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Corporate Management Team

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Corporate Management Team COUNTY COUNCIL LOCAL COMMITTEE FOR EDEN Meeting date: 7 June 2016 From: Corporate Director – Environment and Community Services NATIONAL PARK EXTENSIONS 1.0 EXECUTIVE SUMMARY 1.1 This report provides Local Committee with the background to the Lake District and Yorkshire Dales National Park boundary extensions which will come into effect from 1st August 2016 and the implications for Cumbria County Council. 1.2 The report is for information. 1.3 The Yorkshire Dales and Lake District National Park boundaries are being extended which comes into effect from 1st August 2016. These changes have been introduced by the Government and will mean the transfer of a number of responsibilities from the County Council to the National Parks largely around Development Control Planning and Minerals and Waste Planning. 1.4 Those County Council functions affected by the change of boundary will formally transfer to the National Parks via a Statutory Order. 1.5 The County Council may look to the National Parks to exercise some functions on our behalf. These may require a form of delegation. Alternatively the Council may not wish to delegate any functions that do not formally transfer to the National Parks under the Order. The National Parks are currently formulating their views on preferred options and further discussions will follow. 1.6 Membership of the National Park Authority Boards will also change. DEFRA consulted on the new arrangements in March 2016. The Council provided a formal response – this is set out later in the report (section 4.5-). 2.0 STRATEGIC PLANNING AND EQUALITY IMPLICATIONS 2.1 Changes to the National Park boundaries will not materially impact on delivery of the council plan. 2.2 The Equality Act applies to National Park authorities. The extension to the National Park boundaries of the Yorkshire Dales and Lake District National Park will not bring about any new equality issues. 2.3 The National Park Management Plans are subject to equality reviews. Equality of access to services, jobs and countryside forms a central part of this work 3.0 RECOMMENDATION 3.1 Members are asked to note the report. 4.0 BACKGROUND 4.1 The Yorkshire Dales and Lake District National Park boundaries are being extended which comes into effect from 1st August 2016. These changes have been introduced by the Government and will mean the transfer of a number of functions from the County Council to the National Parks largely around Development Control Planning and Minerals and Waste Planning. 4.2 In 2004 eleven possible National Park extensions areas were identified. Natural England concluded that nine of these areas should be formally designated as extensions to the Lake District and Yorkshire Dales National Parks. 4.3 The Yorkshire Dales National Park (YDNP) will increase by nearly 25% in terms of land area. From 1st August 2016, the boundary will cover new areas in the north west into Cumbria and, for the first time, west into Lancashire. 4.4 Affecting Eden District the YDNP will include parts of the Orton Fells, the northern Howgill Fells, Wild Boar Fell and Mallerstang. The west is set to extend to Barbon, Middleton, Casterton and Leck Fells, the River Lune, and part of Firbank Fell and other fells to the west of the River Lune. 4.5 The Lake District National Park (LDNP) is to extend east and increase by around 3% sharing a boundary with the YDPA each side of the M6 and West Coast Main Line. 4.6 Affecting Eden District the LDNP will be extended into the Birkbeck Fells Common area and to Whinfell Common. An area further south in South Lakeland District is to be extended from Helsington Barrows to Sizergh Fell, an area north of Sizergh Castle and part of the Lyth Valley. 4.7 There are a number of impacts on the County Council. Each of these are set out below. Defra Consultation on National Park Membership 4.8 DEFRA issued a formal consultation on the make-up and formula for new National Park Authority (NPA) membership in March 2016. All district and county authorities that include areas of National Parks have the right representation on the Park Boards. New arrangements should be in place ahead of the 1st August transfer. 4.9 Defra has proposed that the Yorkshire Dales National Park Authority should increase in size from 22 to 25 members to accommodate one new member from each of the newly constituent local authorities, i.e. Eden District Council, Lancaster City Council and Lancashire County Council. Other authorities already represented on the Board would not be offered further places. 4.10 The extensions to the Lake District National Park are small, and do not encompass the area of any principal local authority not already represented on the current Park Boards. Defra has proposed to leave the membership of the Authority unchanged. 4.11 Cumbria County Council Members whom are currently Members of the Park Boards and those whose constituencies will be affected by the boundary changes were consulted on Defra’s proposals in March 2016. The Council provided a formal response. The key points of the response are set out below: As the proposal stands membership will be offered to the newly affected authorities, Lancashire County Council, Lancaster City Council and Eden District Council. More than 90% of the expansion area of the Yorkshire Dales National Park lies in Cumbria. It is therefore absolutely vital that residents from the newly designated area are appropriately represented by Cumbria County Council. At present the proposals do not address the concerns the Council has about ensuring the voice of Cumbria’s residents will be considered in a proportionate way and therefore the Council would like to discuss options with Defra to enable further representation from Cumbria County Council. Securing additional representation would enable the County Council to most effectively support the residents of the newly designated area and ensure our duties and functions are most effectively delivered. New membership arrangements clearly need to be in place in good time to be effective from 1st August 2016. Cumbria County Council seeks some assurance that there will be opportunities in the near future to review membership arrangements if and when necessary. Beyond the 1st August and the new arrangements coming into effect the Council would also welcome a wider review on National Park membership where National Park Members are elected directly by the people they serve. 4.12 A formal response back from Defra following the consultation is still awaited. 4.13 Transfer of Functions - From the 1st August 2016 some County Council functions will transfer from the relevant County and District Councils to the National Park Authority (NPA). When land is designated as National Park, certain powers are transferred via a Designation Variation Order to the NPA. 4.14 Defra will issue a further Statutory Instrument (SI) which is the tool used to reconfigure National Park Board Membership. The SI also allows for transitional provisions and provides scope for additional time to get new arrangements in place beyond the implementation date of 1st August 2016. 4.15 The Park Authorities are reviewing their position and will provide the Council with their preferred options around the transfer of functions in due course. 4.16 Technical matters across areas such as planning, rights of way and commons can be negotiated at the local level using existing groups and channels of communication between Cumbria County Council officers and the National Park Authority (NPA) teams. A working group made up of key people from each affected organisation will continue to liaise to keep projects on track up to 1st August. 4.17 Planning - County Council duties as planning authority are for minerals, waste and for the council’s own developments. 4.18 Following the transfer of functions the National Park Authority becomes: the local planning authority with responsibility for determining applications for planning permission and listed buildings consent, and preparing the Local Development Scheme (ie. the development plan); the minerals and waste planning authority with responsibility for preparing the local minerals and waste plans for the areas newly designated as National Park; and the relevant access and appointing authority with duties regarding open access land and to support a Local Access Forum for the National Park. 4.19 Rights of Way and Commons - The management and maintenance of public rights of way (PROW) is the duty of the County Council as Highways Authority. The County Council currently Commons Registration Service currently covers the whole of the county including the areas of the national parks. As a result any boundary changes will not directly affect the service which will continue under current arrangements. Options around future PROW management and maintenance are still under review. 4.20 Historic Environment - The implications for the historic environment service are not significant. Copies of the Historic Environment Record for the relevant areas will be provided to the two Park Authorities. Future arrangements for the management of the records are still subject to negotiation. 4.21 Landscape - The County Council is the lead organisation for delivering some of the objectives of the Yorkshire Dales National Park Authority Management Plan including some matters relating to landscape. These would continue to require joint working through the delivery of shared Management Plan objectives. 4.22 Communication and Engagement – Cumbria County Council is working closely with the communications teams in the Park Authorities to align the messages and key milestones up to 1st August. Authorities have met twice to discuss the boundary extensions to collectively agree each step towards the transition on 1st August. This process is critical to enable an effective transfer to the new arrangements.
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