AC-2024-MAN-000347 - [2025] EWHC 2630 (Admin)

National Parks are extensive tracts of country in England which have been designated in accordance with section 5 of the 1949 Act in recognition of their natural beauty and the opportunities which they afford for open-air recreation, having regard to their character and to their position in relation to centres of population. Section 5 of the 1949 Act states –

“5(1) The provisions of this Part of this Act shall have effect for the purpose -

(a)

of conserving and enhancing the natural beauty, wildlife and cultural heritage of the areas specified in the next following subsection; and

(b)

of promoting opportunities for the understanding and enjoyment of the special qualities of those areas by the public.

(2)

The said areas are those extensive tracts of country in England ... as to which it appears to Natural England that by reason of -

(a)

their natural beauty, and

(b)

the opportunities they afford for open-air recreation, having regard both to their character and to their position in relation to centres of population,

it is especially desirable that the necessary measures shall be taken for the purposes mentioned in the last foregoing subsection.

(3)

The said areas, as for the time being designated by order made by Natural England and submitted to and confirmed by the Minister, shall be as known as, and are hereinafter referred to as, National Parks”.

Section 11A of the 1949 Act imposes duties in relation to the purposes for which National Parks are designated, as specified in section 5(1) of that Act. Sub-sections 11A(1) and (1A) state -

“11A(1) A National Park authority, in pursuing in relation to the National Park the purposes specified in subsection (1) of section five of this Act, shall seek to foster the economic and social well-being of local communities within the National Park … and shall for that purpose cooperate with local authorities and public bodies whose functions include the promotion of economic or social development within the area of the National Park.

(1A) In exercising or performing any functions in relation to, or so as to affect, land in any National Park in England, a relevant authority other than a devolved Welsh authority must seek to further the purposes specified in section 5(1) and if it appears that there is a conflict between those purposes, must attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area comprised in the National Park”.

As a National Park Authority, the Defendant is a “relevant authority” for the purposes of sub-section 11A(1A) of the 1949 Act: see sub-sections 11A(3) and (4) of the Act. In determining the Interested Party's planning application for the development, the Defendant was performing a function in relation to and so as to affect land in a National Park in England and so subject to the duty imposed by section 11A(1A) of the 1949 Act.