National Parks and Access to the Countryside Act 1949

Areas of outstanding natural beauty E+W+S

87 Designation of areas of outstanding natural beauty. E+W+S

(1) [F1 the Agency][F2 , or as the case may be, the Council,] may, by order made as respects any area in England or Wales, not being in a National Park, which appears to them to be of such outstanding natural beauty that it is desirable that the provisions of this Act relating to such areas should apply thereto, designate the area for the purposes of this Act as an area of outstanding natural beauty; and references in this Act to such an area shall be construed as references to an area designated under this section.

[F3 (1A) The following provisions shall apply to the Council in relation to land in Wales as they apply to [F1 the Agency] in relation to land in England.]

(2) Where [F1 the Agency] propose to make an order under this section they shall consult with every local authority whose area includes any part of the area to which the proposed order is to relate, and shall then, before making the order, publish, in the London Gazette and in one or more local newspapers circulating in the area of every such authority as aforesaid, notice that they propose to make the order, indicating the effect of the order and stating the time within which and manner in which representations with respect thereto may be made to [F1 the Agency], and shall consider any representations duly made.

(3) An order under the last foregoing subsection shall not come into operation unless and until submitted to and confirmed by the Minister, and in submitting any such order to the Minister [F1 the Agency] shall forward to him any observations made by a local authority consulted in pursuance of the last foregoing subsection and any representations duly made thereunder, other than observations or representations to which effect is given by the order as submitted to the Minister.

(4) The Minister may confirm an order submitted to him under this section either as submitted or with such modifications as he thinks expedient.

(5) Before refusing to confirm an order under this section, or determining to confirm it with modifications, the Minister shall consult with [F1 the Agency] and with every local authority whose area includes any land to which the order as submitted, or as proposed to be modified, relates.

(6) In this section the expression “local authority” means a joint planning board, county council, county borough council or county district council.

(7) Without prejudice to the power of [F1 the Agency] to vary an order under this section, the Minister may by order vary any such order of [F1 the Agency]; and subsection (2) of this section shall apply to any order of the Minister under this subsection, with the substitution for references to [F1 the Agency] of references to the Minister.

(8) It shall be the duty of [F1 the Agency] to secure that copies of any order such as is mentioned in this section shall be available, at the office of [F1 the Agency], at the offices of each local authority whose area includes any part of the area to which the order relates, and at such other place or places in or near that area as [F1 the Agency] may determine, for inspection by the public at all reasonable times.

Textual Amendments

F1 Words in s. 87(1)(1A)(2)(3)(5)(7)(8) substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 1(5)

F2 Words in s. 87(1) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130(1), Sch. 8 para. 1(12)(a); S.I. 1991/685, art. 3

F3 S. 87(1A) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130(1), Sch. 8 para. 1(12)(b); S.I. 1991/685, art. 3

Modifications etc. (not altering text)

C1 S. 87 modified (prosp.) by 2000 c. 37, ss. 93, 103(3), Sch. 15 Pt. II paras. 15-18 (with s. 84(4)-(6))

[F4 88 Functions of certain bodies in relation to areas of outstanding natural beauty. E+W+S

(1) The following provisions of this Act, that is to say—

(a) paragraph (e) of subsection (4) of section six,

(b) section nine,

(c) subsection (1) of section sixty-two,

(d) subsection (5) of section sixty-four, and

(e) subsections (5) and (5A) of section sixty-five,

shall apply in relation to areas of outstanding natural beauty as they apply in relation to National Parks.

(2) In paragraph (e) of subsection (4) of section six of this Act as it applies by virtue of the last foregoing subsection, the expression “appropriate planning authority” means a local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty and includes a local authority, not being a local planning authority, by whom any powers of a local planning authority as respects an area of outstanding natural beauty are exercisable, whether under this Act or otherwise.

(3) The provisions of section 4A of this Act shall apply to the provisions mentioned in paragraphs (a) and (b) of subsection (1) of this section for the purposes of their application to areas of outstanding natural beauty as the provisions of the said section 4A apply for the purposes of Part II of this Act.

(4) A local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty shall have power, subject to the following provisions of this section, to take all such action as appears to them expedient for the accomplishment of the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty or so much thereof as is included in their area.

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

(6) Without prejudice to the powers conferred by this Act, subsection (4) 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.]

Textual Amendments

F4 S. 88 substituted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 2(7) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2