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Landscape Protection

National Parks

Introduction

National Parks are extensive tracts of the countryside that have been given strong protection under legislation and the planning system for the conservation and enhancement of their special qualities. English Parks are designated under the National Parks and Access to the Countryside Act 1949 by the Countryside Agency (now Natural England) in recognition of their natural beauty and opportunities for open-air recreation. They are created when the Secretary of State confirms the designations.

Welsh and Scottish Parks are the responsibility of the devolved National Assembly for Wales and Scottish Executive.

There are currently eight National Parks in England, which together with the Broads, cover around 8% of the English landscape:

[These links are external to Defra and will open in a new window. NB. This list includes the National Parks Authorities]

A new National Park is currently being considered for the South Downs.

Each Park is managed by a National Park Authority that was established under the Environment Act 1995. 

The vast majority of land in English National Parks and the Norfolk and Suffolk Broads is under private ownership but some is owned and managed by public bodies such as the Forestry Commission, the National Park Authorities, and English Nature. In addition, voluntary bodies such as the National Trust own and manage some areas. Ownership of these areas in National Parks remains unchanged as a result of designation.

* The Broads is not a national park designation. A special purpose authority, known as the Broads Authority, was established and given powers under the Norfolk and Suffolk Broads Act 1988 to manage this area. The Act gave the Authority powers similar to that of the other Authorities but also gave it a specific function and powers in relation to navigation. The Broads Authority began operating on 1 April 1989.

Purpose of National Parks

The two statutory purposes of the National Parks' designation are:

  • (a) To conserve and enhance the natural beauty, wildlife and cultural heritage of their areas; and
  • (b) To promote opportunities for the public understanding and enjoyment of the special qualities of their areas.
If there is a conflict between the two, conservation takes precedence (the "Sandford" principle). In carrying out these two main responsibilities, the National Park Authority has a duty to seek to foster the social and economic well-being of local communities. Authorities are expected to co-operate with other organisations to fulfil this requirement.
Purpose of the Broads Authority

The Broads Authority shares those two purposes and in addition must protect the interests of navigation.

No purpose takes precedence. And in discharging its functions the Broads Authority shall also have regard to:

  • (a) the national importance of the Broads as an area of natural beauty and one which affords opportunities for open air recreation;
  • (b) the desirability of protecting the natural resources of the Broads from damage; and
  • (c) the needs of agriculture and forestry and the economic and social interests of those who live or work in the Broads.
New Forest and the Meyrick Judgment

Following the creation of the New Forest National Park on 1 March 2005, there was a six-week period during which High Court challenges could be made on the grounds that the designation process had not been carried out in accordance with the legislation. Defra received two High Court challenges:

  1. RWE NPower Plc to the whole designation and to the inclusion of Fawley power station;
  2. Meyrick Estate Management Ltd to the inclusion of Hinton Admiral Park in the south-west corner of the Park.

Defra defended the Meyrick challenge on 24 October 2005. The judgment, delivered on 3 November 2005, quashed the New Forest National Park Designation (Confirmation) Order 2005 only in so far as it affects land at Hinton Admiral Park .

This Judgment potentially change d the way in which the National Park designation criteria have generally been understood since the first Parks were designated in the 1950s. As a result Defra took two actions to counter the Judgment, the intention being to return the application of the criteria to that previously understood.

Defra has decided not to pursue the Appeal further and has accepted that the land at Hinton Admiral will fall outside the New Forest National Park. The boundary of the National Park will be revised in accordance with the map presented by Meyrick Estate Management Ltd , which the Court appended to its Judgment.

Integrated Transport Measures in National Parks

Defra, the Department for Transport and the Welsh Assembly Government have published a report on integrated transport measures in national parks:

Contacts

Sponsorship, Landscape & Recreation Division
Zone 1/03
Temple Quay House
2 The Square
Temple Quay
Bristol BS1 6EB
Email: nationalparks.aonbs@defra.gsi.gov.uk

For general queries about the National Parks please contact:
Tel: 18002 0117 372 8234 (via typetalk) or 0117 372 8033

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Page last modified: 27 February 2007
Page published: 5 February 2003

Department for Environment, Food and Rural Affairs