Ministerial Proposal

The National Park Proposal by the Scottish Executive - Loch Lomond and the Trossachs national park

Introduction

1. Under The National Parks (Scotland) Act, an individual National Park (and its associated National Park authority) may be established by means of a designation order approved by the Scottish Parliament. The Act sets out powers, functions and duties for all National Park authorities, but leaves a number of issues – notably Park boundaries, details of composition of the authority, and functions including those in respect of Town and Country Planning – to be specified in the designation order.
   
2. The Act also sets out the process of consultation which must precede the making of such a designation order. That starts with the publication of, and consultation on, a proposal for a National Park, covering the matters to be included in the eventual designation order setting up that Park.
   
3. This document is the National Park proposal for a National Park in Loch Lomond and the Trossachs.
   

   Legislative Background

4. This proposal is issued under section 2(1) of The National Parks (Scotland) Act 2000.
   
5. If Ministers are satisfied that the conditions in section 2(2) of that Act are, or may be, satisfied, they may under section 2(1) issue a National Park proposal. The conditions are:

   (a) that the area is of outstanding national importance because of its natural heritage or the combination of its natural and cultural heritage;

   (b) that the area has a distinctive character and a coherent identity; and

   (c) that designating the area as a National Park would meet the special needs of the area, and would be the best means of ensuring that the National Park aims set out at section 1 of the Act are collectively achieved in relation to the area in a co-ordinated way.

6. The proposal must propose the designation of an area as a National Park, and the establishment of a National Park authority to exercise in relation to that Park, the functions conferred on it by the Act. The proposal must be in writing and must set out (in general terms):

   (a) the area which it is proposed should be designated as a National Park;

   (b) the functions which it is proposed the National Park authority should exercise.

   Meeting the Conditions

7. Advice was given to the Government by Scottish Natural Heritage in February 1999 in relation to the appropriateness and suitability of the establishment of a National Park in the general area of Loch Lomond and the Trossachs. Having regard to that advice, the Scottish Ministers are satisfied that the conditions in section 2(2) of the Act are or will be met in relation to the general area of Loch Lomond and the Trossachs.

   
   Proposal

8. Area: The general area proposed for consideration under section 2 of the Act is the indicative area set out in the SNH advice to Government of 1999. However, the consideration of the optimal area for the National Park will need to take account, as required by the Act, of the conditions in section 2(2), which include distinctive character and coherent identity, as well as meeting the special needs of the area. The Scottish Ministers will wish to ensure that the overall size of the designated area, as well as its precise location, is commensurate with effective and efficient administration by the Park authority of its functions and delivery of its purpose. The case for inclusion of the Argyll Forest Park should be addressed, following the debate in the Scottish Parliament on 29 March.
   
9. Planning Functions: The National Parks (Scotland) Act 2000 sets out certain functions (namely duties and powers) which all National Parks will exercise. However, section 10 provides for the exercise of powers under the Town and Country Planning (Scotland) Act 1997 to be decided for each Park individually, and specified in the relevant designation order. Paragraph 10 of this proposal therefore addresses the question of the planning functions within the proposed National park.
   
10. On the basis of SNH’s advice to Government in February 1999, the proposed planning arrangements are as follows:

    - the function of structure plan preparation should remain with local authorities, and the National Park authority should be a statutory consultee on structure plan preparation;

    - the National Park authority should take on the function of planning authority in relation to preparation of one or more local plans (but with local authorities as statutory consultees)

    - the National Park authority should take on the function of planning authority in relation to development control (but with local authorities to be statutory consultees);

    - the National Park authority should take on the other functions which are generally exercised by the planning authority:

    - TPOs (Tree Preservation Orders)
    - enforcement
    - administering conservation area and listed building consent
    - administering advertisement consent
    - administering minerals consent
    - applying controls relating to hazardous substances

    As statutory consultees, the NPA or the local authority, whoever it may be, will be able to influence the outcome of planning decisions. In respect of structure plans, the NPA will be able to make representations direct to the Scottish Ministers following submission of the draft plan to the Scottish Ministers for their approval by the planning authority. On local plans, if a local authority maintains an objection this will trigger a local plan inquiry and subsequently submission of the plan to the Scottish Ministers for determination as to whether the planning authority (i.e. the NPA) can adopt it. On development control, they will not only be able to object to any planning applications but in specified cases the planning authority will be obliged to notify the Scottish Ministers if they were minded to give planning permission despite the objections of the local authority, or without any conditions sought by the local authority, so that they can decide whether or not to call-in the application for their determination.

11. As a related matter, democratic accountability for planning decisions needs to be addressed. It is proposed that the designation order should specify that decisions on planning matters should be taken by a planning committee of the NPA, which should have a majority of elected members (i.e. local authority councillors or elected NPA members), but views on alternative arrangements will be considered.
    
12. Views are sought on this proposed option, the types of cases that should be notified to Scottish Ministers by the National Park Authority acting as the planning authority, and the need for the planning committee of the National Park Authority to have a majority of elected members,
    
13. However, although this is the Executive’s proposal, and must be consulted upon, views should be sought on alternative arrangements. In particular, the Executive would be interested to know whether there is merit in, and support for, (a) the development control function remaining with local authorities, (b) the "other" functions listed above remaining with local authorities.
    
14. Authority membership: There has been a general understanding that authorities will have the maximum permitted number of members (25), with the minimum permitted number of directly elected members (5). These figures would allow maximum flexibility for appointments to cover the need to identify both local members and representatives of particular interest groups.
    
15. However, although this is the Executive’s proposal, and must be consulted upon, the Executive would be interested to know the views of consultees on whether the proposed ratio of elected to appointed members is appropriate.
    
16. Other Functions: As mentioned above, the functions which all National Park authorities will exercise are set out in the National Parks (Scotland) Act 2000, and are not the subject of this proposal.
    
17. However, one additional function which it is proposed should be specified in the designation order, is the transfer to the National Park authority of responsibility for Loch Lomond Park byelaws and their implementation/ enforcement by Rangers.
    
18. The Scottish Executive has no other proposals for powers or functions which should be included in the designation order; however suggestions made during the consultation on this proposal for further functions to be conferred on the National Park authority, will be considered carefully.

THE SCOTTISH EXECUTIVE - SEPTEMBER 2000

THE REQUIREMENT

REQUIREMENT UNDER SECTION 3(1) OF THE NATIONAL PARKS (SCOTLAND) ACT 2000
PROPOSED NATIONAL PARK IN LOCH LOMOND & THE TROSSACHS

Introduction

1. As part of the process preliminary to the establishment of a National Park under the National Parks (Scotland) Act 2000, the Scottish Ministers must publish a National Park proposal. Such a proposal in relation to the area of Loch Lomond and the Trossachs was published on 9 September 2000, a copy of which is annexed to this document. Following this publication, the Scottish Ministers may undertake a process of consultation themselves (under section 4 of that Act), in which case they must publish a statement at the conclusion of the consultation. Alternatively, they may require an appropriate public body to undertake a process of consideration of, or consultation on the proposal (under section 3 of that Act), and report to them on this. The report required under section 3 it to be published and laid before the Scottish Parliament.
   
2. The Scottish Ministers have decided, in relation to the National Park proposal for the Loch Lomond and Trossachs area, to proceed under section 3 of that Act and that the appropriate body to act as a reporter for this purposes is Scottish Natural Heritage (SNH). This document therefore constitutes a requirement on Scottish Natural Heritage to undertake the obligations set out in section 3(1) of that Act.

   Legislative Background

3. Section 3(1) empowers Scottish Ministers to require the person on whom the requirement is imposed to consider and report to them on a National Park proposal, by a specified date, on the following matters:

1. The area which it is proposed should be designated as a National Park;
2. The desirability of designating the area in question (with or without modifications) as a National Park;
3. The functions which it is proposed the National Park authority for the Park should exercise;
4. The likely annual costs and capital expenses of the authority in exercising its functions;
5. Such other matters relating to the proposal as the requirement may specify.

4. The Scottish Ministers are required to send a copy of the proposal and requirement to the reporter, who must then comply with the process set out in section 3(5), 3(8) and 3(9). Under section 3(6) Scottish Ministers may give the reporter directions as to how the consultation under 3(5)(d) is to be carried out (these provisions were added during Parliament’s consideration of the Bill, specifically in response to concerns that the consultation should be fully participatory, and that copies of the consultation document should be sent to all community councils).

   
   Requirement

5. In terms of section 3 of the Act, SNH are by virtue of this requirement required to report on all of the matters set out at section 3(2)(a) to (e) of the Act. In supplement to the matter at section 3(2)(d), SNH are required to reconsider the figures on costs included in their published advice to the Government of 1999, in light of the provisions of the Act, and the proposed boundaries and functions.

A) In relation to section 3(2)(e), SNH are required to consider the following matters:

• The name of the National Park
• An analysis of the balance of opinion on the matters considered, including specific reference to the views expressed by bodies and agencies representative of interests which fall outside SNH’s main remit.
• Who the major stakeholders and interest groups are (a point that was raised during the passage of the Bill).
• Appointments and Elections to Park Authorities:

1. Size of National Park authority;
2. Number of elected members;
3. Date of election: it is difficult to be precise at this stage, but the date must give sufficient time after the approval of the designation order to allow prospective elected members to decide whether to stand for election and also ensure that elected members will be identified no later than appointed members. A decision will be taken when the designation order is drafted, and other timings are clearer. However, any views of consultees on when the election should be held relative to other events – namely the approval of the designation order, and the establishment of the Park authority – will be helpful to this decision, and should be recorded.
4. Number of appointed members (the difference between (a) and (b));
5. Number of members to be appointed on the nomination of each relevant local authority: this will depend upon the boundaries of the Park, and the basis on which each local authority "share" is determined.
6. Number of "local" members: The numbers to be included in the members nominated by each relevant local authority will depend upon the conclusions to (e).
7. Particular expertise/experience/interests represented of directly appointed members (as set out in schedule 1, paragraph 6(2)).

Note on Elections/Appointments: The context of these electoral/appointment matters is provided by the Act which sets out the constitution of National Park authorities as follows:

- authority to be maximum of 25 members (actual number to be specified in the designation order);

- a minimum of one fifth of members (number to be specified in designation order) to be elected in special elections for the National Park authority. (Election arrangements will be determined by an Election Order);

- the remainder to be appointed by Scottish Ministers, but half will be appointed on the nomination of local authorities. Of these appointed members, a number equal to no less than one fifth of the total membership, must be "local" members as defined in the Act. The designation order must specify how many members are to be nominated by each relevant local authority, and how many of these are to be "local". (The remaining members will be subject to direct appointment by Scottish Ministers.)

- All appointees must have knowledge or experience relevant to the functions of the National Park authority or National Park. However, in respect of members directly appointed by Scottish Ministers, the designation order can specify particular knowledge or experience, or particular interests, which appointees (or some appointees) must have or represent.

The processes governing the election of members or appointment of members are not (with the exceptions, set out above) the subject of consultation. The election process will be the subject of an election Order, which will be drawn up and consulted on separately, before consideration by the Scottish Parliament in summer 2001. Appointments will be subject to the usual requirements of openness and transparency, and as required by the Act, Scottish Ministers will consult (i.e. advertise the posts, and seek expressions of interest) before making any direct appointments.

The proposed elements of those appointment/election matters which are to be specified in the designation order, and on which the Reporter should consult, are as set out above in (a) to (g).

B) In terms of section 3(1) of the Act, the report is required to be submitted to the Scottish Ministers in writing by 19 March 2001.

Directions

1. In connection with the requirement that Scottish Natural Heritage (SNH) act as reporter, the following directions are issued to SNH under section 3(6) of the National Parks (Scotland) Act 2000, as to how the consultation must be carried out.
   
2. SNH are reminded of the duties imposed upon them, as reporter, by the relevant sections of the Act. Section 3(5) requires SNH, upon receipt of the attached proposal, to send a copy of it, together with a copy of this requirement, to every local authority any part of whose area is within the area to which the proposal relates. Those local authorities are then required to make copies of both documents available for public inspection for the duration of the consultation. The dates are to be specified by SNH, but the period for consultation must be a minimum of 12 weeks.
   
3. SNH must also publicise the proposal in such a manner as they think fit. In the context of the other provisions of the Act, SNH must take all reasonable steps to ensure that those likely to have a legitimate interest in the proposal, and especially those living, working, or carrying on business within the proposed area are aware that the consultation is taking place. The use of local newspapers, Community Councils and other community groups, and local meetings are an obvious means of raising local awareness.
   
4. SNH are also reminded that under section 3(5) they are required to consult (on the proposal) every local authority and every community council to which the proposal relates, those people who appear to be representative of the interests of those who live, work or carry on business in the area to which the proposal relates, as well as any other people SNH consider appropriate. Following up the concerns expressed during the passage of the Bill, and under the powers given the Scottish Ministers under section 3(6) to issue directions to a reporter, SNH shall:

• Ensure that those who are statutory consultees (as described above) are sent a copy of the consultation documents. Every relevant local authority and community council must be sent copies. Copies should also be sent to local authorities and community councils with borders adjacent to the proposed area, and sent to the relevant bodies in the area of the Argyll Forest in the Cowal Peninsula (see paragraph 8 of the National Park proposal).
• Ensure that the consultation is participatory, and that steps are taken to ensure that people have an opportunity to discuss issues, and suggest and consider alternatives. Meetings with interested groups should be part of the process.
• Ensure that Agencies and public bodies representative of relevant interests are consulted, and their views reported. In particular, these should include those representative of social and economic interests of the proposed Park.
• Build on the preparatory work by SNH in 2000, at the request of the Scottish Ministers, and done in conjunction with other relevant bodies in the area, paving the way for a formal consultation. This work should be described in the consultation papers which SNH produce as part of the consultation on the proposal, so that consultees can see how this work has informed the conduct of the consultation. This work should also be covered in the report to the Scottish Ministers.
• Develop and report on objective criteria (based on the conditions in section 2(1)) and an associated methodology against which SNH make their assessments of the proposal and any comments and suggestions for modification.
• In carrying out its role as reporter, shall seek to record and report on the views expressed by consultees, and shall make quite clear and distinct any views which are those of SNH as statutory adviser on natural heritage matters.

THE SCOTTISH EXECUTIVE - SEPTEMBER 2000

Consultation Timetable

Consultation on the proposals for a Loch Lomond & the Trossachs National Park is taking place between Monday 6^th November 2000 and Friday 9^th February 2001. The table below outlines the different components of the consultation programme and the key milestones.

How to get involved

The following list summarises the ways in which you can give us your views on the National Park proposals.

1. Reply to the consultation paper. Copies of the paper are available from the SNH office in Stirling (Loch Lomond & the Trossachs Reporting Team, Scottish Natural Heritage, The Beta Centre, Innovation Park, University of Stirling, Stirling FK9 4NF, Tel: 01786 450362). The document can also be found on this website. Send written comments to us at the above address or email us at ll&t.reporter@snh.gov.uk. You can also phone our help desk during normal working hours throughout the consultation period with the exception of 25 December 2000 – 5 January 2001 when the help desk will be closed.
   
2. Attend one of the 11 local surgeries* which will be held throughout the proposed NP area. during November and December. Either speak to a member of staff or leave us your comments in writing.
   
3. Visit one of the national displays which will be held in January 2001.
   
4. Attend one of the topic based interest group discussions* which will take place during November and December 2000.
   
5. Attend one of the 11 local public meetings which will take place throughout the proposed National Park area in January 2001.
   
6. Attend one of the special youth events organised throughout the period.

National Park ‘drop-in’ surgeries and meetings: timing & venues

DROP-IN SURGERIES

All surgeries are open between 9am & 8pm. A member of staff from SNH will be available to answer questions between 12pm & 8pm on the last day of each surgery.

PUBLIC MEETINGS

All public meetings start at 7.30pm

Please remember that all views or comments on SNH’s consultation report must be sent to us on or before 9 February 2001.

Progress & Feedback

Consultation on the proposals for a Loch Lomond & the Trossachs National Park is taking place between Monday 6^th November 2000 and Friday 9^th February 2001. The table below provides a month by month progress report on the key elements of this consultation programme. The table will be updated at the end of each month between November 2000 and February 2001. In addition, a feedback newsletter containing aggregate facts and figures as well as ideas, comments and issues raised throughout the consultation period will be posted on this page in March 2001.