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The Queen on the Application of the Council for National Parks Limited (Appellant) – and – The Pembrokeshire Coast National Park Authority and Ors (Respondent)

Pays/Territoire
Royaume-Uni
Type de cour
Autres
Date
Jul 20, 2005
Source
UNEP, InforMEA
Nom du tribunal
Court of Appeal
Siège de la cour
London
Juge
Latham
Jacob
Kay
Numéro de référence
[2005] EWCA Civ 888
Langue
Anglais
Sujet
Espèces sauvages et écosystèmes
Mot clé
Économie et environnement Parcs nationaux
Résumé
This case arose out of a proposed development of a Holiday Village in a National Park known as Pembrokeshire Coast National Park. The area in question was characterized by rural poverty and unemployment, and the development was considered to bring benefits to the local economy. The planning permission for the development was granted by the Pembrokeshire Coast National Park Authority. The appellant, the Council for National Parks Ltd (CNP) was a charity with the purpose to protect and enhance the national parks of England and Wales. It was opposed to the development. The National Park Authority contended that the application had demonstrated an overriding public need in terms of the benefit it would bring to the economy of the National Park and the area as a whole, this benefit being in terms both of the direct employment at the village and the wider opportunities to the local economy, especially recreational activity providers, local food industries, public transport operators etc. Section 11A of the National Parks and Access to the Countryside Act 1949 provided, among others, that “(…) a National Park Authority, (…) shall seek to foster the economic and social wellbeing of local communities within the National Park, (…)” but in case of a conflict between the different purposes of the Act, “(…) shall attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area comprised in the National Park." The appellant submitted that the economic benefits would be local rather than national, and these were not material considerations necessary for granting a development in a National Park. The Court held that section 11A of the 1949 Act obliged the Authority to "seek to foster the economic and social wellbeing of local communities within the National Park". The economic benefit that the village could bring by way of employment in the area was therefore a material consideration which the Park Authority were entitled to take into account in deciding whether, in all the circumstances, the development plan should be followed. The appeal was dismissed.
Texte intégral
pembrokecoastnpa_v_ncfnp_0705.htm