Countryside Act 1968

6 Country parks and commons: preliminary

(1) The powers conferred by this and the three next following sections shall be exercisable for the purpose of providing, or improving, opportunities for the enjoyment of the countryside by the public, and a local authority in exercising those powers in any area in the countryside shall have regard—

(a) to the location of that area in the countryside in relation to an urban or built-up area, and

(b) to the availability and adequacy of existing facilities for the enjoyment of the countryside by the public.

(2) In this and the three next following sections " local authority " means—

(a) the council of a county, county borough or county district, or

(b) the Greater London Council, the Common Council of the City of London or any London borough council, or

(c) a National Park joint planning board, that is to say a joint planning board constituted under section 2 of the [1962 c. 38.] Town and Country Planning Act 1962 for an area which consists of or includes any part of a National Park.

(3) A local authority may exercise the powers conferred by the three next following sections inside or outside their area, except that only the council of a county borough may exercise those powers wholly or partly within the county borough.

(4) Before a local authority exercise any of the powers conferred by the next following section as respects any land, or acquire any land, or any additional land, for the purpose of exercising those powers, they shall comply with the requirements in the following Table.

TABLE

Authority exercising powers	Requirement
A county council	Consult the council of any county district in the county which will comprise all or any part of the land.
	Obtain the consent of the council of any other county which will comprise all or any part of the land.
Council of a county district	Obtain the consent of the county council, and of the council of any other county which will comprise all or any part of the land.
Council of a county borough, the Greater London Council, Common Council of the City of London, or any London borough council.	Obtain the consent of the council of any county which will comprise all or any part of the land.
National Park joint planning board.	Consult the council of any county district which is wholly or partly in the area of the board and which will comprise all or any part of the land.
	If any part of the land will be outside the area of the board, obtain the consent of the council of any county which will comprise any such part of the land.
Any local authority	If any part of the land is within a National Park and also within the area of a National Park joint planning board, obtain the consent of the board (in addition to any necessary consent of a county council).
Any local authority	If all or any part of the land is in a parish, inform the parish council or, in the case of a parish not having a parish council, the chairman of the parish meeting.

(5) Before a county council or National Park joint planning board give any consent so required they shall consult the council of any county district within, or partly within, their area which will comprise all or any part of the land.

(6) A local authority may apply to the Minister on the grounds that a county council or National Park joint planning board have unreasonably withheld any consent so required, and the Minister, after affording to the county council, or the board, an opportunity of making representations, may if he thinks fit direct the county council, or the board, to give the consent to which the application relates.

The county council or board shall comply with any direction given by the Minister under this subsection.

(7) Section 29 of the [1959 c. 53.] Town and Country Planning Act 1959 (protection of persons deriving title under transactions requiring the consent of a Minister) shall apply as if any reference in that section to the consent of a Minister included a reference to a consent of a local authority required under this section.