Landscape Protection

Two ponies graze peacefully in England's New Forest near Lyndhurst. Picture courtesy of the New Forest Committee

New Forest National Park

Introduction

On 1 March 2005, Alun Michael, the then Rural Affairs Minister, confirmed the New Forest National Park (Designation) Order 2002, and in doing so created a new National Park for the New Forest.

The New Forest National Park Authority was established on 1 April 2005. It will initially have a limited range of statutory powers and functions and become fully operational on 1 April 2006.

The creation of a National Park does not affect the powers of the Forestry Commission in managing the Crown Lands, or those of the Verderers under the New Forest Acts of 1877 to 1970.

The Rural Affairs Minister has provided Guidance to the Authority on how it could operate to achieve co-operation with the local authorities, the Forestry Commission, the Verderers, English Nature, and other local interests.

Confirmation of the New Forest National Park (Designation) Order 2005

The New Forest National Park (Designation) Confirmation Order 2005 was available for public inspection from 14 March to 29 April 2005 at local authority offices throughout the New Forest.

There was a six-week period, from the date of publication of Notice of the Confirmation Order, during which High Court challenges could be made. These challenges could only be made on the grounds that designation process has not been done in accordance with the requirements of the National Parks and Access to the Countryside Act 1949 - not on the boundary or the principle of a National Park.

Defra received two High Court challenges from (a) Meyrick Estate Management Ltd to the inclusion of Hinton Admiral Park; and (b) RWE NPower Plc to the inclusion of Fawley power station.

It defended the Meyrick challenge on 24 October 2005 and the judgment was delivered orally on 3 November 2005. The Court has quashed the New Forest National Park Designation (Confirmation) Order, in so far, as it affects land at Hinton Admiral Park. Defra sought leave to appeal from the Judge, which was refused. But it is now seeking leave to appeal from the Court of Appeal itself. In addition, it is about to obtain an out-of-court settlement with RWE NPower.

New Forest National Park - background

The New Forest National Park is the remnant of a former Royal Hunting Forest that was created by William the Conqueror in the 11th Century. He gave the Forest its protected status which has continued and evolved over the last 900 years. This has resulted in a unique and special landscape that has been loved for many centuries.

The New Forest was considered for National Park status in the 1950s. But the core of the Forest was seen to be adequately cared for through the Forestry Commission management of the Crown Lands and the powers of the Verderers under the New Forest Acts of 1877 to 1970. However, the Forest has come under increasing pressure from the demands of modern world. These pressures are threatening the Forest’s future and the very qualities that make it special.

In October 1999, the Countryside Agency started the designation process for a New Forest National Park under the provisions of National Parks and Access to the Countryside Act 1949. It spent most of the next two years consulting local and national interests before submitting a Designation Order for a National Park to the Secretary of State for Environment, Food and Rural Affairs in February 2002.

The Order was made available for public comment from 24 January to 25 March 2002 to allow objections and representations to be lodged. These comments were heard at a public inquiry that was held from October 2002 to April 2003. 

On 28 June 2004, the then Rural Affairs Minister announced that the New Forest would become a National Park and be managed by a National Park Authority established under the Environment Act 1995. The Minister accepted most of the Inquiry Inspector's recommendations which involved the exclusion of some areas within the Designation Order boundary, and the addition of three small areas outside it. The Minister was minded to accept the additions and expanded one of them to include Fawley power station. In addition, he decided to retain two areas within the park that the Inspector recommended should be excluded.

Details of the proposed additions were made available for public comment from 26 July to 23 August 2004 to allow objections and representations to be lodged. There was no statutory requirement for public comment on the exclusions. There were two objections to the inclusion of land at and around Fawley power station from: (a) RWE Thames Water Property Services Ltd on behalf of RWE NPower Plc who objected to the inclusion of Fawley power station; and (b) John Hinton of Hinton Properties to the inclusion of land abutting the northern side of the power station and the power station.