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National Parks and Access to the Countryside Act 1949

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This is the original version (as it was originally enacted).

10Duty of local planning authority to formulate, and carry out, proposals for the purposes of s. 5 (1)

(1)As soon as may be after the coming into operation of the order designating a National Park, every local planning authority whose area consists of or includes the whole or any part of the Park shall formulate and notify to the Commission the authority's general proposals as to the action needed for the accomplishment, in relation to their area or so much thereof as is comprised in the Park, of the purposes specified in subsection (1) of section five of this Act.

(2)Without prejudice to the provisions of the last foregoing subsection, every such authority shall—

(a)not later than twelve months after the coming into operation of the order designating the National Park, formulate and notify to the Commission proposals as to what action needed as aforesaid should be taken in the period between the notification of the proposals and the end of the next following financial year of the authority; and

(b)not later than such date as the Commission may deter mine in the said next following financial year and in each following financial year of the authority, formulate and notify to the Commission proposals as to what action needed as aforesaid should be taken in the financial year of the authority next following the notification of the proposals:

Provided that the obligation to formulate and notify proposals under paragraph (b) of this subsection may at any time by agreement between the Commission and the local planning authority either be suspended or be modified by the substitution for a financial year of the authority of such longer period as may be provided by the agreement.

(3)Proposals under either of the two last foregoing subsections shall specify how far, in the opinion of the authority, the action falls to be taken by them and how far by other authorities or persons.

(4)If on the notification to them of any proposals under this section the Commission make any recommendations under section six of this Act—

(a)the local planning authority shall in the light of the recommendations reconsider the proposals and make any amendment thereof (whether by way of addition or modification) appearing to them requisite;

(b)if on such reconsideration it does not appear to the authority requisite to give effect to any such recommendation of the Commission, the authority shall consult with the Commission.

(5)It shall be the duty of every such authority as aforesaid so far as appears to them practicable to exercise their powers under the Act of 1947 and this Act for giving effect to proposals notified to the Commission under the foregoing provisions of this section, or to such proposals as amended in accordance with the last foregoing subsection.

(6)Nothing in the foregoing provisions of this section shall be construed as requiring that proposals shall have been formulated and notified under those provisions before any power of a local planning authority is exercised, or as otherwise limiting the exercise of any such power.

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