Natural Environment and Rural Communities Bill

I agree precisely with my hon. Friend. An appeal is under way, and my hon. Friend the Member for South-East Cambridgeshire made the point very well that the amendment sits oddly with that fact. We should wait for the result of the appeal, and the amendment would throw the designation of the proposed South Downs national park into chaos and confusion. I disagree with the hon. Member for Eastleigh (Chris Huhne) in his interpretation of what the Government are trying to do. The amendment does not restore the previous designation of national parks; it introduces a new form of designation. Areas of outstanding natural beauty and national parks have always been seen as distinct. National parks were wilder and more remote areas, while areas of outstanding natural beauty were equally attractive, but more managed, landscapes. This matter is of great importance to my constituency, as more than half of it lies within the South Downs area of natural beauty and well over half will lie within the proposed national park. The practical effect of the amendments is that a redesignation of the national park boundaries will be possible, after a long inquiry—91 sitting days and 23 visits—has already completed its business. If, as a consequence of the amendments, the national park boundary is moved south of Arundel, it may prevent the completion of the long-awaited Arundel bypass, with a profound impact on downland villages, which will continue to suffer a large amount of displaced traffic that cannot bypass Arundel on a proper coastal highway. The point is that local residents had the opportunity to make representations to the inquiry, based on their understanding of the law at the time, but that is now being changed, after the fact, with little debate in this place. That is wrong. My hon. Friend the Member for South-East Cambridgeshire is right: the problem is that cultural heritage is not defined in the Bill. The concept is vague and we do not know what it means. Although his amendment would not remove wildlife from the new criteria that Natural England will have to take into account, it would nevertheless introduce a new confusion. Traditionally, wildlife has been dealt with by different instruments—through sites of special scientific interest—and not according to national park designations. Inclusion of the proposed criteria would further muddy the water. There are good reasons, to which the Minister will not be able to respond, why a South Downs national park is not the appropriate status for the area. It was already well managed by a joint conservation board and there have been three attempts to designate it as a national park. All failed due to the special nature of the downs, which are different from some other national parks. There is only limited open access; slightly less than 3 per cent. of the downs is open, compared with between 30 and 60 per cent. in other national parks. I fear that an attempt is being made to allow a designation of national park status that would not have been permitted under previous legislation, because the downs have always been regarded as unsuitable for that. I yield to no one in my desire to ensure that the south downs landscape is protected. It is important and superb, described by Arthur Mee in his famous ““The King’s England”” series of inter-war county books as"““the natural glory of our island””." Everybody would agree with that. The problem is the basis for the protection of the downs, and there are long-standing arguments about the democratic deficit that will be caused by designating it as a national park. For instance, it will involve a large number of planning decisions—far more than in any other national park. Despite my commitment to the downs landscape, it is not appropriate to designate the area as a national park. Local opinion is divided, but people are entitled to certainty. If they make representations to an inquiry they should know what the law is, and the House should not attempt to change the law retrospectively after the inquiry has been completed. That is important. If the amendment is accepted, the Minister should do the right thing and reopen the inquiry, especially if the area’s status is changed as proposed. If there are new criteria, local authorities and local people should be able to make representations based on them. The Minister should then make his decision. It is wrong to make such changes so late, on the back of this Bill, simply because the Government disagree with the result of a court case that will sit uncomfortably with the decision that they want to make about national park status.