Memorandum by the Council for National
Parks (CNP) (DRA 79)
The Council for National Parks (CNP) welcomes
the opportunity to submit evidence to the Committee's inquiry
into the Draft Regional Assemblies Bill.
ELECTED REGIONAL
ASSEMBLIES AND
PLANNING
Elected Regional Assemblies would be responsible
for delivering various planning functions including:
— reviewing and revising regional spatial
strategies, taking this role over from regional planning bodies;
— assuming responsibility for issuing
regional spatial strategies;
— having power to direct local authorities
to refuse strategic planning applications which the assembly considers
to contravene the regional spatial strategy; and
— assuming responsibility for setting
the regional strategy for transport.
It is essential that the proper representation
of National Park Authorities is achieved. The recently issued
advice in para 2.9 of PPS11 is relevant here:
Section 62(2) of the Environment Act 1995 requires
"relevant authorities" to have regard to the statutory
purposes of National Park designation (see section 61 of the Environment
Act 1995). In addition, the Countryside and Rights of Way Act
2000 places a similar duty on "relevant authorities"
to have regard to the statutory purposes of the Broads (section
97) (as per section 2(1) of the Norfolk and Suffolk Broads Act
1988), and to the statutory purposes of Areas of Outstanding Natural
Beauty (AONBs) (section 85). These include RPBs. RPBs will be
expected to demonstrate how they have taken the statutory purposes
of the National Parks, AONBs and the Broads into account during
preparation of a RSS revision and in the implementation, monitoring
and review of any RSS, which covers either in whole or part of
a National Park or the Broads or which would have a significant
indirect effect on an National Park or the Broads, for example
on the landscape setting.
In conclusion CNP therefore encourages the Committee
to look at ways in which the proper representation of National
Park Authorities will be secured in Elected Regional Assemblies.
It further asks the Committee to recommend to ODPM that guidance
is provided to Elected Regional Assemblies which makes the duty
under Section 62 of the 1995 Environment Act explicit in order
that National Park purposes can be fulfilled.
Clause 107 of the draft Bill
This states that:
(1) The Secretary of State may by order
direct that if the area of a National Park falls within more than
one region it is treated as falling within such region as is specified
in the order.
(2) An order under this section must not
be made in respect of a National Park if an order under section
12(2) of the Planning and Compulsory Purchase Act 2004 is in force
in respect of the Park.
(3) An order under that section must not
be made in respect of a National Park if an order under this section
is in force in respect of the Park.
Para 302 of the explanatory note on Clause 107
states that:
302. Clause 107 provides that the Secretary
of State would be able to order that an area of National Park
should fall within the control of one assembly. This would be
to ensure that the same regional planning policies applied to
the whole area of the National Park. This order could only be
made where a similar order was not already in force.
We would welcome ODPM issuing a clear policy
statement to ensure that all RSSs covering a single National Park
area should be consistent. It is important to be able to regularise
policies on National Parks between the different assemblies and
RSS.
The key issue is that every National Park should
have one regional planning authority from which it takes guidance
or spatial strategy, not only for clarity on policies but also
to save time consuming duplication of consultation.
The Peak District National Park Authority (PDNPA)
has considered Clause 107 and would like the following comments
to be considered by the Committee. CNP considers that these should
be given great weight by the Committee as the Peak District National
Park Authority will be the National Park Authority most affected,
since it falls within four Government Regions.
— The retention of (in effect) the
current position for the PDNPA is welcome, provided that it also
applies to non-elected assemblies (regional planning bodies) as
per PPS11.
— Clarification would be helpful that
the direction applies to regional transport strategies (as part
of the regional spatial strategy), regional housing strategies
and to all policies/proposals etc in future RSS—not just
land-use planning statements. It would also be helpful if this
could be extended to research and monitoring arrangements.
— We request that the power of direction
should apply to other aspects of the Integrated Regional Strategy
and implementation—in particular to RDA arrangements and
also to regional biodiversity action plans and the regional energy
strategy. This will require local discussion and negotiation,
which should be allowed for in any rewording.
— On our understanding, Clause 12 (2)
of the Planning and Compulsory Purchase Act 2004 poses a difficulty
if the principles argued here are accepted. Basically if the scope
of an order in new legislation is broadened vis-a"-vis
that in 12 (2), we would wish the former to be replaced. Parliamentary
drafting may not be affected since there could be simultaneous
revocation of the former provision and imposition of the new.
Detail:
— 107 (3) could perhaps be deleted
and "vice versa" added to 107 (2) IF the wording
remains unchanged.
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