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Report No. 69/14 National Park Authority

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Report No. 69/14 National Park Authority Report No. 69/14 National Park Authority REPORT OF THE CONSERVATION POLICY OFFICER SUBJECT: DRAFT PEMBROKESHIRE COAST NATIONAL PARK MANAGEMENT PLAN 2015-19 - REPORT OF CONSULTATION Purpose of Report To report the outcome of consultation on the draft National Park Management Plan 2015-19 and seek approval for recommended revisions, allowing a final revised Management Plan for the period 2015-19 to be produced. Background A consultation draft Management Plan for the period 2015-19 and its associated impact assessments were made publicly available for comment between 1st August and 31st October 2014. The consultation documents were promoted in accordance with the Delivery Agreement for the Management Plan. (An updated Delivery Agreement was agreed by NPA 2nd April 20141.) The documents were published on the NPA’s website, hardcopies were made available at key NPA offices and at libraries around Pembrokeshire, and potential respondents were alerted to the consultation via the NPA’s direct mailings lists. The mailing lists include community groups, interest groups and associations. A press release was issued for the start of the consultation, with a reminder press release issued in September. Representations received Representations received on the consultation draft Management Plan are attached at Annex 1. Officers’ responses and recommendations regarding amendments to the consultation draft Management Plan, where applicable, are also included. Officers’ recommendations are given in bold italics in Annex 1 for ease of identification. Respondents commented on a range of topics and have made useful observations on the content and/or presentation of the consultation draft. A number of amendments are proposed. No amendments to the aims and policies agreed by Members at the drafting stages are recommended. The impact assessments consulted on in parallel to the draft Management Plan were the Sustainability Appraisal/Strategic Environment Assessment screening 1 National Park Authority Report 20/04 Pembrokeshire Coast National Park Authority National Park Authority – 17th December, 2014 of Plan modifications, the Habitats Regulations Assessment screening of modifications, and an Equalities Impact screening. No amendments are considered necessary to these as a result of the consultation process. Updates proposed by officers A small number of factual updates have become necessary during the consultation period. Recommended changes arising from these are detailed in bold italics at Annex 2 to this report. Online survey of corporate priorities A survey of the NPA’s corporate priorities, which was conducted in parallel to the Management Plan, is the subject of a separate report to Members today. The results provide support for the Authority’s work in pursuing National Park purposes and a summary is attached at Annex 3. Financial considerations The Management Plan review programme has been resourced from existing budgets and staffing. Legal considerations The Environment Act 1995 requires National Park Management Plans to be reviewed at intervals of not more than five years. Statutory consultees and other key stakeholders were formally notified of the National Park Authority’s intention to update and review the Management Plan in January 2014. Sustainability The Management Plan’s purpose is to help achieve National Park purposes, which are inherently concerned with the sustainable management of natural resources and cultural assets. Then Plan has been subject to a separate screening exercise for environmental and socio-economic impacts, including impacts on European protected sites, as required by legislation. Equalities The Management Plan has been screened for equalities impacts in line with the National Park Authority’s Equality Plan (2012). No action was indicated as a result of this screening. Recommendation: 1) That, subject to Members’ comments, the consultation draft Management Plan 2015-19 is amended as per officer recommendations at Annex 1 and Annex 2, with publication of the final Pembrokeshire Coast National Park Management Plan 2015-19 to follow. 2) That delegated responsibility is granted to officers to make any minor factual corrections or technical updates that may arise between consideration of this report and publication. Pembrokeshire Coast National Park Authority National Park Authority – 17th December, 2014 3) That (subject to the recommendations above) the final Pembrokeshire Coast National Park Management Plan 2015-19 bears a date of approval by the NPA of 17th December 2014. Author: Michel Regelous Consultees: Martina Dunne, Leadership Team Background Documents Consultation draft National Park Management Plan 2015-19 documents English http://www.pembrokeshirecoast.org.uk/default.asp?PID=673 Welsh http://www.pembrokeshirecoast.org.uk/default.asp?pid=673&LangID=2 National Park Management Plans Guidance by the Welsh Assembly Government & the Countryside Council for Wales, 2007 English http://www.pembrokeshirecoast.org.uk/files/files/Conservation/Conservation%20publications/N ational%20parks%20final%20English.PDF Welsh http://www.pembrokeshirecoast.org.uk/Files/files/Conservation/Conservation%20publications/N ational%20parks%20final%20Welsh.PDF Environment Act 1995 - Part III (National Parks) http://www.legislation.gov.uk/ukpga/1995/25/part/III Natural Resources Wales Ecosystem Approach for Protected Landscapes Management Plan Reviews 2014 (Contract number R007095). A hardcopy is available from the Park Direction team. Pembrokeshire Coast National Park Authority National Park Authority – 17th December, 2014 Annex 1 Representations on the consultation draft National Park Management Plan 2015-19 Reference Representation Officer response and recommendation MP/4302/01 References to Sandford Principle: The Sandford principle was 1.1.2 originally articulated as follows: Richard Whitby "National Park Authorities can The Sandford principle says that do much to reconcile public 'priority must be given to the enjoyment with the preservation conservation of natural beauty of natural beauty by good (over other purposes).' planning and management and the main emphasis must The Park is governed by the continue to be on this approach Environment Act 1995 section 62 wherever possible. But even so, (1) (2) which states merely that there will be situations where greater weight should be given to the two purposes are conservation. This is not the irreconcilable... Where this Sandford Principle, but rather a happens, priority must be given seriously weakened substitute. to the conservation of natural beauty." (Lord Sandford, 1974) Your discussion implies that it is only in conflicts between access I.e. the principle refers to and conservation that conservation prioritisation of conservation of is given, or ought to be given, natural beauty in situations priority. where it and public enjoyment of natural beauty are The Park has numerous functions irreconcilable. (including, for example, presently, development management). The Environment Act 1995 Conservation of the natural beauty enshrined a variation of this of the landscape is the priority, or principle in law for the first time ought to be the priority, in all its at Section 62 (1)(2): functions and considerations. “In exercising or performing any functions in relation to, or so as I have been to several to affect, land in a National Development Management Park, any relevant authority Committee meetings of your shall have regard to the Authority and their considerations, purposes specified in such as they are, appear to have subsection (1) of section five of very little regard to the this Act and, if it appears that requirements of Section 62. there is a conflict between those purposes, shall attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area Pembrokeshire Coast National Park Authority National Park Authority – 17th December, 2014 Reference Representation Officer response and recommendation comprised in the National Park.” Officers’ interpretation of this remains unchanged: that relevant authorities must have regard to both National Park purposes and that the ‘second’ (enjoyment and understanding) purpose is subordinate to the ‘first’ (conservation) purpose in the case of a conflict between them. It is also argued that the Environment Act (which refers more generally to ‘conflict’) is stronger than the Sandford principle for two reasons: first and foremost, the latter had no legal basis and secondly, it would apply in fewer cases (only in ‘irreconcilable’ situations). It is acknowledged that the Section 62(2) duty on relevant authorities to have regard to National Park purposes is not effective for a number of reasons. These include: weak construction of the duty; low awareness of it; no reporting of implementation; no independent oversight role on the duty and no clear mechanism through which to achieve compliance). For this reason Section 62(2) does not have the practical relevance that the NPA would like and the NPA has recently made these points via the National Parks Wales’ (NPW) submission to the Review of designated Landscapes in Wales. NPW’s submission also explores legislative options in regard to linking Section 62(2) Pembrokeshire Coast National Park Authority National Park Authority – 17th December, 2014 Reference Representation Officer response and recommendation to the Management Plan and on reporting requirements of relevant authorities. Recommendation: no change. MP/4302/02 Intensive Farming
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