The National Park Authorities (England) (Amendment) Order 2016

Statutory Instruments

2016 No. 703

Countryside, England

The National Park Authorities (England) (Amendment) Order 2016

Made

1st July 2016

Laid before Parliament

7th July 2016

Coming into force

31st July 2016

The Secretary of State makes this Order in exercise of the powers conferred by section 63(1) and (4) of, and paragraphs 1(2) and (3), and 2(1) and (2) of Schedule 7 to, the Environment Act 1995(1).

The Secretary of State has consulted the council for every principal area the whole or any part of which is comprised in the Yorkshire Dales National Park as enlarged by the variation order(2) taking effect on 1st August 2016, as required by paragraph 2(3) of Schedule 7 to the Environment Act 1995.

Citation and commencement

1.  This Order may be cited as the National Park Authorities (England) (Amendment) Order 2016 and comes into force on 31st July 2016.

Yorkshire Dales National Park Authority

2.—(1) The National Park Authorities (England) Order 2015(3) is amended as follows.

(2) In Part 1 of Schedule 1, in the entry relating to the Yorkshire Dales National Park—

(a) in column 2 (total membership of authority), for “22” substitute “25”;

(b) in column 3 (number of local authority members), for “12” substitute “15”.

(3) In Part 2 of Schedule 1, in the entry relating to Yorkshire Dales National Park Authority, for the second and third columns substitute—

“Cumbria County Council	1
Lancashire County Council	1
North Yorkshire County Council	5
Craven District Council	3
Eden District Council	1
Lancaster City Council	1
Richmondshire District Council	2
South Lakeland District Council	1”

Transitional provision regarding permitted development rights for the extensions to the Lake District and Yorkshire Dales

3.—(1) Where the conditions specified in sub-paragraph (2) are met, planning permission granted by the Town and Country Planning (General Permitted Development) (England) Order 2015(4) is saved.

(2) The conditions are that—

(a) an application was made for prior approval for development under the Town and Country Planning (General Permitted Development) (England) Order 2015 of land which will become a part of the Lake District National Park or Yorkshire Dales National Park by virtue of the extensions taking effect on 1st August 2016(5);

(b) the application is in respect of development permitted under one of the following classes in Schedule 2 to that Order—

(i) Class A of Part 1,

(ii) Class J of Part 3,

(iii) Class M of Part 3,

(iv) Class N of Part 3,

(v) Class P of Part 3,

(vi) Class Q of Part 3,

(vii) Class E of Part 4,

(viii) Class A of Part 6,

(ix) Class C of Part 7,

(x) Class J of Part 14, or

(xi) Class A of Part 16; and

(c) (i) prior approval was granted, or arose, before 1st August 2016, or

(ii) an appeal against the refusal of an application for prior approval was made under section 78 of the Town and Country Planning Act 1990(6) before 1st August 2016, and that appeal was subsequently successful.

Rory Stewart

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

1st July 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This instrument makes provision consequent upon the enlargement of the Lake District and Yorkshire Dales National Parks by the decision of the Secretary of State on 23rd October 2015 to confirm the variation orders made by Natural England, and taking effect on 1st August 2016.

Article 2 expands the membership of Yorkshire Dales National Park Authority, adding three new local authority members in respect of newly incorporated areas.

Article 3 makes transitional provision in respect of the extensions to both National Parks. Where planning permission under permitted development rights is in place by virtue of a prior approval which was granted or arose before the extensions take effect on 1st August 2016, those rights are saved, notwithstanding the land coming within a National Park.

No impact assessment has been produced for this instrument as no impact on the private, public or voluntary sector is foreseen. An Explanatory Memorandum is available alongside the instrument at www.legislation.gov.uk.

(1)

1995 c.25; paragraph 1(2) and (3) of Schedule 7 was substituted by section 61(1) and (2) of the Natural Environment and Rural Communities Act 2006 (c.16).

(2)

Confirmed by the Secretary of State on 23rd October 2015. Copies are available from DEFRA, Natural Environment Policy – Land Use, 1/09, Temple Quay House, Bristol, BS1 6EB.

(3)

S.I. 2015/770.

(4)

S.I. 2015/596.

(5)

The Lake District National Park was enlarged by a variation order confirmed by the Secretary of State on 23rd October 2015, taking effect on 1st August 2016. Copies are available from DEFRA, Natural Environment Policy – Land Use, 1/09, Temple Quay House, BS1 6EB.

(6)

1990 c.8, to which there are amendments not relevant to this Order.