3 LEGISLATIVE PROVISIONS FOR NATIONAL SCENIC AREAS
The basis of designation
3.1 There was no formal definition of criteria for the NSA designation in the CCS report " Scotland's Scenic Heritage". The CCS undertook a systematic survey, based on existing knowledge and a consensus forming debate within the Commission prior to identifying the 40 NSAs. The selection of the 40 areas was based on aesthetics and preference rather than an analytical review of the components of landscape. The NSA was also viewed as an accolade designation which identified what was judged at the time of the original survey to be the very best of our scenery, but was not intended to be representative of all of Scotland's landscapes.
3.2 We propose that the NSA designation should continue to be a scenic designation based on preferences for natural beauty and amenity, but recognising that this may also encompass other values. It should also remain an accolade designation rather than attempting to be representative of all landscapes in Scotland. This is in line with advice from SNH and reflects responses to its consultation paper on this matter 4.
A New Statutory Purpose for NSAs
3.3 NSAs represent the very best of Scotland's scenery and are " natural heritage designations of the highest national standing, identifying the national interest in the scenic qualities of an area." Typically the areas concerned are not subject to the same levels of recreational and related pressures as the National Parks whose objectives are consequently broader and require more comprehensive integrated planning and management. NSAs do not require the establishment and powers of a separate statutory body to secure their management, nor the extent of comprehensive planning which can be achieved in a National Park Plan.
3.4 However, many of the land use changes which can affect scenic beauty and essential landscape characteristics, such as agricultural practices or forestry, do not require planning permission. These are not therefore directly controlled through the NSA designation. There is however scope for Land Management Contracts and the Scottish Forestry Grant Scheme to recognise and support the interests of NSAs.
3.5 Whilst accepting that the primary purpose of designating an area as an NSA relates to the protection of its scenic or national heritage value, a significant number of responses to the SNH consultation supported the proposal that socio-economic needs should be recognised in any statement of purpose for NSAs. We are therefore proposing a definition of purpose for NSAs to be contained in legislation which provides a clear statement of the interest identified by NSAs, the importance that is attached to this, and the manner in which the designation should be applied. The proposed definition of purpose is:
- that National Scenic Areas are areas of land which represent the very best of the landscapes for which Scotland is renowned, and
- they are of such outstanding scenic beauty and amenity that they should be safeguarded and enhanced as part of the national heritage.
The proposed aims of designation are:
- to manage changes arising from development and other pressures on the special qualities of the NSA consistent with the underlying purpose, whilst recognising the social and economic needs of communities.
3.6 The proposals above seek to encapsulate a three-fold approach to the NSA designation:
- Scotland has many landscapes recognised for their scenic beauty, but NSAs should include only those landscapes (and adjoining areas of sea where appropriate), recognised as being of the very highest scenic quality.
- Our most scenic landscapes form a critical part of our national heritage, encompassing a range of natural and cultural values (special qualities), that merit special effort to ensure current and future generations can appreciate these qualities in the future.
- Several NSAs cover extensive areas, and most include communities living and working within them. A modern approach to protecting valued landscapes recognises the mutual inter-dependence of communities and the landscape resource, and the contribution each makes to the other's long-term well-being.
Consultees are invited to submit their views on the clarity and appropriateness of the proposed purpose and aims of NSA designation.
Designation of NSAs
3.7 We propose that SNH and local authorities should have the power to consider and bring forward proposals for new NSAs. A new power to designate, de-designate, or revise the boundaries of any NSA is therefore proposed as an improvement on the (now repealed) provisions formerly included in the Town and Country Planning (Scotland) Act 1972 and the Natural Heritage (Scotland) Act 1991. We propose that the power to designate NSAs should lie with the Scottish Ministers, should include a requirement to consult with SNH and other relevant bodies, including the relevant local authorities, and that the area proposed for designation should fulfil the criteria set out in the definition of purpose for NSAs. There should be evidence that appropriate measures are required to protect those special characteristics.
3.8 Coupled with the power for the Scottish Ministers to designate we require the power to revoke such a designation or to vary the area protected. Again this would be exercisable only after consultation with SNH and other relevant parties, including the relevant local authorities. Such revisions are likely to be rare, such as when boundaries require some minor amendment to provide a better reflection of the occurrence of special qualities across an area, or to facilitate better landscape management.
3.9 There would be a requirement for Notice of any designation, variation or cancellation of a designation to be published by the Scottish Ministers in the Edinburgh Gazette and in at least one newspaper circulating in the vicinity of the area in question. Planning authorities would be required to compile, maintain and make available to the public free of charge and at reasonable hours a list of all designated NSAs in its area.
3.10 The direct effect of designation would be similar to provisions in the repealed section 262(c) (4) i.e. that planning authorities would require to have regard to the designation in its consideration of planning applications within the designated area. A review of the General Permitted Development Order is underway, which will include consideration of the effectiveness of the protection for designated areas, including NSAs, and will make recommendations on improvements for consideration by Ministers.
3.11 It is not the intention of these proposals to impose any other function of a more general kind to be applied to public bodies or others in relation to NSAs. There would, for example, be no new obligation on local authorities to take special steps to enhance or prevent deterioration of the character of such an area beyond those described above. Nor is it proposed that there should be any new or additional obligation beyond the operation of the planning system for public bodies or others to take special steps whilst undertaking their activities and functions in such areas. The general duty on government and public bodies to have regard to the desirability of conserving the natural beauty and amenity of the countryside will of course still apply 5.
3.12 NSA proposals would require full consultation locally and with relevant national bodies before consideration by the Scottish Ministers. Following enactment of new legislative provisions for NSA designation, additional guidance would be issued to specify the requirements for information to be contained in any proposal, the means of consultation, advertising requirements and publishing of any reports, and timescales for their consideration.
Consultees views are invited on:
- The appropriateness of the proposed powers of designation.
- Are the roles in the designation and review process identified for SNH and local authorities appropriate?
NSAs and National Parks
3.13 NSAs and National Parks are both national designations and both can encompass relatively extensive areas. They differ however in terms of the national interests they identify - NSAs are focused primarily on scenic value, in contrast to the Park's wider breadth of natural or natural and cultural heritage interest (which can include scenic value) and their accompanying social and economic remit as encompassed in their four founding principles 6.
3.14 NSAs were established prior to the designation of Scotland's two National Parks. Both Parks include NSAs within their areas - The Trossachs, Loch Lomond, and a small part of the River Earn (Comrie to St. Fillans) NSAs lie within Loch Lomond and the Trossachs National Park, and The Cairngorms and Deeside and Lochnagar NSAs are within Cairngorms National Park. The national park authorities are required to take account of the NSAs within their boundaries in the way in which they manage the natural heritage assets of the Park and also through their Parks Plans. However some views have been expressed to the effect that the overlapping of NSA/National Park designation is unnecessary and potentially confusing. There has been some pressure to remove NSA designation where this falls within the National Park boundaries.
3.15 We propose that the continuation or otherwise of overlapping designations should be considered on an individual basis for each NSA as the boundaries are reviewed. The outstanding quality of the scenery within these NSA areas is an important component of the special qualities of the National Parks and does not compromise the development of a park-wide approach to landscape protection and management through the Park Plan. However a significant consideration is that within NSAs there are some greater restrictions on certain categories of generally permitted development. In the absence of any other action, the rescinding of NSA designations within national parks could lead to a reduction in the protection which these areas have under planning legislation. Our proposal to consider each such overlapping designation on its merits allows for the Review of the General Permitted Development Order ( GPDO) to inform the debate.
Consultees are invited to comment on:
- The proposal to review the need for NSA designation within National Park boundaries on an individual basis;
- Whether there is a case for retaining NSAs within National Parks