South Downs National Park

Uncertainties and Delay

by Margaret Paren

Just as everyone had digested the news that there would be a three-month delay in the programme to confirm the designation of the South Downs National Park because of the ill health of Inquiry's inspector, a further and more substantial delay became apparent.

Uncertainties have arisen over the interpretation of the legislation under which all national parks have been set up. Although it has been in place since 1949, and 12 national parks have been created in England and Wales without challenge, a successful challenge was made in the High Court to the New Forest confirmation order by the Meyrick Estate.

As a result Defra has put on hold the timetable for reaching a decision on the South Downs National Park until these uncertainties have been resolved. Amendments have been tabled to the Natural Environment and Rural Communities Bill, which is expected to complete its parliamentary passage over the next few months. Defra has also appealed the Meyrick decision to the Appeal Court.

Once the outcome of the parliamentary process and any appeal are known, the process will reconvene. The delay to the timescale is not yet known though a Ministerial announcement is still likely this year.

May 2006

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