National Park status changes

The Rural Affairs, Landscape and Biodiversity Minister, Jim Knight, was expected to make his decision in 2006, but the designation process has been delayed due to uncertainties over the interpretation of the National Parks and Access to the Countryside Act 1949.

The uncertainty stems from a recent High Court challenge to a small part of the New forest National Park that potentially changes the way the criteria for National Park status are interpreted, from the way they have been generally understood since the 1950s.

Defra is seeking leave to appeal, and is also seeking to clarify the National Parks legislation through amendments to the Natural Environment and Rural Communities Bill, currently before Parliament. The amendments are intended to clarify the criteria so that they accord with what has been understood for the past fifty years.

We expect the amendments to the Natural Environment and Rural Communities Bill to be considered by Parliament during the next 2-3 months. We expect to hear shortly whether or not we will be granted leave to appeal against the High Court judgment, but do not know how long any appeal (if granted) would take to be heard.

While these issues are being considered by the Court and Parliament, respectively, it will not be possible for the Minister to reach any decisions. Therefore the designation process has been put on hold.

Defra has written to all who provided evidence to the South Downs National Park Public Inquiry and other interested parties to inform them of the situation.

Once the result of Parliament's deliberations and the outcome of any appeal allow it, the designation process will be resumed.

In resuming the designation process, the Minister will consider whether any changes made by either Parliament or legal proceedings mean further representations should be allowed.