Transfer of key functions

When land is designated as National Park, certain powers are transferred (by Statutory Order) to the National Park Authority. In particular, the National Park Authority becomes:

  • the local planning authority with responsibility for determining applications for planning permission and listed buildings consent, and preparing the Local Development Scheme (ie. the development plan);4
  • the minerals and waste planning authority with responsibility for preparing the local minerals and waste plans; and
  • the relevant, access and appointing authority with duties regarding open access land and to support a Local Access Forum for the National Park.

Helsington Barrows towards Whinfell and Birkbeck Fells © Natural England & Simon WarnerHelsington Barrows towards Whinfell and Birkbeck Fells © Natural England & Simon Warner

A wide range of other functions are transferred to the National Park Authority, including in relation to ancient monuments, nature reserves, tree preservation orders, recreation facilities, camping and caravan parks, country parks, common land, footpath creation, acquisition of land for recreation and various bylaw making powers. A small number of functions are specific to National Parks, including the duty to prepare maps of moor and heath and to determine applications for agricultural operations on this, if that provision is applied by the Minister.

The existing local authorities for each area remain responsible for all functions that are not transferred, including basic services such as education, health, policing, roads, waste collection and disposal etc. In some areas, responsibilities can be shared or formally delegated, for instance:

  • Rights of way functions are formally delegated to the National Park Authorities by Cumbria County Council, and the three authorities have worked together to produce a county-wide Rights of Way Improvement Plan and Access Strategy (there are currently no National Parks in Lancashire, so no similar arrangements exists, however the Yorkshire Dales National Park Authority has worked closely with Lancashire County Council on access issues).
  • National Park Authorities have statutory traffic regulation powers over unsealed routes (green lanes).

References

4During a period of transition (ie. immediately after the designation of additional land) it is likely that the existing development plan that is specific to an area would continue to apply until it is expressly replaced by a new policy adopted by the National Park Authority. It is likely that generic policies of the National Park will apply immediately.