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This is the original version (as it was originally enacted).

11General powers of local planning authorities in relation to National Parks

(1)A local planning authority whose area consists of or includes the whole or any part of a National Park shall have power, subject to the provisions of this section, to take all such action as appears to them expedient for the accomplishment of the purposes specified in subsection (1) of section five of this Act in relation to their area or so much thereof as is comprised in the Park.

(2)Nothing in the following provisions of this Act shall be construed as limiting the generality of the last foregoing subsection ; but in so far as those provisions confer specific powers falling within that subsection those powers shall be exercised in accordance with the said provisions and subject to any limitations expressed or implied therein.

(3)The powers conferred on a local planning authority by subsection (1) of this section shall not include any power conferred on that or any other authority by or under any other Act; but nothing in this subsection shall be construed as limiting the exercise of any specific power conferred by the following provisions of this Act.

(4)Without prejudice to the powers hereinafter conferred, subsection (1) of this section shall have effect only for the purpose of removing any limitation imposed by law on the capacity of a local planning authority by virtue of its constitution, and shall not authorise any act or omission on the part of such an authority which apart from that subsection would be actionable at the suit of any person on any ground other than such a limitation.

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