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5. The Scottish Ministers are content that the consultation and the report produced met the requirements set. They have decided, subject to some modifications, to broadly accept the conclusions of the reporter, which were based on a thorough and extensive consultation. These are summarised as follows:
The Case for a National Park
6. The Scottish Ministers welcome the reporter's conclusion that the proposed area meets the conditions for establishing a National Park, as set out in the National Parks (Scotland) Act, and that there is significant support for the proposed National Park, both locally and nationally. On this basis they have decided to bring forward a draft designation order, for further consultation, providing for the establishment of the first National Park in Scotland in Loch Lomond and the Trossachs. The Scottish Executive remains committed, as set out in "Working together for Scotland: A Programme for Government", to establishing Scotland's first two National Parks by early 2003. The intention remains to set up the first of these in April 2002.
Area/Boundaries
7. Scottish Ministers accept the conclusions of the reporter that the following areas (as described in the report) should be part of this National Park:
8. In addition, they have noted that views were very divided on the inclusion of the Strathfillan and Glen Dochart area. On balance, they have decided that the west end of Glen Dochart, including the communities of Tyndrum and Crianlarich, should be within the National Park. They note the view of SNH that the area has outstanding natural heritage interests, and provides opportunities for enhanced recreation management on the popular mountains of the area. The area will also provide a significant gateway at the north end of the Park.
9. The maps attached to the draft designation order reflect these decisions on the area of the Park. These maps (at 1:10,000 scale) are based on the reporter's maps, but show the boundary at a greater level of detail. The line of the boundary follows the general principles set out in Annex E of the SNH report. The aim of this consultation is to clarify and agree the exact line of the boundary.
Planning (and other) Powers
10. The Scottish Ministers broadly accept the reporter's conclusions on the exercise of the planning function in the National Park. The draft designation order accordingly provides for the National Park Authority (NPA) to be the planning authority for the Park area in the sense of taking on responsibility for the preparation of the local plan and for development control; and for the associated functions in relation to tree preservation orders, enforcement, administering conservation areas and listed buildings consent, administering advertisement control, administering mineral consents and applying controls relating to hazardous substances.
11. Local authorities will retain responsibility for structure planning, with the NPA being a consultee on their preparation. The NPA and the adjacent planning authorities will be statutory consultees for development control and on the preparation of local plans.
12. The reporter's suggestions about the timing of the first local plan and National Park plan for the Park are noted. However, that is not a matter for the designation order. The recommendation for guidance on planning arrangements is similarly noted.
13. The conclusion on consultation arrangements is broadly accepted in the sense of the need for reciprocal consultation between the NPA and adjacent planning authorities on development control cases of significance to each others' policy aims and objectives. However, Ministers do not believe that where a NPA intends to refuse a proposal contrary to the recommendation of a local authority, that this should trigger notification to Scottish Ministers. Notification should only apply where the NPA decides to approve an application which is of significance to the policy aims and objectives of an adjacent local authority which has objected (or vice versa). Such cases should be few in number.
14. Ministers accept that a planning committee should have a majority of elected members (whether local councillors or members directly elected to the Park authority).
15. Other powers of the NPA are covered in the National Parks (Scotland) Act or in other statutes which implicitly give a NPA a reasonable expectation as a consultee. Working arrangements with other organisations will be a matter between the NPA and those organisations. Such issues may be the subject of guidance prepared under section 16 of the Act. The Act already provides general powers for the NPA to make arrangements with other public bodies, either for joint working or for agency arrangements.
16. Procedures already exist for dealing with Crown development, as set out in Circular 21/1984. Where planning permission would normally be required in these cases, Crown bodies have to consult planning authorities (which in a National Park would be the NPA) by means of a Notice of Proposed Development. The planning authority must publicise this in the same way as a planning application, and must take into account the views of those consulted when reaching their conclusion on whether to agree the proposal. If they object, and the Crown body want to continue, they must notify the Scottish Ministers who will then determine the issue.
Membership of the National Park Authority
17. Scottish Ministers accept the reporter's conclusion that the NPA should consist of 25 members. They have also decided that there should be 5 directly elected members, giving a 5:10:10 split of the 25 members (5 elected :10 local authority nominees :10 direct appointments by Scottish Ministers). The suggested split of the 10 local authority nominees is accepted, and provided for in the draft designation order:
18. Ministers also accept the reporter's conclusion that a breadth of experience and knowledge will be important among the members of the NPA, but that places on the NPA should not be reserved for specific public bodies or interest groups. The draft designation order therefore makes no specific provision for this.
19. Ministers have decided that the number of appointed members who are required to be "local" (as required under schedule 1, paragraph 3(5) of the Act) should be 5 as specified in Article 5 of the draft designation order. This will mean that a minimum of 40% (10 members) of the NPA will be either locally elected or appointed as local.
Potential Costs of the National Park
20. Ministers note the reporter's conclusions on the potential costs of the National Park. The annual funding of the National Park Authority from the Scottish Executive will be decided through the normal public expenditure process, as for other governmental organisations.
Name of the First National Park
21. Ministers accept the reporter's conclusion that the name of the first National Park should be Loch Lomond and The Trossachs National Park.
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