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

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, but without incurring significant expenditure in doing so, 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—

  1. a

     any local authority, joint board or joint committee;

  2. b

     any National Park authority;

• “public office” means—

  1. a

     an office under Her Majesty;

  2. b

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

  3. 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 M2Local Government Act 1972, or a joint planning board within the Emeaning of section 2 of the M3Town and Country Planning Act 1990;

b

a joint committee appointed under section 102(1)(b) of the M4Local 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, district council or community council.