National Parks and Access to the Countryside Act 1949

Part II E+W National Parks

[F1 4A Application of Part II of this Act in Wales. E+W

(1) The provisions of this Part of this Act shall, subject to the next following subsection, apply to land in Wales as they apply to land in England.

(2) Where a provision of this Part of this Act confers a function on [F2 Natural England] as respects England (or areas of any description in England), the Countryside Council for Wales shall have the corresponding function as respects Wales (or areas of a similar description in Wales).]

Textual Amendments

F1 S. 4A inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130(1), Sch. 8 para. 1(4); S.I. 1991/685, art. 3

F2 Words in s. 4A(2) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 9; S.I. 2006/2541, art. 2 (with Sch.)

Modifications etc. (not altering text)

C1 S. 4A applied (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 84(3) (with s. 84(4)-(6)); S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)

5 National Parks. E+W

[F3 (1) The provisions of this Part of this Act shall have effect for the purpose—

(a) of conserving and enhancing the natural beauty, wildlife and cultural heritage of the areas specified in the next following subsection; and

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

(2) The said areas are those extensive tracts of country in England F4 . . . as to which it appears to [F5 Natural England] that by reason of—

(a) their natural beauty, and

(b) the opportunities they afford for open-air recreation, having regard both to their character and to their position in relation to centres of population,

it is especially desirable that the necessary measures shall be taken for the purposes mentioned in the last foregoing subsection.

(3) The said areas, as for the time being designated by order made by [F6 Natural England] and submitted to and confirmed by the Minister, shall be as known as, and are hereinafter referred to as, National Parks.

Textual Amendments

F3 S. 5(1) substituted (19.9.1995) by 1995 c. 25, ss. 61(1)(2), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

F4 Words in s. 5(2) repealed (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130(1), Sch. 8 para. 1(5); S.I. 1991/685, art. 3

F5 Words in s. 5(2) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 10(a); S.I. 2006/2541, art. 2 (with Sch.)

F6 Words in s. 5(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 10(a); S.I. 2006/2541, art. 2 (with Sch.)

6 General duties of [F7 Natural England ] in relation to National Parks. E+W

(1) It shall be the duty of [F8 Natural England] F9 ... from time to time, to consider what areas there are in England F10 . . . falling within subsection (2) of the last foregoing section, to determine in what order they should be designated under subsection (3) of that section, and to proceed with their designation at such times as [F8 Natural England] may determine.

(2) The power of the Minister to give directions under section three of this Act shall extend to the giving of directions as to the order and time of designation of the said areas, notwithstanding that the directions may be of a specific character.

(3) As respects areas designated as National Parks, it shall be the duty of [F11 Natural England]—

(a) to consider, generally and in relation to particular National Parks, in what way action needs to be taken under this Act and [F12 the M1 Town and Country Planning Act 1971] for the purposes specified in subsection (1) of the last foregoing section, and to make such recommendations with respect thereto to the Minister and to [F13 National Park authorities and]local authorities as may appear to [F11 Natural England ] to be necessary or expedient, and

(b) to keep under review the progress made from time to time in accomplishing the said purposes and to make to the Minister or, where [F11 Natural England] deem it appropriate, to any other Minister or any [F13 National Park authority]local authority or other persons, such representations as appear to [F11 Natural England] to be necessary or expedient as to any matter affecting the accomplishment of those purposes.

(4) Without prejudice to the generality of the last foregoing subsection, it shall be the duty of [F14 Natural England], subject to and in accordance with the following provisions of this Act in that behalf—

F15 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

F17 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

(e) to give advice where any Minister consults [F14 Natural England] as to proposals for development of land in a National Park, or the appropriate planning authority consult them (whether in compliance with a requirement imposed under this Act or [F12 the M2 Town and Country Planning Act 1971] or otherwise) in connection with the preparation or amendment of a development plan or in connection with an application for permission to develop any such land;

(f) to make recommendations to the Minister and, where [F14 Natural England ] deem it appropriate, to other Ministers as to any proposals for the development of land in a National Park, being proposals for development in a way which appears to [F14 Natural England] to be inconsistent with the maintenance of the area as a Park;

(g) to notify to the Minister, or where [F14 Natural England] deem it appropriate to other Ministers, the general nature of the action which will in the opinion of [F14 Natural England ] need to be taken as respects land in a National Park for any of the purposes specified in subsection (1) of the last foregoing section, in cases where it appears to [F14 Natural England] that the Minister in question should be informed thereof before considering future proposals for the development of the land for other purposes; and

(h) if in any case [F14 Natural England ] are not satisifed that effect will be given to their recommendations or advice as to any matter mentioned in the foregoing paragraphs of this subsection, to refer the matter to the Minister and to advise the Minister as to the exercise of any powers of direction or enforcement (including powers of making orders) conferred on him by this Act or [F12 the M3 Town and Country Planning Act 1971].

(5) Nothing in this section shall be construed as modifying the effect of any provision of this Act whereby any specific power or duty is conferred or imposed on [F19 Natural England ] or whereby an obligation is imposed on any other person to consult with [F19 Natural England ].

(6) In this section the expression “appropriate planning authority”means [F20 a National Park authority]. . .and includes a local authority, not being a local planning authority, by whom any powers of a local planning authority as respects a National Park are exercisable, whether under the following provisions of this Act in that behalf or otherwise; and references in this section to a Minister include references to any Board in charge of a Government department.

Textual Amendments

F7 Words in s. 6 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 11(4); S.I. 2006/2541, art. 2 (with Sch.)

F8 Words in s. 6(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 10(b); S.I. 2006/2541, art. 2 (with Sch.)

F9 Words in s. 6(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 11(2), Sch. 12; S.I. 2006/2541, art. 2 (with Sch.)

F10 Words in s. 6(1) repealed (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130(1), Sch. 8 para. 1(5); S.I. 1991/685, art. 3

F11 Words in s. 6(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 10(b); S.I. 2006/2541, art. 2 (with Sch.)

F12 Words substituted by virtue of Town and Country Planning Act 1971 (c. 78, SIF 123:1), Sch. 24 para. 2

F13 Words in s. 6(3)(a)(b) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 2(1)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2

F14 Words in s. 6(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 10(b); S.I. 2006/2541, art. 2 (with Sch.)

F15 S. 6(4)(a) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 11(3), Sch. 12; S.I. 2006/2541, art. 2 (with Sch.)

F16 S. 6(4)(b) repealed by Countryside Act 1968 (c. 41, SIF 46:1), Sch. 5

F17 S. 6(4)(c) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 11(3), Sch. 12; S.I. 2006/2541, art. 2 (with Sch.)

F18 S. 6(4)(d) repealed by Countryside Act 1968 (c. 41, SIF 46:1), Sch. 5

F19 Words in s. 6(5) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 10(b); S.I. 2006/2541, art. 2 (with Sch.)

F20 Words in s. 6(6) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 2(1)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2

Modifications etc. (not altering text)

C2 S. 6(4)(e) applied (with modifications)(1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 84(1)(a)(2) (with s. 84(4)-(6)); S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)

Marginal Citations

M1 1971 c. 78.(123:1).

M2 1971 c. 78.(123:1).

M3 1971 c. 78.(123:1).

7 Designation and variation of National Parks. E+W

(1) Before making an order designating a National Park [F21 Natural England] shall consult with every joint planning board, [F22 and local authority] whose area includes any land in the area to be designated a Park.

(2) Any such order shall describe the area to be designated a Park by reference to a map and such other descriptive matter as may appear to [F23 Natural England] to be requisite.

(3) The provisions in that behalf of the First Schedule to this Act shall have effect as to the making, confirmation, coming into operation and validity of any order designating a National Park.

(4) The Minister may by order made after consultation with [F24 Natural England] vary an order designating a National Park.

(5) Before making an order under the last foregoing subsection the Minister shall consult with [F25 any National Park authority for the Park in question and with] every such board and council as aforesaid whose area, or any part of whose area, is comprised in the National Park, whether as existing or as proposed to be varied; and the provisions in that behalf of the First Schedule to this Act shall apply to any order under the last foregoing subsection.

(6) It shall be the duty of [F26 Natural England] to secure that copies of any order such as is mentioned in this section shall be available, at the office of [F26 Natural England], at the offices of each joint planning board and local authority specified in subsection (1) or subsection (5) of this section, as the case may be [F27 at the offices (where the order is for the variation of an order designating a Park) of any National Park authority for the Park in question], and at such other place or places in or near the Park in question as [F26 Natural England] may determine, for inspection by the public at all reasonable times.

[F28 (7) In this section and Schedule 1 “ local authority ” means—

(a) in relation to England, a county council, district council or parish council;

(b) in relation to Wales, a county council, county borough council or community council.]

Textual Amendments

F21 Words in s. 7(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16) , s. 107 , Sch. 11 para. 10(c) ; S.I. 2006/2541 , art. 2 (with Sch. )

F22 Words in s. 7(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16) , ss. 60(2) , 107(3)(b) ; S.I. 2006/2541 , art. 2 (with Sch. )

F23 Words in s. 7(2) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16) , s. 107 , Sch. 11 para. 10(c) ; S.I. 2006/2541 , art. 2 (with Sch. )

F24 Words in s. 7(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16) , s. 107 , Sch. 11 para. 10(c) ; S.I. 2006/2541 , art. 2 (with Sch. )

F25 Words in s. 7(5) inserted (1.4.1996) by 1995 c. 25 , s. 78 , Sch. 10 para. 2(2)(a) (with ss. 7(6) , 115 , 117 , Sch. 8 para. 7 ); S.I. 1995/2950 , art. 3

F26 Words in s. 7(6) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16) , s. 107 , Sch. 11 para. 10(c) ; S.I. 2006/2541 , art. 2 (with Sch. )

F27 Words in s. 7(6) inserted (1.4.1996) by 1995 c. 25 , s. 78 , Sch. 10 para. 2(2)(b) (with ss. 7(6) , 115 , 117 , Sch. 8 para. 7 ); S.I. 1995/2950 , art. 3

F28 S. 7(7) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16) , ss. 60(3) , 107(3)(b) ; S.I. 2006/2541 , art. 2 (with Sch. )

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29 E+W

Textual Amendments

F29 S. 8 repealed and superseded by Local Government Act 1972 (c. 70, SIF 81:1), s. 184(6), Sch. 17 Pt. I, Sch. 30

9 Development plans relating to National Parks. E+W

(1) In preparing a development plan, or proposals for any alterations of or additions to a development plan, for any area being or including the whole or any part of a National Park, [F30 the authority or authorities who are required to prepare the plan or, as the case may be, who are entitled to alter or add to it] shall consult with [F31 Natural England] and take into consideration any observations made by [F31 Natural England].

F32 ( 2 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30 Words in s. 9(1) substituted (23.11.1996) by 1995 c. 25, s. 78, Sch. 10 para. 2(3) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2

F31 Words in s. 9(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 10(d); S.I. 2006/2541, art. 2 (with Sch.)

F32 S. 9(2) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 60(4), 107(3)(b), Schs. 12; S.I. 2006/2541, art. 2 (with Sch. )

Modifications etc. (not altering text)

C3 S. 9 applied (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37 , s. 84(1)(b) (with s. 84(4)-(6) ); S.I. 2001/114 , art. 2(2)(e) ; S.I. 2001/1410 , art. 2(g)

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33 E+W

Textual Amendments

F33 S. 10 repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30

F34 11

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34 S. 11 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

[F35 11A Duty of certain bodies and persons to have regard to the purposes for which National Parks are designated. E+W

(1) A National Park authority, in pursuing in relation to the National Park the purposes specified in subsection (1) of section five of this Act, shall seek to foster the economic and social well-being of local communities within the National Park F36 ... 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) 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 five of this Act 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.

(3) For the purposes of this section “relevant authority” means—

(a) any Minister of the Crown,

(b) any public body,

(c) any statutory undertaker, or

(d) any person holding public office.

(4) In subsection (3) of this section—

• “public body” includes—

  (a)

  any local authority, joint board or joint committee;

  (b)

  any National Park authority;

• “public office” means—

  (a)

  an office under Her Majesty;

  (b)

  an office created or continued in existence by a public general Act of Parliament; or

  (c)

  an office the remuneration in respect of which is paid out of money provided by Parliament.

(5) In subsection (4) of this section, “joint board” and “joint committee” mean—

(a) a joint or special planning board for a National Park reconstituted by order under paragraph 1 or 3 of Schedule 17 to the M4 Local Government Act 1972, or a joint planning board within the meaning of section 2 of the M5 Town and Country Planning Act 1990;

(b) a joint committee appointed under section 102(1)(b) of the M6 Local Government Act 1972.

(6) In this section, “local authority”—

(a) in relation to England, means a county council, district council or parish council;

(b) in relation to Wales, means a county council, county borough council, F37 . . . or community council.]

Textual Amendments

F35 S. 11A added (19.9.1995) by 1995 c. 25, ss. 62, 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

F36 Words in s. 11A(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 62, 107(3)(b), Sch. 12; S.I. 2006/2541, art. 2, Sch.

F37 Words in s. 11A(6)(b) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Marginal Citations

M4 1972 c. 70.

M5 1990 c. 8.

M6 1972 c. 70.

12 Provision of accommodation, meals, refreshments, camping sites and parking places. E+W

(1) A local planning authority whose area consists of or includes the whole or any part of a National Park may make arrangements for securing the [F38 provision for] their area (whether by the authority or by other persons)—

(a) of accommodation, meals and refreshments (including intoxicating liquor);

(b) or camping sites; and

(c) of parking places and means of access thereto and egress therefrom,

and may for the purposes of such arrangements erect such buildings and carry out such work as may appear to them to be necessary or expedient:

Provided that a local planning authority shall not under this section provide accommodation, meals or refreshments except in so far as it appears to them that the facilities therefor are inadequate or unsatisfactory, either generally or as respects any description of accommodation, meals or refreshments, as the case may be.

F39 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The foregoing provisions of this section shall not authorise an authority, on land in which any other person has an interest, without his consent to do anything which apart from this section would be actionable at his suit by virtue of that interest.

(4) A local planning authority may acquire land compulsorily for the purpose of any of their functions under this section.

Textual Amendments

F38 Words in s. 12(1) substituted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 2(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2

F39 S. 12(2) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Modifications etc. (not altering text)

C4 S. 12(1) extended by Countryside Act 1968 (c. 41, SIF 46:1), s. 12(1)(2)

S. 12 extended (19.9.1995) by 1995 c. 25, ss. 68(4), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

13 Improvement of waterways for purposes of open-air recreation. E+W

(1) A local planning authority whose area consists of or includes the whole or any part of a National Park may, as respects any waterway in the Park F40 . . ., carry out such work and do such other things as may appear to them necessary or expedient for facilitating the use of the waterway by the public for sailing, boating, bathing [F41 or fishing or other forms of recreation]:

Provided that a local planning authority shall not under this section provide facilities of any description except in cases where it appears to them that the facilities of that description are inadequate or unsatisfactory.

(2) A local planning authority may, as respects any waterway in their area, enter into an agreement, on such terms as to payment or otherwise as may be specified in the agreement, with any other authority on whom powers of carrying out work are conferred in relation to the waterway by or under any enactment, for the exercise by the said other authority of any power of doing work conferred on the local planning authority by the last foregoing subsection.

(3) Where an agreement is made under the last foregoing subsection for the exercise of any power by any such authority, other than a local planning authority, as is therein mentioned, no limitation imposed by law on the capacity of that authority by virtue of the constitution thereof shall operate so as to prevent the authority from exercising that power.

(4) Where it appears to the Minister, as respects a waterway in the area of a local planning authority, that any power of doing work conferred on the authority by subsection (1) of this section should be exercised by any such other authority as is mentioned in subsection (2) of this section, and the local planning authority have not entered into an agreement with the said other authority under the said subsection (2), the Minister may direct that the said power shall be exercisable by the said other authority:

Provided that no direction shall be given under this subsection except after consultation with the local planning authority and the said other authority.

(5) Before exercising any power conferred by or under this section an authority shall consult with such other authorities, being authorities which under any enactment have functions relating to the waterway in question, as the Minister may either generally or in any particular case direct.

(6) Where any authority consulted under the last foregoing subsection objects to a proposed exercise of powers under this section, and the objection is not withdrawn, the proposal shall not be proceeded with unless on an application in that behalf specifying the proposal and the objection the Minister so directs, and subject to any conditions or modifications specified in the direction; and before giving a direction under this subsection the Minister shall afford to each of the authorities an opportunity of being heard by a person appointed by him for the purpose, and shall consider that person’s report.

(7) The foregoing provisions of this section shall not authorise an authority to do anything on land, or as respects water over land, in which any other person has an interest, if apart from this section the doing thereof would be actionable at his suit by virtue of that interest and he does not consent to the doing thereof:

Provided that this subsection shall not apply in the case of land to which, or to water over which, the public have access by virtue of an access order under Part V of this Act, but the exercise of any power under the foregoing provisions of this section as respects such land shall be subject to the provisions in that behalf of the said Part V.

(8) A local planning authority may acquire land compulsorily for the purpose of enabling any power conferred by or under this section to be exercised.

Textual Amendments

F40 Words in s. 13(1) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F41 Words substituted by Countryside Act 1968 (c. 41, SIF 46:1), s. 12(6)

Modifications etc. (not altering text)

C5 S. 13(1) extended by Countryside Act 1968 (c. 41, SIF 46:1), s. 12(6)

C6 S. 13(2)-(4) extended by Countryside Act 1968 (c. 41, SIF 46:1), s. 12(7)

14 Acquisition by Minister of land in National Parks. E+W

(1) Where, as respects any land in a National Park, the Minister is satisfied that it is expedient so to do, he may with the consent of the Treasury acquire the land by agreement, whether by way of purchase, lease or exchange.

(2) Unless in any particular case the Minister otherwise determines, any land acquired by the Minister under this section shall be transferred to such other persons on such trusts or subject to such conditions as may appear to him expedient for securing that the land will be managed in a suitable manner for accomplishing the purposes specified in subsection (1) of section five of this Act.

(3) Subject to the provisions of the last foregoing subsection, the transfer of land under that subsection may be on such terms as to payment or otherwise as may, with the consent of the Treasury, be provided for by the arrangements for the transfer; and where the arrangements so provide the Minister may defray or contribute to the cost of managing the land while it is managed in accordance with the trusts or conditions referred to in the last foregoing subsection.

(4) The Minister may defray the cost of managing any land acquired by him under this section and not transferred to other persons.