Agenda item 12

SUSSEX DOWNS CONSERVATION BOARD Agenda Item No.12

12^TH OCTOBER 2001

REPORT ON THE DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA) REVIEW OF NATIONAL PARKS

REPORT BY THE SUSSEX DOWNS OFFICER

1.0 Purpose of report

1.1 To advise the Committee of the National Parks and Broads Authority Review being undertaken by the Department for the Environment and Rural Affairs (DEFRA) on which the Board has been invited to respond.

2.0 Background

2.1 Government Departments regularly review their sponsored bodies and the framework within which they operate. The main objective of the review is to make recommendations to DEFRA Ministers on any improvements that could usefully be made to the working of National Park Authorities, the framework within which they operate and their relationships with partners and other stakeholders. In the light of the results, Ministers may decide to make changes to National Parks’ policy and operations.

2.2 The review examines present arrangements for the existing National Park Authorities. It will not extend to consideration of any possible new Park Authorities. The Department has made it clear that the correct place to express views about the specific arrangements for the South Downs is through the consultation process being organised by the Countryside Agency.

2.3 The primary focus of the review is on strategic powers and constraints which have an impact on the authorities and it concentrates on four main themes, Policy, Governance, Sponsorship, Resources. The terms of reference for the review are set out in the appendix. Comments on the four themes are outlined below.

3.0 Policy

The functions of the National Park Authorities as set out in the legislation (Environment Act 1995) are well focused and do not need to be drawn more widely.

Purpose of National Park Authority

Conserving and enhancing the natural beauty, wildlife and cultural heritage of the areas.
Promoting opportunities for the understanding and enjoyment of the special qualities of those areas by the public.

Duty on National Park Authority

To foster the economic and social well being of local communities within the National Park, but without incurring significant expenditure.

However, there is a need to review the role that the NPAs could play in the delivery of socio- economic objectives within the National Parks in partnership with the lead agencies. For example, they could play a greater role in delivering agri — environmental objectives, including advice and grants.
The National Park Authorities’ culture and relationships with other agencies is a major area which the review should consider. There is a need for a more coherent approach to the development and delivery of public policy within National Parks as they relate to National Park purposes. At present the legislation identifies the National Park Plan as a document relating only to the role of the National Park Authority. This role is too insular an approach. The role of the National Park Management Plan needs to be redefined as a document outlining public policy, as it relates to National Park purposes, within the National Park, and the NPA should play the lead role in co-ordinating the development of the Plan. With such a policy framework in place there is a greater opportunity for a range of strategic alliances / partnerships between agencies to deliver the Plan which should ensure the more effective use of resources. Implicit in this approach is the principal that the NPA is not itself funding or delivering all the work to achieve National Park purposes. However, it would have a clear overview and will need to have a clear role in auditing the Plan’s delivery.

3.4 The relationship between emerging Community Plans and Local Transport Plans, and the National Park Authority’s Management Plan needs clarification. The emphasis must be on partnership and joint working but some guidance is required.

3.5 National Parks should be first stop shops (not one-stop shops) for the delivery of environmental and land management advice. National Parks, because of their close working with local landowners and communities, are often the first port of call to offer a range of environmental and land management advice. Where appropriate this is followed up with more specialist advice, but National Parks need not employ or deliver all the specialist services. There are opportunities to explore a range of working relationships with other agencies such as the Forestry Commission, English Nature and DEFRA. However, the extent to which this arrangement can operate effectively is dependent on having an agreed public policy framework with different agencies agreed on a common objective.

3.6 The responsibility of public bodies and statutory undertakers to "have regard to the purposes" of National Park designation, which is already a statutory duty under section 62 of the 1995 Environment Act, needs to be reinforced. The NPAs should be given a clear role in auditing this activity.

Governance

Under the current constitution, local authorities appoint one half plus one of the members of the National Park Authority. The Secretary of State appoints the remainder, of which one half minus one are parish representatives nominated through the local democratic process to represent the parish interests. The rest are drawn from relevant interest groups following a separate selection procedure organised by the Secretary of State. This is considered to be the most practical option as modifying the distribution of local and national nominations would raise greater problems.

4.2 There is a however a view that the present authorities are too large for executive decision making and that consideration should be given to establishing executive structures.

4.3 The procedure for appointing Parish Council members should be consistent across all the Parks and should be based on a review of best practice.

4.4 At present, it appears that the Secretary of State sends a letter of appointment to members advising them of their obligations to National Park purposes. It would be sensible to ensure that all members receive the same information.

4.5 A mandatory training programme, including an induction course for new members and ongoing training for existing members in planning, countryside management, rural social and economic issues, should be in place for all National Parks.

4.6 National Park Authorities should be in a position to appoint, where and when appropriate, an independent chairman. This additional and optional arrangement would be helpful in circumstances where the Authority is faced with a difficult process of change.

5.0 Sponsorship

5.1 The relationship between the Department for Environment, Food and Rural Affairs, which is responsible for policy and funding the NPAs, and the Department for Transport, Local Government and the Regions, which is responsible for planning and regional development, needs to be clear and consistent.

6.0 Resources

Funding for National Park Authorities is notional at 100%. 75% comes directly in the form of a National Park Grant and the remaining 25% through the revenue support grant to local authorities. There appears to be considerable evidence that funding for National Park Authorities is not adequate. The review should re-emphasise this point to government and recommend that there should be:

An adequate budget to deal with core funding of NPAs to achieve National Park purposes. The search for external funding must focus on additional added value work.
A review of funding of NPAs based on performance and need in order to achieve their statutory purpose, as the current funding formula does not appear to be a helpful mechanism.
Funding based around 5-year business plans and funding strategies and not annual bids.
A clear audit of public expenditure within the National Park, the focusing, co-ordination and expenditure of which might be improved through a more coherent policy framework and action plan provided by the National Park Management.

7.0 RECOMMENDATION

7.1 That the report be received and the Sussex Downs Officer be asked to report the Board’s views to DEFRA as part of their National Park review.

MARTIN BEATON

Sussex Downs Officer

Appendix 1

NATIONAL PARK AUTHORITIES AND BROADS AUTHORITY REVIEW

Objective

To make recommendations to DEFRA Ministers on any improvements that could usefully be made to the workings of the National Park Authorities and the Broads Authority, the framework within which they operate and their relationships with partners and other stakeholders.

Terms of Reference

To examine the role and principal functions of the English National Park Authorities and the Broads Authority, the key tasks undertaken to perform them, and the structure of the authorities.

The Review will assess the following issues:

Policy

the role of the National Park Authorities and the Broads Authority as set out in the legislation including the Environment Act 1995, the Norfolk and Suffolk Broads Act 1988 and the Countryside and Rights of Way Act 2000, and the extent to which they are able to deliver Government policies;

functions of the Authorities;

the Authorities' organisation, culture and relationship with other organisations including: Government departments, statutory agencies, local authorities, other public bodies, voluntary organisations, business organisations and also their role in the regional agenda;

the Authorities’ planning and development control arrangements, and their role in terms of sustainable development and the achievement of National Park objectives;

the role of National Park Authorities and the Broads Authority as models for the sustainable management of the wider countryside.

Governance

the structure of the Authorities and their accountability;

the selection, appointment, training and performance of all members.

3. Sponsorship

the current role of DEFRA's Countryside Division, other Government departments, and the Countryside Agency.

Resources

sources and levels of funding;

the application of the funding formula for National Park Grants.

The Review will take a strategic view of the role, purposes, functions and overall sponsorship of the Authorities. It will not look in detail at issues covered by Best Value reviews. The primary focus will be on Authorities’ strategic powers and constraints, rather than on their internal administration and management.

The Review will make recommendations to DEFRA Ministers, who, in the light of the conclusions, may decide to issue further guidance on National Parks policy and operations.

Notes

1. National Park purposes under the Environment Act 1995 Act are to: conserve and enhance the natural beauty, wildlife and cultural heritage of the Parks; and, to promote opportunities for the understanding and enjoyment of the special qualities of the Parks by the public. In pursuing these purposes, the National Park Authorities also have a duty to seek to foster the economic and social well-being of their local communities, but without incurring significant expenditure in doing so. Under the Norfolk and Suffolk Broads Act 1988 it is the duty of the Broads Authority to manage the Broads for the purposes of conserving and enhancing their natural beauty, for promoting their enjoyment by the public, and protecting the interests of navigation.

2. The core functions of the National Park Authorities and the Broads Authority are as follows:

- conservation of the natural environment

- conservation of cultural heritage

- recreation management

- promoting understanding: information, interpretation and education

- traffic and transport

- rangers, estate services and volunteers

- development control

- forward planning

- corporate and democratic core

- training and staff development

- protecting interests of navigation (Broads only).