Response: if the UK Government repeals duty on public bodies
Response to speculations that the UK Government is minded to repeal the duty on public bodies to "seek to further" National Park and Landscapes purposes.
After decades of calling for change, on Boxing Day 2023 we welcomed a new duty binding all public bodies to take action for Protected Landscapes. Specifically section 245 (Protected Landscapes) of the Levelling Up and Regeneration Act 2023 now requires all public bodies to ‘seek to further’ the purposes of Protected Landscapes.
Why is it so important?
For starters, Protected Landscapes (National Parks and National Landscapes) cover 25% of England. And they are in staggering decline – in part, due to the decisions of myriad public bodies who have, for too long, ignored these internationally recognised ‘protected areas for nature’. This means Protected Landscapes are not currently achieving the purposes for which they were designated. For National Parks, those purposes are conserving and enhancing natural beauty, wildlife and cultural heritage, and promoting opportunities for public enjoyment. For National Landscapes, the purpose is conserving and enhancing natural beauty.
What is the new duty?
This new duty requires every single public body to seek to further these purposes in every decision, function or action they take that could affect land in Protected Landscapes, and applies to thousands of public bodies: from local Councils to Government Departments, water companies, and energy regulators, the Environment Agency, Planning Inspectorate and many more. Given 175,000 hectares of National Park land – an area bigger than Greater London – is owned largely by the Ministry of Defence and Forestry England, this new law should be groundbreaking in ensuring these areas are managed by these public bodies in a way that enhances wildlife and provides more opportunities for access.
At Campaign for National Parks, along with many organisations including Natural England, Defra, the National Landscapes Association and others, we agree that implementation of these new strengthened duties will be truly transformational across Protected Landscapes. Implementation will mean that public bodies are required to put far more effort into ensuring that their policy, practice and proposals are seeking to further the conservation and enhancement of wildlife, natural beauty and cultural heritage in National Parks. For example, we expect that National Highways will now be putting far more effort into identifying alternatives to significant roadbuilding in Protected Landscapes and that Ofwat and the water companies will now be placing a greater priority on reducing sewage spills in these areas.
Why is it under threat?
There is speculation that the UK Government is minded to repeal the duty. The Duty was supported by all parties and championed from Labour benches. It’s truly transformational – the biggest step forward in National Park protection in 30 years. Ditching it now, when it’s just starting to make a difference makes no sense. The evidence so far, including that from Natural England, Defra, the Parks and the High Court, all suggests the Duty works with the Planning system.
These rumours are especially shocking because this has come out of nowhere – just months after Ministers were championing this law to celebrate 75 years since a Labour Government founded National Parks. If they are planning to rip it up, then they would be taking sledgehammer to that legacy. Any politician proposing that would have a real fight on their hands.
What is Campaign for National Parks doing?
We have been campaigning for this law for over 30 years. The duty was hard won – and now, when they are only just starting to uphold it, rumours suggest UK Government are removing it! We will not let that happen.
We are working with a coalition of environmental NGOs to put pressure on the UK Government to not repeal the duty and to urge Government to make good on their promise of regulation to make it crystal clear what different public bodies need to do to “seek to further” National Parks and Landscapes.
What can you do?
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