Outcomes

National Parks for Scotland: Scottish Natural Heritage's Advice to Government

3: How National Parks could Operate

This section sets out SNH's advice on the purposes of National Parks and how they might operate in practice.

The Purposes of National Parks
Criteria for Selecting National Parks
The Functions and Duties of National Parks
The National Park Plan
Treatment of Key Issues in the Park Plan
Implementation of the Park Plan
Wider Policy Considerations

The Purposes of National Parks

3.1 Implicit in the decision to establish National Parks is a recognition of the high quality of the very best of Scotland's natural and cultural heritage. As a nation we value this heritage as part of our national identity, as part of our quality of life and as a national asset which, in turn, is a principal attraction for visitors to Scotland.

3.2 In Scotland, SNH considers that the establishment of National Parks covering extensive areas could now provide an exciting opportunity to manage these natural and cultural heritage interests in ways which enrich their value and provide for their enjoyment by the nation, while meeting the social and economic aspirations of the people who live and work in these areas. The establishment of National Parks therefore provides an important opportunity to give a strong lead to sustainable rural development in ways which maintain in the long term the very special qualities of these areas.

3.3 SNH is therefore of the view that Scotland's National Parks should have a social and economic purpose alongside those for the protection and enhancement of the natural and cultural heritage, and the enjoyment, understanding and sustainable use of its natural resources. An integrated approach to meeting these national and local objectives should aim to reduce conflicts between them. In those infrequent cases when accommodation between these objectives is not possible, the balance of interests should favour the long-term conservation of the natural resources for which the National Park was established.

3.4 This approach was generally supported in the responses to the consultation paper. However, a significant number of responses suggested strengthening the purposes either in favour of the primacy of conservation or of community development. Many people also commented on the specific language used in some of the purposes. In particular, there was some concern over the use of the words 'promote' and 'sustainable use' in the second purpose, and 'promote' and (social and economic) 'development' in the third purpose. Some respondents also argued for words such as ‘conserve’ and ‘enhance’ to replace 'safeguard and enrich biodiversity...' in the first purpose, and for 'recreation' to feature specifically in the fourth. The case for National Parks to promote 'quiet' or 'responsible' enjoyment was also made (particularly in Loch Lomond & the Trossachs).

3.5 Having considered the matter again in the light of these varied responses, from which there emerged no clear consensus, SNH remains of the view that the balance between the four purposes is generally correct, with the emphasis being on pursuing them in an integrated way, which reduces the conflict between them, and which ensures the long-term conservation of the natural resources of the National Park. We therefore propose that the statement of purposes of Scotland's National Parks should be as follows. National Parks in Scotland are areas of outstanding natural heritage of special importance to the nation where management in perpetuity will:

• safeguard and enrich the biodiversity, natural beauty and amenity, the natural systems which support these qualities, and the cultural heritage of the area;
• promote the sustainable use of its natural resources;
• promote the social well-being and economic prosperity of its local communities; and
• provide for and enrich the enjoyment and understanding by the public of its natural and cultural values.

These purposes should be pursued in ways which are mutually supportive. The resolution in the event of any conflict between them shall be guided by a precautionary approach in favour of the long-term conservation of the natural resources.

3.6 We would recommend that some of the key words used in this statement of purposes should be defined as follows:

biodiversity - the variability among plants and animals on land and sea, and the ecological relationships of which they are part.

cultural heritage - the valued elements of the built environment, the historic landscape and the archaeological record; the artistic, literary, and historic associations of place, and the living aspects of traditional culture including language and social institutions.

natural systems - the dynamic processes of earth, wind, water and nature which collectively and continually shape the land and sea and the patterns of landscape and the biological biodiversity associated with them.

sustainable use - the use of natural resources in ways, and at rates, which do not lead to their degradation or long-term decline, thereby maintaining their potential to meet the needs and aspirations of present and future generations.

precautionary approach - the taking of action to prevent an environmental impact before full scientific proof of a possible adverse environmental impact is available.

natural resources - the land, soil and water, and the plants and animals which use them as their living habitat.

3.7 We consider that these proposed purposes will provide National Parks with a modern role which is in keeping with the needs of Scotland.

Criteria for Selecting National Parks

3.8 SNH's proposed approach to the establishment of National Parks, as set out in Section 2, allows for the development of proposals for the establishment of National Parks by both local and national interests. In addition to defining the purposes and elements essential to the operation of National Parks, legislation should define the broad criteria to inform the development of proposals for potential National Parks.

3.9 We propose that the following five criteria should be included in legislation:

• natural heritage importance: the area should be of outstanding importance to the nation for its natural heritage, or for the combination of its natural and cultural heritage.
• coherent identity: the natural resources of the area should have both a distinctive character and a coherent identity.
• support: there should be local and national support for the area to be designated a National Park.
• needs and benefits: the integrated and focused approach to management provided by National Park designation should meet the special needs of the area and provide more benefits than other approaches.
• scale and complexity: the area should be large enough to secure the long-term future of the natural resources and to enable the pursuit of multiple objectives through integrated management.

3.10 We recognise that there are many ways in which the Scottish Parliament could gauge local or national support for a National Park. The use of local referenda was suggested in several of the responses to the consultation. Irrespective of the method adopted, the Scottish Parliament will need to decide whether, taking account of the available information, it is satisfied with the level of support for particular National Park proposals. In cases where local support is apparently limited, the Scottish Parliament could still decide that this lack of support is not sufficient to outweigh the national support in favour. But, as noted in Section 2, SNH is firmly of the view that establishing a National Park without local support is likely to make the contract between national and local interests unworkable.

3.11 While we cannot readily quantify this, we believe from our consultation that there is a significant level of local and national support for the principle of a National Park in Loch Lomond & the Trossachs, and the Cairngorms. However, the final level of support will depend on the detailed legislative proposals which will be put forward at some future date. With this note of caution, we consider that both these areas meet fully the criteria.

The Functions and Duties of National Parks

3.12 Primary legislation will need to define a range of functions and duties which will be common to the operation of all National Parks established in Scotland. In keeping with the purposes, we propose that:

• a National Park Plan setting out and explaining the purposes, objectives and policies for the management of the area is drawn up, published and regularly reviewed through partnership working involving all relevant local and national interests;
• a National Park Body is established to prepare and secure the implementation of the Park Plan and to ensure that local communities within the Park area are involved in the management and governance of the National Park;
• all local authorities and public bodies should be required to ensure that their own plans and operations, as they affect the National Park area, are consistent with the purposes of the National Park, as set out in statute and expanded upon in the National Park Plan;
• in the exceptional circumstances of a conflict between National Park and other national purposes which cannot be resolved through the National Park Plan, the matter is referred to the responsible Minister or the Scottish Parliament for adjudication.

3.13 These proposed functions and duties were strongly supported in the responses to the consultation, subject to further clarification of whether local authorities would have reciprocal referral powers to those proposed for the Park Body. We consider this a sensible measure and would recommend it.

3.14 There were also calls for the further development of SNH's proposals for the involvement of local communities in the management and governance of National Parks, and additional advice is provided in the remainder of this report. However, in proposing a statutory duty on the National Park Body to ensure that local communities within the Park area are involved in its management and governance, we consider that the mechanisms used to deliver this commitment should be devised locally with the full involvement of local communities. To this end, our proposals for the action now required in Loch Lomond & the Trossachs and the Cairngorms include the need for capacity-building among local communities and other interests to allow them to participate effectively in the continued development of the proposals for the powers, structures and area of the Parks.

The National Park Plan

3.15 SNH considers that the development and implementation of a Park Plan is essential for the achievement of National Park purposes. We propose therefore that there should be a statutory duty on the National Park Body to prepare and implement such a Plan and to involve others in this task, including its local communities. Local authorities and other public bodies would be required to ensure that their own plans and operations as they affect the Park area are consistent with the Park Plan. There was strong support expressed for the main elements of this approach.

3.16 Our proposals for the National Park Plan are therefore as follows.

The role of the National Park Plan
3.17 The National Park Plan should set out the overall vision and the specific objectives, policies and programmes of action within the National Park for the conservation, enjoyment, understanding and sustainable use of its natural and cultural resources, and the social well-being and economic prosperity of its communities. Within this framework, it should:

• provide a strong lead to, and integrate the policies of, existing land-use plans, including statutory development plans, and strategies within the Park, including those for agriculture, forestry, sporting management, access, recreation and tourism;
• develop zoning to locate and direct the different management objectives within the National Park area, and to ensure that different objectives do not undermine or conflict with the underlying purposes of National Parks;
• identify ways in which rural development opportunities can be pursued in accordance with other National Park objectives; and
• indicate how its policies may affect areas surrounding the National Park, in order to integrate the management of the National Park with the surrounding area.

The status of the National Park Plan
3.18 The National Park Plan should have a statutory basis in National Park legislation and be subject to approval by the responsible Minister or the Scottish Parliament. Further consideration is needed of how best to provide for a statutory means of public consultation on the National Park Plan, without unduly slowing down its preparation and approval.

3.19 To increase flexibility in the overall planning of the area, the National Park Plan could also be given statutory meaning under other legislation including the Town and Country Planning (Scotland) Act 1997. In general, we do not see it as forming the development plan for an area.

Preparation of the National Park Plan
3.20 The National Park Plan should be prepared in two stages. The first stage would establish the long-term vision, objectives and strategy of the proposed National Park. The second stage would develop this strategy into more detailed zonal policies and programmes of action. All local authorities and other public bodies with functions and responsibilities relevant to the National Park would be required to review their own plans to ensure their alignment with the National Park Plan. Any outstanding differences should be settled by the relevant Minister or by the Scottish Parliament as part of its formal approval of the Park Plan. Following approval, the National Park Plan would be reviewed at regular intervals. An appropriate range of indicators should be used to monitor the effectiveness of the Plan.

3.21 As the preparation of the Park Plan is the key mechanism for drawing all parties together to debate policies and agree their delivery, the process for its preparation is vital to the success of the National Park. Options which should be explored include:

• the use of topic fora to contribute to key strategy areas and advise the National Park Body on specific issues; and
• the use of area-based fora to devise local policy and programmes of action based on the agreed strategy for the National Park.

3.22 Cross-membership between these fora will be essential, both to ensure consistency between strategy development and policy implementation, and to develop trust between local and national interests. Membership of these fora should include local communities (and other interests) adjacent to the Park boundary, or affected by the particular issue which the topic-based forum is addressing.

Relationship with other plans
3.23 It is intended that the Park Plan will set out an overall vision, objectives and strategy for its area to guide existing plans and strategies. At the same time, it will include zonal policies and programmes of action to secure the achievement of Park objectives in a mutually supportive and sustainable way. These zonal policies and programmes of action will need to be sufficiently detailed to influence the quality and broad location of built development and land management practices on the ground, either directly or indirectly through the plans and strategies of other bodies and the activities of those who own and manage the land.

3.24 The content and form of the National Park Plan may therefore vary between National Parks, depending on the powers and priorities of the National Park Body, the involvement of other interests and the coverage of their existing plans. The preparation of the first National Park Plan will draw from existing structure and local plans for the area, and from the other relevant plans and strategies of public sector agencies. Once prepared, the National Park Plan will, in turn, give a strong lead to the future revision of structure and local plans and the relevant policies of other public sector agencies.

3.25 The National Park Plan should not in general seek to replicate the contents of other plans. However, where a National Park Body becomes the local plan authority, the local plan could effectively be subsumed within the zonal policies and programmes of action of the National Park Plan. A similar approach could be developed for other statutory and non-statutory plans, subject to the agreement of the relevant bodies. While the future relationship with Community Plans cannot be clarified at this stage, the proposed purposes and the manner of its preparation should ensure that the National Park Plan becomes an important component of future Community Plans drawn up by local authorities.

Treatment of Key Issues in the Park Plan

3.26 To enable different objectives to be achieved in different parts of a National Park, SNH proposes that zoning should be a key element of the National Park Plan. At its simplest, such an approach could comprise:

• a conservation zone defined to ensure strict protection of the natural assets of landscape and wildlife but allowing for compatible activities, which might include grazing, sporting and recreational use.
• a countryside management zone which is managed in a way compatible with the achievement of the objectives of the conservation zone but which can have a wider range of social and economic land-uses .
• a community development zone containing settlements, economic activity and the services to enable the National Park to operate effectively.

3.27 The way in which zoning is deployed should vary between National Parks in order to recognise the subtle variations in conservation and land-management needs and community aspirations of the area.

3.28 Policies for each zone should be compatible with the objectives of the National Park as whole. They should be complemented by a range of other approaches including strategies for recreation management and interpretation, environmental education, the development and co-ordination of ranger services; and the promotion of high quality in new development and land-use practices.

3.29 Such an approach was broadly supported by the responses to the consultation, although it did not convince those respondents who had outstanding concerns over the establishment of National Parks in terms of increasing visitor numbers, inappropriate development and the creation of visitor 'theme-parks'. We consider that these concerns can be addressed, and we remain of the view that the National Park Plan provides the best mechanism to guide the economic development aspirations for these areas and to provide for, and increase, the enjoyment of visitors in ways which are appropriate to the standards and quality we would expect in a National Park, while at the same time being sensitive to the interests of the people who live and work there.

3.30 The National Park Plan also provides a means to integrate the management of existing designations. While respondents were divided on this issue, on balance SNH believes that most existing designations should remain, with their presence reflected in the zoning of the National Park Plan. However, the need for some national designations could effectively be replaced by the designation of a National Park, with policies for these areas contained instead in the National Park Plan. This is particularly relevant to National Scenic Areas (NSAs) and some NNRs (National Nature Reserves).

Implementation of the Park Plan

3.31 Strong support was expressed for powers to ensure the implementation of the National Park Plan, with most respondents welcoming the proposed duties of the National Park Body. The proposed requirements for land management planning, cross-compliance and reserve powers intruded furthest into private property rights. Although this prompted some sharp rejoinders from some owners and managers of land, this was not a universally held view, and was outnumbered by messages of support from a range of respondents. We consider that these reservations can be largely overcome through the availability of appropriate incentives, and by the National Park Body actively working to foster a good working relationship with land managers. Part of this involves recognising and supporting the valuable role which good land managers already play in sustaining the high quality of these areas, and the public benefits which flow from that. 3.32 We therefore make the following proposals to ensure the implementation of the National Park Plan.

By the National Park Body
3.33 The National Park Body will have the lead role in the preparation and implementation of the National Park Plan. Proposals as to how it might undertake these tasks are set out in Section 4.

By Local Authorities and other Public Bodies
3.34 At the same time, it will clearly be important that all local authorities and public bodies whose operations affect National Park areas contribute actively to the preparation and implementation of the National Park Plan. We propose that this integration of effort should be achieved in various ways, including:

• a statutory requirement on local authorities and other public bodies to ensure that their own plans and operations as they affect the Park area are consistent with the purposes of the National Park, as set out in statute and expanded upon in the National Park Plan;
• a partnership approach set out in formal memoranda of understanding which define the roles and responsibilities of local authorities and other public bodies in the formulation and implementation of policies set out in the National Park Plan; and
• support for these bodies to use their existing powers to put into practice policies set out in the National Park Plan.

3.35 A strong lead from Government will be required to ensure that all its Departments and all the relevant local authorities and public bodies contribute positively to putting into action the National Park Plan.

By Owners, Managers and Users of Land and Water
3.36 To secure high standards of environmental stewardship, we propose that there should be a shared responsibility for care and management of the natural and cultural heritage of National Parks. This shared responsibility should not be confined to owners of land alone but should extend to all individuals and organisations whose personal or corporate decisions have an impact on the National Park.

3.37 However, it is clear that the owners and managers of land have a particularly important role to play in meeting National Park objectives. We propose therefore that they may be required by the National Park Body to prepare and provide to the Park Body whole farm or estate plans for their land showing how the current and future management of their land contributes to Park objectives in crucial areas. Such a requirement would be in line with the current requirements on farmers to prepare plans as part of the Environmentally Sensitive Area Schemes. It would also build on the estate audits currently being trialled with some estates in the Cairngorms.

3.38 The requirement to prepare these plans and carry them out should not be limited by size, but be guided by the strategic importance of the land-holding in terms of the objectives of the National Park Plan. We propose that the requirement to prepare these plans should be linked to access to public funds, so that only when the requirement is fulfilled should access to these funds be granted.

3.39 We believe that many other owners and managers of land within National Parks may also see the benefits to their operations in preparing such plans. To encourage this approach, the National Park Body could provide technical advice and financial assistance to all owners and managers of land who agree to prepare and carry out such plans. As an additional incentive, the preparation and implementation of these plans could provide access to higher levels of agri-environment funding and forestry grants. It could also lead to qualification for, or exemption from, other schemes or duties, such as inheritance tax.

3.40 We are aware that this is a subject on which thinking and policy is currently being developed. The means to implement these measures will therefore need to be further considered in the light of the Government's recent proposals on land reform.

Wider Policy Considerations

3.41 To allow greater scope for local authorities, public bodies and owners and managers of land to contribute to National Park purposes, there is a need to consider which national policies, schemes and initiatives could be specifically tailored to further the aims of National Parks. Policy areas which merit consideration are set out in the following paragraphs. 3.42 There should be encouragement for a more integrated approach to land use policy and implementation in support of the National Park Plan by all the public bodies engaged in supporting or advising on land management, in particular, through:

• the specific targeting of agri-environment schemes under the merged Countryside Premium/Environmentally Sensitive Area approach together with, in future, tailoring the derogated funding elements of the Agenda 2000 proposals to the aims of National Parks;
• ensuring that all operations by Forest Enterprise and by private forest managers both meet fully the UK Forestry Standard and contribute positively to the specific National Park objectives for conservation and enjoyment identified in the National Park Plan; and
• securing the implementation of effective deer management plans.

3.43 More effective powers and incentives are needed to enhance the management of recreational activities on land and water. This is in line with SNH's advice to Government on access which proposed a package of initiatives to modernise arrangements for access, including better-resourced support for the management of open-air recreation and wider powers and duties for local authorities. Consideration should also be given to the need for better control of sight-seeing trips made by helicopters, light aircraft and boats within or affecting National Parks. 3.44 The production of national planning guidance on National Parks will be a necessary part of the advice. This guidance should set out policy on the following topics.

• The operation of the planning system in and adjacent to National Park areas.
• A general presumption against national aspirations for significant new developments in National Parks such as military use, energy developments, transport, and mineral and water abstraction projects. The specific application of this policy should be tailored to the needs of the National Park area in question, or for those parts of the area specifically identified in zonal policies of the National Park Plan. In cases of high national importance, it would ultimately be for the Government to adjudicate on conflicting national purposes.
• The use of Article 4 Directions to change the General Permitted Development Order in order to bring back within the planning system certain classes of development which currently have permitted development rights. Such Directions should be included in relevant local plan policies. While national planning policy should indicate the types of permitted development which could be brought back within the planning system, each National Park should be able to tailor these to meet the needs of its area, or the parts of the area specifically identified in the zonal policies of the National Park Plan.
• The promotion of higher standards of built development which should be sought in National Parks.

3.45 We recommend that Government gives further consideration to the possible form and implications of such proposals.