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2. BACKGROUND
History of National Scenic Areas
2.1 The NSA designation had its origins in the proposals included in the Parks System for Scotland policy paper published by the former Countryside Commission for Scotland ( CCS) in 1974. This was accepted by Government, and CCS set in hand a programme of work to identify those areas which might be candidates for the new landscape designation. The outcome of that work was the identification of 40 areas, which were described in Scotland's Scenic Heritage, published in 1978 2. Following a period of discussion about how the new system would be implemented, and what measures were needed to secure their protection and enhancement, SDD Circular 20/1980, Development control in NSAs, introduced the new "national scenic area".
2.2 The 1980 Circular required local authorities to have policies in their development plans to protect the NSAs; restricted some permitted development rights in NSAs and required consultation with CCS on certain defined developments. In addition, 2 directions were made under powers in the Town and Country Planning (General Development) (Scotland) Order 1975 which set out procedures for reference to the Secretary of State of planning applications for specified categories of development, and removed certain permitted development rights in NSAs. In 1999, National Planning Policy Guideline ( NPPG) 14 Natural Heritage further strengthened the protection given to the NSAs within the planning system.
2.3 Powers to designate NSAs by direction were introduced by the insertion of section 262(c) into the Town and Country Planning (Scotland) Act 1972 by paragraph 38 of Schedule 11 to the Housing and Planning Act 1986. Powers to designate NSAs at section 262 (c) (1) and (2) were repealed by the Natural Heritage (Scotland) Act 1991. Section 6 of that Act introduced a substitute power which was to designate natural heritage areas. That power was never exercised and section 6 was itself repealed by paragraph 8 of Schedule 7 to the Nature Conservation (Scotland) Act 2004.
2.4 It should be noted, however, that section 6(8) and (9) of the 1991 Act, which had the effect of preserving in force designations made under section 262C of the 1972 Act, had themselves been previously repealed by Schedule 1 to the Planning (Consequential Provisions) (Scotland) Act 1997. However, paragraph 11 of Schedule 3 to that Act had the effect of preserving National Scenic Areas constituted under section 262C until they were cancelled. Powers were preserved under section 262C(1) for the purpose of cancellation of such designations.
Review of National Scenic Areas
2.5 Despite these moves to strengthen the recognition given to NSAs, concerns continued to be raised that the designation was not sufficiently effective in safeguarding Scotland's best landscapes and securing their positive management. There was also some criticism of the original selection of 40 areas on the grounds that it placed undue emphasis on the more remote mountain areas of the north and the west.
2.6 In September 1997 Scottish Natural Heritage ( SNH) was therefore asked by Lord Sewel, the then Minister for Agriculture, Environment and Fisheries at the Scottish Office, to review the designation. He asked in particular that SNH consider the form of protection which a revitalised landscape designation should afford, to review the current selection of NSAs and advise on what changes might be necessary. SNH were also asked to consider the relationship of the NSA with other designations, in particular National Parks and Areas of Great Landscape Value.
2.7 SNH presented recommendations to Government in 1999 3 following a period of consultation. This included recommendations for enhancing the effectiveness of NSAs and for extending the suite of designated areas to better reflect the range of Scotland's landscapes. However, SNH considered that priority for action should be on the better care and management of the existing NSAs, and recommended that this could be best achieved through the development and implementation of management strategies. A summary of the report recommendations is attached at Annex D.
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