National Park expansion 'will cause problems for those seeking or implementing development rights'

The announcement that the Yorkshire Dales and Lake District National Parks are expanding as of 1st August 2016, brought much excitement, however as Tom Woof, Head of Planning at H&H Land and Property, explains there are some issues that have not been fully considered.

“There will be some unintended consequences of the expansion of the two National Parks, for those who are applying for, or are already underway, with exercising their Class Q development right to change an agricultural building to a dwelling.

Essentially the development right will expire on 1st August 2016 in the expanded National Park areas. These rights are not the same as planning consents which can persist after the National Parks are expanded. So any work that has not been completed by the 1st August will become unlawful and could be subject to enforcement action by the National Park Authorities.”

However the Environment Act gives the Secretary of State the powers to make Transitional Provisions, meaning arrangements can be made to smooth the transition from not being a National Park to being one.

Tom continues: “The problem that we have now is that time is moving on, and people considering investing time and money into the exercising these rights really need to know as soon as possible whether any provision will be made for those already in the process when the National Parks expand on 1st August. The Government needs to act quickly with publishing their regulations in order that any confusion over the way this process will be managed can be minimised.

“If sensible provisions are not made there could be considerable confusion for farmers and landowners seeking these rights, and for potential purchasers and their solicitors who hope to invest in these properties. Of course the issue is not only one of convenience and the smooth management of regulations for those involved, the economic impact of not enabling the these barn conversions in the expanded Park areas would equate to around £30m investment in the area over a three year period. This represents a significant investment in the area which is seeking to increase wages, skills and economic prosperity.”

Read more on this subject: Lakes and Dales decision creates largest area of English national park land giving boost to rural economies