Natural England

National Park awaiting confirmation - the South Downs

It made a Designation Order in December 2002 showing the area (see designation maps, 2002) that it believed merited designation as a National Park.

A variation order was also made in 2004 to include land around Arundel. The proposed boundary was considered in detail at the resulting Public Inquiry that ran between 10 November 2003 and 18 March 2005. The Designation Order remains to be confirmed by the Minister, in light of the findings of this Inquiry.

The Inspector has now prepared a report of his findings based on the evidence presented by all participants. In it he makes a number of recommendations. These include areas that he considers should be either included (or excluded) from the proposed National Park (see proposed boundary modifications, 2007).

Within his report the Inspector also proposes a major variation to the Boundary as presented in the South Downs Designation Order 2002.

The Inspector does not identify a precise alternative boundary line to be considered or endorsed by the Minister, but recommends an ‘indicative’ line upon which to base a detailed boundary review.

Natural England has statutory powers and duties relating to designating protected areas, and reviewing boundaries. It was asked by the Minister, therefore, to identify a detailed boundary based on the Inspector’s indicative line.  This work was carried out on the understanding that Natural England, in drawing up the new boundary, reserved the right to continue to promote the original boundary as set out in the designation order.

The Inspector’s proposed variation affects a section of the Northern Boundary broadly between Petersfield and Pulborough. An alternative boundary has been produced to reflect the Inspectors recommendation. This will be subject to further consultation with interested parties and will be considered by the Minister in due course.

What next?

In October 2007, DEFRA announced that the public inquiry on the South Downs National Park would be re-opened in early 2008.

Those who made representations in the recent public consultation have been invited to voice their opinions at the re-opening of the public inquiry which commenced in Worthing on 12th February and is likely to continue until May.

At the South Downs Pre-Inquiry meeting on Tuesday 11 December, the Planning Inspector outlined the scope of the forthcoming re-opening of the South Downs Public Inquiry which commenced on 12th February.

The Inspector confirmed that the Inquiry will focus on the following topics:

Topic 1
Any implications for the Designation Order arising from revised National Parks legislation- amendments to the National Parks and Access to the Countryside Act 1949 made by the Natural Environment and Rural Communities (NERC) Act 2006.

Topic 2
Implications of the Designation Order arising from the Meyrick Judgements in respect of the New Forest National Park.

Topic 3
Representations in respect of the alternative National Park boundary running north from Petersfield and east to Pulborough.

In the first inquiry session, the Inspector agreed to hear new evidence on the Western Weald later on in the inquiry, which was welcomed by Natural England..

Topic 4
Representations in respect of the additional areas that have been recommended for inclusion in any new National Park.

Topic 5
Area of Outstanding Natural Beauty (AONB) status of excluded land.

Topic 6
Western Weald.

Written representations will also be accepted on any other points people want to raise.

Natural England makes it clear that it does not support the Inspector’s alternative boundary line and maintains support for its original 2002 Designation Order boundary and its subsequent Variation Order in 2004 which includes the rolling grassland and sandstone forests of the Western Weald..

There is also widespread public support for a South Downs National Park based on the Designation Order boundary which included both the chalk downland and Western Weald. While the inspector's recommendation to create a South Downs National Park is welcomed, there is huge concern at his recommendation to exclude the Western Weald (including Petersfield, Liss, Midhurst and Petworth). This area is of exceptional quality and while different to the chalk downland has strong associations.

The Inspector’s grounds for excluding the Western Weald are based on differing geology and are not consistent with already designated National Parks such as the Peak District and Lake District which contain more than one landscape character.

Following the public inquiry the Inspector will submit proposals to the Environment Secretary who will make the final decision on the boundary for the South Downs National Park.

More information on the Public Inquiry can be found on the Planning Inspectorate website:

http://www.planning-inspectorate.gov.uk/southdowns/

The designation process

As part of the process of designating the South Downs as a National Park the Countryside Agency, one of Natural England's founding bodies, ran a statutory consultation with all affected local authorities (including town and parish councils) on its proposals from May to August 2001.  This was followed by widespread public consultation which ran from November 2001 through to February 2002.  The Countryside Agency received over 6,500 written responses from interested organisations and individuals.  This gave people an opportunity to comment on the proposed boundary and administrative arrangements for the National Park authority.

On 14 November 2002, the Countryside Agency agreed to make a designation order which was signed in December of that year.  This was placed on deposit for public inspection at all local authority offices and at the Countryside Agency's headquarters in Cheltenham.  The Secretary of State, on the basis of objections and comments received during the consultation on this document, called a public inquiry.  

The public inquiry started on 10 November 2003 and ended in March 2005.  A large number of interested parties appeared at the inquiry, presenting evidence and commenting in detail on the principle, boundary and administrative arrangements for the National Park.  Even more took the opportunity to make their representations to the inspector in writing.  The inquiry also heard representations on the South Downs National Park (Variation) Order 2004 and on two Orders revoking the two existing AONB designations.

The inspector subsequently prepared a report on his findings and submitted it to the Secretary of State for the Environment, who will then make a final decision on whether to confirm the South Downs National Park Designation Order, the Variation Order and the AONB Revocation Orders.  This decision has been delayed by several legal complications which effectively forced a holt to the designation process in November 2005.

Recent developments

On 16 March 2007 Defra announced that work on resolving the matter of the South Downs National Park designation would restart.  Progress has been disrupted by developments in the law relating to National Park designation occuring since the public inquiry ended in March 2005.

A High Court judgement of November 2005 resulted in a small area of land being taken out of the New Forest National Park.  The judgement also changed the basis on which the natural beauty and recreation criteria for designating a National Park are judged.   An appeal by Defra against the judgement was heard in February 2007 and was rejected by the appeal court judges.

In response to this, Parliament introduced two clauses to the Natural Environment and Rural Communities (NERC) Act 2006 which aim to return the interpretation of the statutory designation criteria to the way they were understood previously.  In Natural England's view these new provisions go a long way to neutralising the legal implications of the 2005 court judgement.

Natural England has, at Defra's request, prepared a statement on effects the changed legal background may have on its recommended South Downs National Park boundary.  This statement now forms part of the information issued by Defra for public consultation on 2 July 2007.

In the light of comments and representations received, the Minister decided to re-open the South Downs public inquiry in early 2008.