SCHEDULES
SCHEDULE 17 Functions with Respect to National Parks and the Countryside
C1Part I Discharge of Planning and Countryside Functions in National Parks
Planning Boards and National Park Committees
1
If immediately before the 1st April 1974 there is an existing joint planning board constituted by an order under section 1 of the M1Town and Country Planning Act 1971 for a National Park comprised in two or more existing counties and as from that date the Park will be comprised in two or more new counties, the Secretary of State shall make an order reconstituting the existing board for discharging the functions to which this Part of this Schedule applies and F1section 2 of the Town and Country Planning Act 1990 shall apply to a joint board so reconstituted and the order reconstituting it as it applies to a joint board constituted under that section and the order constituting it and shall so apply as if the area of the Park were a united district.
2
An order under the said section 1 constituting a new joint board for a united district consisting of the whole or part of a National Park F2in England and comprised in two or more new counties may confer on the board, in addition to the functions of a county planning authority under F3the Town and Country Planning Act 1990 and the Planning (Listed Buildings and Conservation Areas) Act 1990, any other functions to which this Part of this Schedule applies.
3
If immediately before 1st April 1974 there is an existing joint planning board for a National Park comprised in two or more existing counties and on that date the Park will be wholly comprised in one new county, the Secretary of State shall by order reconstitute that board as a special planning board to discharge the functions to which this Part of this Schedule applies as respects the area of the Park, and any enactment relating to joint boards constituted by an order under F4section 2 of the Town and Country Planning Act 1990 shall apply to a special planning board reconstituted under this Part of this Schedule and to the order reconstituting it as it applies to a joint planning board constituted under that section and to the order constituting it and shall so apply as if the area of the Park were a united district, but with the substitution of references to the council of a new county for any references to the constituent authorities.
F53A
1
Where a National Park is wholly comprised in one planning area in Wales, the Secretary of State may by order constitute a special planning board to discharge, as respects the area of the Park, the functions to which this Part of this Schedule applies.
2
Any enactment relating to joint planning boards constituted by an order under section 2 of the M2Town and Country Planning Act 1990 shall apply in relation to a special planning board constituted under this paragraph as it applies in relation to a joint planning board constituted under subsection (1B) of that section, but as if—
a
the area of the National Park were a united district; and
b
any reference (however expressed) to the constituent councils of the joint board (or which is to be construed as such a reference) were a reference to the council of the principal area in question.
F63B
A board reconstituted under paragraph 3 above or constituted under paragraph 3A above shall be known as “a special planning board”.
4
The Secretary of State may by an order under paragraph F7 1, 3 or 3A above, or by an order under the said F8section 2 relating to a united district consisting of the whole or part of a National Park, or by an order under this paragraph, confer on a joint or special planning board for a National Park or any part of a National Park any of the additional countryside functions as respects the Park or, as the case may be, any part of it.
F95
For every National Park for which there is no joint planning board or special planning board the council or councils of the F10planning areas in which the Park is comprised shall make arrangements for the discharge of the following functions of theirs as respects the Park by a separate committee to be known as a National Park Committee, that is to say—
a
their functions to which this Part of this Schedule applies except those mentioned in paragraph 6 below; and
b
their functions as local authority under the 1949 Act and the 1968 Act.
6
The functions of a council or councils excepted from the requirement imposed by paragraph 5 above are—
a
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
c
their functions under Part III and, so far as relating to planning control under Part III, F14Part VII of that Act with respect to the carrying out of any operations in, on, over or under land, or any use of land, partly situated in the National Park and partly in some other area, where those functions so far as relating to any such operations or use are exercisable by the local planning authority for that other area.
7
The validity of anything done or purporting to have been done by a National Park Committee in pursuance of arrangements made by virtue of paragraph 5 above shall not be called in question in any legal proceedings, or in any proceedings under F15the Town and Country Planning Act 1990 which are not legal proceedings, on the ground that it ought to have been done by the authority or one of the authorities by whom the arrangements were made.
8
The National Park Committee for a Park comprised in two or more F16planning areas shall be appointed by the council of such of F17those areas as may be agreed between the councils of those counties or, in default of agreement, jointly by both or all those councils, and, where it is appointed by one of those councils, the expenses incurred by the Committee shall be defrayed by both or all those councils in such proportions as they may agree or as in default of agreement may be determined by the Secretary of State.
9
A National Park Committee may arrange with a district planning authority whose area comprises any part of the Park for the authority to discharge as respects a part of the Park within their area such of the functions exercisable by the Committee by virtue of paragraph 5 above as may be agreed between the Committee and the Countryside Commission or as in default of agreement may be determined by the Secretary of State.
10
Where a joint planning board, special planning board or National Park Committee is required to be established by being reconstituted or appointed under this Part of this Schedule for any area being or comprised in a National Park, the requirement shall be deemed to be complied with in any case approved by the Secretary of State after consultation with the Countryside Commission if the board or Committee is established for that area together with other land.
11
Not less than one third F18(to the nearest whole number) of the members of a joint planning board, special planning board or National Park Committee established for an area being or comprising the whole or any part of a National Park shall be persons appointed by the Secretary of State after consultation with the Countryside Commission:
Provided that if in any particular case the Secretary of State, with the agreement of the Commission, so determines, this paragraph shall have effect as if for the words “one third” there were substituted the words “one quarter”.
12
The persons appointed in pursuance of paragraph 11 above shall hold office for such period not being less than one year nor more than three years as the Secretary of State may, after consultation with the Countryside Commission, determine and shall be eligible for reappointment.
F19C212A
1
The members of a joint planning board, special planning board or National Park Committee established for an area being or comprising the whole or any part of a National Park shall include members (in this paragraph referred to as “district council members”) who are appointed by F20councils of non-metropolitan districts which comprise any part of that Park (in this paragraph referred to as “relevant district councils”).
2
The number of district council members of such a board or Committee shall be equal to—
a
the number of relevant district councils; or
b
one seventh (to the nearest whole number) of the members of the board or Committee,
whichever is the less; and for the purposes of this sub-paragraph any casual vacancy in the membership of the board or Committee shall be disregarded.
3
The district council members shall be appointed by such of the relevant district councils as may be agreed between those councils or as in default of agreement may be determined by the Secretary of State.
4
The district council members shall hold office for a period of one year and shall be eligible for reappointment; and section 102(5) above shall apply in relation to a district council member appointed under this paragraph as it applies in relation to a member of a committee appointed under that section.
13
Section 101 above shall, in its application to the discharge as respects a National Park of any functions to which this Part of this Schedule applies and any additional countryside functions, have effect subject to the following modifications:—
a
a local planning authority shall not make arrangements for the discharge of any such functions as respects a National Park or land in a National Park by some other local authority without consulting the Countryside Commission;
b
section 101 shall not authorise a F21county or metropolitan district council to make arrangements for the discharge of any functions which by virtue of paragraph 5 above are required to be discharged by a National Park Committee except in accordance with that paragraph;
c
section 101(4) shall not apply in relation to arrangements made by the F21county or metropolitan district council by virtue of paragraph 5 for the discharge of any functions by a National Park Committee.
14
In the case of a National Park Committee for a National Park wholly comprised in F22one planning area the members of the Committee shall (F23subject to paragraphs 11 and 12A above) be appointed by, and the majority of those members shall be members of, the council of F24the area, and in the case of a National Park Committee for a National Park comprised in F25two or more planning areas the members of the Committee shall (subject as aforesaid) be appointed by such of the councils of F25those areas as may be agreed between those councils or as in default of agreement may be determined by the Secretary of State and a majority of the members of the Committee shall be members of those councils, and—
a
so much of section 102(3) above as regulates the proportion of members of a committee shall not apply to a National Park Committee; and
b
section 102(5) shall apply to a member of a National Park Committee appointed under this paragraph as being a member of a F26county or metropolitan district council as it applies in relation to a member of a committee appointed under that section who was at the time of his appointment a member of the appointing authority or one of the appointing authorities.
Sch. 17 Pt. I extended by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 72(10)