Boundary issues
Are there maps showing the boundary?
Ordnance Survey has included the boundary of the National Park on its 1:25,000 Explorer Map, which shows most of the area.
The National Park boundary is also shown on the OS 1:50,000 scale maps and these have been supplied to libraries within the Park.
Via the internet, a detailed map is available on:
i) the Government’s MAGIC website
(Note: Step 1: select Rural Designations – Statutory and Step 2: enter place name, to get a map of required area. On List of Layers, de-select all except National Parks)
ii) The Countryside Agency website
Why did so much land get left out of the National Park?
As part of the public inquiry, the Inspector looked in detail at the whole boundary. Using advice from a professional landscape assessor, he judged that certain areas included within the original Designation Order boundary either did not meet the criteria for National Park status, or were disconnected from the core New Forest landscape by land that did not meet the criteria.
(Note: The main areas of land excluded by the Inspector were (i) land north of the A36 on the northern boundary (ii) land on the Solent waterfront to the east and (iii) the Avon Valley to the west.)
Has there been a High Court challenge to the National Park Designation Order?
Two challenges have been made, questioning the validity of the Designation Order on the grounds that it is not within the powers of the National Parks and Access to the Countryside Act 1949 (the Act under which National Parks in England are designated).
On the application from Meyrick Estate Management Ltd to exclude their land at Hinton Admiral Park from the New Forest National Park, Mr Justice Maxwell found in favour of the applicant and has therefore quashed the New Forest Designation Order, insofar as it applies to the disputed land at Hinton Admiral.
Defra was granted leave to appeal against the Meyrick judgement by the Court of Appeal on 10 March 2006. The reasons for the grant of permission are: ‘The grounds are properly arguable and in any event raise issues of importance which ought to be considered by the Court of Appeal.’
The ruling was published on 15 February 2007. The Court of Appeal upheld the High Court Judgement made in November 2005 in favour of the challenge by Meyrick Estate Management Ltd to the New Forest National Park Designation (Confirmation) Order 2005 This excludes the land at Hinton Admiral Park from the New Forest National Park.
On a second challenge to the Designation Order from RWE NPower in respect of their power station at Fawley, Defra has reached an out-of-court settlement with RWE NPower which sees the power station excluded from the Park. The Consent Order, which provides for the quashing of the Designation Order insofar as it applies to Fawley power station, was ‘pronounced’ in open court on 7 March 2006. Defra has received the Consent Order and formally notified interested parties.
Neither of these two challenges has any implications for the rest of the New Forest National Park, outside the specific (and relatively small) areas which have been disputed. Nor do they have any implications for the National Park Authority. Both challenges were made under the 1949 National Parks and Access to the Countryside Act, which allows a six-week window for making such challenges after the Order is signed.
Isn’t it against National Park purposes to have a major tip like Pound Bottom in the Park?
National Parks do have sites within them that do not meet National Park criteria but which cannot be relocated, such as quarries in the Peak District. The National Park Authority, with its responsibility for minerals and waste planning policies within the National Park, will be involved in addressing the impacts of existing waste sites such as Pound Bottom.
What has become of the New Forest Heritage Area?
Most of the Heritage Area has been incorporated into the National Park.
Responsibility for planning policies outside the Park lies with adjoining local authorities. The National Park Authority will be working closely with those authorities to ensure future land use takes National Park purposes into account. Such authorities must to have regard for National Park purposes when making any decisions which will affect the Park.
What about the South Hampshire Coast Area of Outstanding Natural Beauty (AONB)?
The AONB designation was revoked when the National Park Designation Order was signed. More than 95 per cent of the AONB has been included in the National Park and receives the highest level of protection. The Inquiry Inspector found that small areas of the AONB no longer met the criteria for natural beauty and they were therefore excluded from the National Park. These areas no longer have any national designation. It will be for New Forest District Council to provide such protection, through its planning policies, as it feels is necessary.
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