Category: parks

‘The Broads comprised over 300 square kilometres of wetland landscapes in east Norfolk and Suffolk. The Broads Authority (“the authority”) was constituted under the Norfolk and Suffolk Broads Act 1988 and had a general duty to manage the Broads. The authority was also the local planning authority for the area and a harbour and navigation authority. However, the Broads was not a National Park designated under the National Parks and Access to the Countryside Act 1949, nor was the authority a National Park Authority under that statute. In January 2015 the authority passed a resolution by which it decided that the brand “Broads National Park” be adopted for marketing related purposes. The claimant sought judicial review of that decision on the ground, inter alia, that unless it conformed to the “Sandiford principle” it should not hold itself out as a National Park. That principle, set out in para 2.15 of the Report of the National Park Policies Review Committee 1974, stated that the preservation and enhancement of natural beauty should take precedence to the promotion of public enjoyment. An issue arose as to whether a public body which in law was not a National Park, could represent itself (and allow itself to be represented) as a National Park and thereby to enjoy the benefits of National Park status despite the fact that the public body had decided to cease to seek to become a National Park, inter alia, because it did not wish to be subject to the legal duties imposed on National Parks and National Park Authorities.’

Regina (Harris and another) v Broads Authority [2016] EWHC 799 (Admin)

WLR Daily, 12th April 2016

Source: www.iclr.co.uk