Scottish Government

1. This is a report on the consultation carried out by the Scottish Government on two National Park Proposals; these Proposals are to modify the original National Park Designation Orders. Analysis of the consultation responses is attached in the annexes.

Background

National Parks Review

2. In 2008 a strategic review of the arrangements for delivering National Park functions in Scotland was conducted. One of the Review recommendations was for a reduction in the number of members of the National Park Authorities ( NPA) in order to support consistently effective governance, whilst still maintaining a mix of the 3 types of member ie Ministerial appointee, local authority nominee and directly elected. (The members of an NPA are known as the board.) Public consultation on the Review recommendations showed that opinion was divided over board size, although more agreed than disagreed that the number of members should be reduced.

Scottish Government report

3. In August 2009 the Scottish Government published a report following consultation on the National Parks Review recommendations ; this is available at http://www.scotland.gov.uk/Publications/2009/08/17105408/0

In this report Ministers confirmed their intention to reduce, by October 2010, the number of NPA members from 25 to 19 for the Cairngorms and to 17 for Loch Lomond and the Trossachs. The basis for the reduction is the same for each Park:

• the two larger local authorities to be invited to make 2 nominations
• all other local authorities to be invited to make one nomination
• the number of Ministerial appointees to be the same as the total number of local authority nominees (this is a requirement of the National Parks founding legislation);
• the number of directly elected members to remain unchanged (although they would will make up a larger proportion of a smaller board).

4. The table below illustrates the proposed composition of the two boards :

NB the difference in size reflects the proposed extension of the Cairngorms National Park to include a fifth local authority.

National Park Proposals

5. In order to alter the number of NPA members, modification of each of the National Parks Designation Orders is required. The National Parks (Scotland) Act 2000 sets out a statutory process for doing this, with consultation on a National Park Proposal being the first step. Whilst the primary purpose of the Proposals (one for each Park) is to alter the number of members, a technical change regarding delegation of existing planning functions is also included as this is the first opportunity to modify the original Designation Orders. No change is proposed to the NPA planning functions themselves.

Statutory Consultation

6. The Scottish Government consulted on the two National Park Proposals between October 2009 and January 2010. A total of 8 respondents commented on the Loch Lomond and the Trossachs Proposal, and 58 on the Cairngorms National Park Proposal. Very few respondents commented on:

1. the proposed technical changes regarding delegation of existing planning functions;
2. the proposed change to the Loch Lomond and the Trossachs NPA board;

However over 40 (some of whom made identical responses) commented on the composition of the Cairngorms NPA board: most of these wanted a majority of elected members.

7. An analysis of the responses is attached at Annex A (Cairngorms National Park Proposal) and Annex B (Loch Lomond and the Trossachs National Park Proposal).

8. Copies of the responses, where permission to publish has been given, are provided following this report and are also available to view at the Scottish Government's library at F Spur, Saughton House, Broomhouse Drive, Edinburgh EH11 3XD, tel: 0131 244 4556, or e-mail SGLibrary@scotland.gsi.gov.uk

Conclusion

9. Scottish Ministers have considered the responses to the consultation on the two National Park Proposals. On the proposed technical changes regarding delegation of existing planning functions, the few respondents were all in favour. On the proposed changes to NPA boards, the comments and suggestions made by respondents were noted. However the majority of these were found not to be compatible with:

1. Scottish Ministers' objectives of reducing overall NPA board size to 19 (Cairngorms) or 17 (Loch Lomond and the Trossachs); and
2. maintaining consistency between the 2 NPAs in terms of the balance between the 3 types of member (as set out in August 2009 and in para 3 above); and
3. the requirements of the National Parks founding legislation for the number of Ministerial appointees to be the same as the total number of local authority nominees.

10. Scottish Ministers have therefore decided to proceed as set out in the two National Park Proposals. Statements to Parliament on the two National Park Proposals have also been laid in accordance with the requirements in the National Parks (Scotland) Act 2000. A consultation will commence in due course on the draft orders to modify the two Designation Orders.

Rural Directorate
February 2010

Annex A National Park Proposal to modify Cairngorms National Park Designation Order: analysis of responses

Responses

1. The Scottish Government consulted a wide range of organisations and received 58 responses. Of these, 2 were received from local authorities, 4 were received from Non-Departmental Public Bodies, 6 were received from voluntary sector organisations, 2 were received from private companies, and 44 were received from individuals. The following table illustrates the range of responses to proposals on board size and delegation of planning functions:

NB some respondents commented on both aspects of the Proposal

Board size and composition

2. In total, 8 respondees agreed fully with the proposed change to board size whilst 3 opposed the proposal. 45 made another suggestion on the membership of the board, of whom 10 agreed with the size reduction.

3. Two local authorities making nominations to the board responded. One accepted a proposed reduction from 3 to 2 nominees. Another, with a proposed reduction from 5 to 2 nominees, made a case for 3 nominees and requested that consideration be given to reducing the number of Ministerial appointees to accommodate this.

4. The majority of responses on membership were to the effect that a higher proportion, a majority, or all of the board, should be elected; this range of views is shown in the following table:

5. Most of these responses about elected members came from one settlement within the Park; some went on to make comments about increasing local democracy, and about aspects of the CNPA Local Plan.

Delegation of planning function

6. 9 respondees agreed with the proposal for delegation of existing planning functions.

Other

7. Other comments were made eg in support of the proposed Cairngorms National Park boundary extension. One organisation suggested that CNPA should be a full planning authority. A number of other comments were made on matters not covered by the Proposal.

Annex B National Park Proposal to modify Loch Lomond and the Trossachs National Park Designation Order : analysis of responses

Summary

1. The Scottish Government consulted a wide range of organisations and received 8 responses. Of these, 1 was received from a local authority, 2 were received from Non-Departmental Public Bodies, 3 were received from voluntary sector organisations, and 2 were received from individuals. The following table illustrates the range of responses to proposals on board size and planning function:

NB some respondents commented on both aspects of the Proposal

Board size and composition

2. In total, 4 respondees agreed fully with the change to board size. Only one local authority responded, making a case for retaining 2 nominations to the board.

Planning function

3. In total, 5 respondees agreed with the proposal for planning function.

Other

4. A number of other comments were made on matters not covered by the Proposal .