LG 14 - Parc Cenedlaethol Arfordir Penfro

(Saesneg yn unig)

The National Assembly’s Proposed Local Government Measure.

1.The Pembrokeshire Coast National Park Authority, on behalf of the Welsh Association of National Park Authorities, makes the following representations on this proposed Measure, and wishes to thank you for the opportunity to comment.

2.In principle the Welsh National Park Authorities are supportive of the Measure’s thrust to promote an effective statutory basis for service improvement and strategic planning by local authorities.

3.We support the aim of better integrating community planning with service improvement.  We recognise that community planning needs to span administrative boundaries, particularly in relation to issues such as access to services, transport or greenhouse gas emissions.  It is accordingly only right that the National Park Management Plan should take into account community strategy objectives.

But we consider there is a need to more clearly acknowledge the important role played by National Park Management Plans.  Indeed the National Park Management Plans Guidance, prepared by the Countryside Council for Wales and the Welsh Assembly Government, stresses (at page 26, para. 4.45) the national importance of National Park Management Plans, and that accordingly Management Plan objectives and policies should prevail over regional and local policy as delivered in National Parks.  The Guidance adds: “Indeed the imperatives of the National Park purposes National Parks’ statutory purposes are defined in Section 5 of the National Parks and Access to the Countryside Act 1949 (“the 1949 Act”) (as amended by Section 61 of the Environment Act 1995: “the 1995 Act”) as:

“(a) conserving and enhancing the natural beauty, wildlife and cultural heritage of the areas specified…; and

(b) promoting opportunities for the understanding and enjoyment of the special qualities of those areas by the public”.

Allied to these purposes is the following “duty” set out in Section 11A of the 1949 Act (as amended by the 1995 Act):

“A National Park authority, in pursuing in relation to the National Park [the above] purposes, shall seek to foster the economic and social well-being of local communities within the National Park, and shall for that purpose co-operate with local authorities and public bodies whose functions include the promotion of economic or social development within the area of the National Park”.

should be reflected in these other Plans, including the Local Development Plan”.

This reinforces the statutory position as set out in Section 62 of the Environment Act 1995 Which inserted a fresh Section 11A into the 1949 Act., subsection (2) of which provides that “in exercising or performing any functions in relation to, or so as to affect, land in a national park, any relevant authority shall have regard to the purposes specified in subsection (1) of section 5 of [the National Parks and Access to the Countryside Act 1949] and, if it appears that 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 comprised in the national park”.

These are significant provisions and carry into effect the statutory intention of giving primacy to national park purposes within national parks, a primacy that we feel is not always fully acknowledged or given practical effect.

We accordingly request that the Measure contain an express acknowledgement that a community strategy that relates to a National Park should have to take into account, and embrace, the policies of the National Park Management Plan (and so of National Park statutory purposes) in reflection of the existing requirement in Section 62(2) of the Environment Act 1995.  Also, as a point of detail, may I highlight that Section 66 of the Environment Act 1995 requires that the National Park Management Plan sets out the Authority’s “policies” for managing the National Park.  Accordingly, for the avoidance of any misunderstanding, it would appear appropriate to use the term “policies” rather than “objectives” in section 4(3)(b) of the proposed Measure.

4.With regard to improvement, performance management and inspection, the Welsh National Park Authorities fully recognise the need for a transparent regime.  But we think it essential to bear in mind that our Authorities are small, with limited resources and remits.  We submit that audit and inspection applied to Welsh National Park Authorities should be commensurate with the risk and scale of our operations.  Audit costs to our authorities, both financially and in terms of staff resources, are disproportionately high compared with other local authorities, and any increase in the audit/inspection burden would have adverse consequences, particularly in the current economic climate.

In addition we would welcome a change of emphasis in the Audit output towards providing positive guidance and constructive assistance, as well as criticism.

5.The Authorities very much welcome the conferring of statutory powers to collaborate.  However we view with some concern the proposed Section 30 powers.  Section 30 would confer on Ministers new powers to give directions to improvement authorities, including a power to direct collaboration between authorities.  The Welsh National Park Authorities are increasingly embracing collaboration with each other and with other local authorities, but are wary of an assumption that collaboration is in all circumstances going to produce the best outcome.  We take the view that each proposal should be assessed on its own merits, examining the costs and benefits, to establish whether there is a sound business case for proceeding.  In addition, such partnerships only work where there is mutual trust and commitment, and a track record of genuine sharing of resources and priorities.  Without these elements, directed collaboration is unlikely to be successful or to deliver either service improvements or public benefits.

Looked at objectively our particular concern is that in considering any such direction, a Minister should be in full possession of relevant facts and arguments.  We take the view that one way of achieving this would be to ensure that any process whereby a Minister considers exercising the power of direction should be transparent and accountable and pay proper regard to the interests of natural justice.  A practical solution may be to amend the proposed provisions so that prior to making any direction under Section 30 the Welsh Ministers must first give notice to the Authority in question indicating they are considering making a direction as described in the notice, and giving the reasons for that proposal.  They could then give the Authority a set time within which to make representations in response, which the Welsh Ministers would be under an obligation to consider before finally determining whether or not to issue a direction, and if so in what terms.

It may be considered that such an approach would be fairer and more inclusive, and also confer the advantage of providing protection against challenge to the procedural integrity of a Ministerial decision.

I very much hope that these representations will prove of assistance.

David A. Prescott
Solicitor to the Pembrokeshire Coast National Park Authority
01646 624808

Copy to: Nic Wheeler, PCNPA Chief Executive

1 National Parks’ statutory purposes are defined in Section 5 of the National Parks and Access to the Countryside Act 1949 (“the 1949 Act”) (as amended by Section 61 of the Environment Act 1995: “the 1995 Act”) as:

“(a) conserving and enhancing the natural beauty, wildlife and cultural heritage of the areas specified…; and

(b) promoting opportunities for the understanding and enjoyment of the special qualities of those areas by the public”.

Allied to these purposes is the following “duty” set out in Section 11A of the 1949 Act (as amended by the 1995 Act):

“A National Park authority, in pursuing in relation to the National Park [the above] purposes, shall seek to foster the economic and social well-being of local communities within the National Park, and shall for that purpose co-operate with local authorities and public bodies whose functions include the promotion of economic or social development within the area of the National Park”.

2 Which inserted a fresh Section 11A into the 1949 Act.