National Park

National Parks provide positive management and extra resources to safeguard and enhance the special qualities of these areas for the long term.

Developing new advice on National Parks

NatureScot been asked by the Scottish Government to work with them in establishing at least on new National Park by 2026, beginning with preparing further advice on what National Parks are expected to deliver for Scotland and how future areas can be selected for designation. Further background on this work can be found on the Scottish Government website. 

This is an exciting and challenging commission for NatureScot, but it is only part of the first non-statutory phase of work needed to allow Ministers to initiate the statutory process of National Park designation set out in the National Parks (Scotland) 2000 Act.  The time available for it is limited and we will need to move quickly now to develop this and finalise our advice by the end of November 2022.  We also need to do this in a way which facilities the futures stages of the engagement and consultation which will be required.

To help develop this advice we have established a National Park stakeholder advisory group. You can download the papers and confirmed notes.

We are currently planning to consult on draft proposals in September (details to follow).

Please feel free to contact the team in NatureScot leading this work on [email protected].

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Brief History of National Parks Proposals

1931

The Addison Committee propose the Cairngorms area for National Park status.

1945-7
Government Committees, chaired by Sir Douglas Ramsay, reviewed National Parks for Scotland and five prospective Park areas: Loch Lomond & the Trossachs, the Cairngorms, Glen Coe-Ben Nevis-Black Mount, Wester Ross and Glen Strathfarrar-Glen Affric-Glen Cannich.

1951
The 1949 legislation, which allowed for the establishment of National Parks in England and Wales, did not extend to Scotland but Government designated the five 'Ramsay' areas as National Park Direction Areas, which allowed for some extra scrutiny of development proposals within them.

1953
Cairngorms National Nature Reserve declared.

1958
Loch Lomond National Nature Reserve declared.

1975
The former Countryside Commission for Scotland (CCS) identified Loch Lomond & The Trossachs, the Cairngorms and Glen Coe-Ben Nevis as areas needing special management to care for their national importance.

1981
The National Park Direction Area designation was replaced, in part, by the new National Scenic Area designation. Of the 40 NSAs identified by CCS, two separate NSAs were identified for parts of Loch Lomond & the Trossachs and the Cairngorms had two adjacent NSAs – one covering the main Cairngorms massif, the other for upper Deeside and Lochnagar.

1988
Legislation passed in 1981 to create Regional Parks was used to establish a joint local authority-led Loch Lomond Park Authority - but excluding at this stage the Trossachs.

1991
The former Countryside Commission for Scotland, in reviewing Scotland's mountain areas, recommended National Park status for four areas: Loch Lomond & the Trossachs, the Cairngorms, Glen Coe-Ben Nevis-Black Mount and Wester Ross.

1991
In response to the CCS report, the Government established working parties for Loch Lomond & the Trossachs (chaired by Sir Peter Hutchinson) and the Cairngorms (chaired by Magnus Magnusson) to undertake a detailed review of the needs of the two areas.

1992
The report of the Cairngorms Working Party (Common Sense and Sustainability) recommended an approach based on a partnership of key interests and organisations, and this led to the proposal for the Cairngorms Partnership.

1993
The report of the Loch Lomond & the Trossachs working party (The management of Loch Lomond & The Trossachs) recommended an approach based on enhanced joint local authority working, but for a wider area than covered by Loch Lomond Park Authority, including the Trossachs.

1995
The government responded to both reports. In Loch Lomond & the Trossachs, it favoured the joint committee approach recommended by the ‘Hutchinson’ report, and the local authorities then set up a steering group to consider how matters might be pursued. In the Cairngorms, the Cairngorms Partnership is established.

1997
The new Government declared its intention to legislate for National Parks in Scotland and that Loch Lomond & the Trossachs and the Cairngorms should be Scotland's first Parks. SNH was invited to make proposals for a general model of a National Park appropriate to Scotland's needs, as a basis for legislation by the new Scottish Parliament.

1998
The local authorities of Stirling, West Dunbartonshire and Argyll created the Loch Lomond & the Trossachs Interim Committee, as a basis for working towards a National Park for the area.

1999
The government accepted the general National Parks proposals, developed by SNH after wide-ranging consultation, as the basis for legislation by the new Scottish Parliament and the matter became part of the new Parliament's first legislative programme.

2000
Following a debate in Parliament, the National Parks (Scotland) Act 2000 passed into law in August, and soon thereafter Government invited SNH to act as a reporter for its proposal to create National Parks for Loch Lomond & The Trossachs and the Cairngorms.

2002
Lomond & The Trossachs National Park was established.

2003
Cairngorms National Park was established.

Read National Parks in Scotland ­– Advice to Scottish Government in 1999

Key steps in developing Scotland’s first two National Parks

In 1997, Government announced that National Parks should be established to care for some of Scotland's most special places, and proposed that the first should be in Loch Lomond and the Trossachs, followed soon after by the Cairngorms.

The matter of what kind of National Parks Scotland should have was debated during 1998 through a consultation process led by SNH on behalf of Government. SNH's advice to Government in 1999, formed the basis of draft legislation debated by the Scottish Parliament in the early Summer of 2000.

On 5 July 2000 Scotland's Parliament unanimously passed the National Parks (Scotland) Bill and on 9 August 2000 it received Royal Assent. The National Parks (Scotland) Act 2000 provides the Parliament with the ability to create National Parks in Scotland in any location deemed to be appropriate.

Key steps in the development of the specific proposals for Loch Lomond and Trossachs and the Cairngorms National Parks, including consultation,

Ministers considered SNH's recommendations regarding Loch Lomond and Trossachs and issued a draft Designation Order for consultation in June 2001. The Designation Order for Loch Lomond and Trossachs was subsequently passed by the Scottish Parliament on 24 April 2002 and the new Park was officially opened on 19 July 2002.

Ministers Considered SNH's recommendations on the Cairngorms and issued a draft Designation Order for consultation in May 2002. The Designation Order for Cairngorms was subsequently passed by the Scottish Parliament in December 2002. The new Park Authority was formally established on 25 March 2003, and becomes fully operational on 1 September 2003

Selection and designation

The National Parks (Scotland) Act 2000 provides the framework to establish National Parks in Scotland.

The Act includes three conditions that an area proposed for National Park designation must meet:

  1. that the area is of outstanding national importance because of its natural heritage or the combination of its natural and cultural heritage,
  2. that the area has a distinctive character and a coherent identity, and
  3. that designating the area as a National Park would meet the special needs of the area and would be the best means of ensuring that the National Park aims are collectively achieved in relation to the area in a coordinated way.

The designation process set out in the Act includes assessment and consultation by a reporter appointed by Scottish Ministers.  The creation of each Park also requires further consultation prior to approval by the Scottish Government.

The Act provides for the establishment of marine or coastal National Parks and provides an order making power to allow for tailoring of the designation order to meet the specific needs of such areas. The Act also provides for full consultation with relevant interests within any part of the National Park area consisting of the sea.

Summary of the statutory process for establishing a National Park

Individuals and organisations may propose a National Park for an area, or be asked by Scottish Ministers to comment on the case for one

Scottish Ministers consider the case for a National Park

Step 1

  • Scottish Ministers make a statutory ‘proposal’ to establish a National Park in an area and invite a Reporter to advise on the ‘proposal’.
  • Written proposals and requirements

Step 2

  • Individuals and organisations contribute their views as part of the consultation process
  • The Reporter undertakes a public consultation lasting for at least 12 weeks and prepares advice taking into account based on the views expressed during the consultation.
  • Public consultation document

Step 3

  • The reporter advises Scottish ministers and its advice is published
  • Published advice

Step 4

  • Ministers decide to hold a public enquiry
  • Individuals and organisations contribute their views as part of the consultation process
  • Scottish Ministers consider the Reporter’s advice (and findings of PLI if necessary) and prepare a draft designation order based on it
  • Enquiry report

Step 5

  • Individuals and organisations contribute their views as part of the consultation process
  • Scottish Ministers undertake a public consultation on the draft designation order lasting at least 12 weeks
  • Public consultation document

Step 6

Scottish Ministers consider the consultation responses and revise the draft designation order. They also prepare a report of the views expressed during the consultation and how they have or have not been addressed in the revision of the designation order

Step 7

  • Scottish Ministers lay the draft designation order and consultation report before Parliament
  • Designation order and consultation report

Step 8

  • Individuals and organisations can give their views to constituency MSPs and provide evidence to Parliamentary Committees
  • Parliament considers the draft designation order and consultation report

Step 9

  • Parliament approves or rejects the draft designation order
  • A National Park is legally established

Step 10

  • Individuals on the electoral role vote in direct elections. Individuals and organisations comment on the proposed appointments of Scottish Ministers
  • A National Park Authority is established. Places are filled by direct elections, appointments by the Scottish Ministers and nominations by local authorities.

Notes

Individuals and organisations include: public agencies, local authorities, community councils, voluntary bodies and those individuals and organisations who are representative of those who work or carry out business in the area to which the proposal relates.

Rather than appoint a reporter at Step 1, Scottish Ministers may chose to undertake the consultation on the proposal themselves.

The legislation also sets out a similar approach to revising designation orders (for example to amend the boundary to increase the size of the Park area) or withdrawing them.

Protection and management

The Act states that the aims of National Parks are to:

  • conserve and enhance the natural and cultural heritage of the area
  • promote sustainable use of the natural resources of the area
  • promote understanding and enjoyment (including enjoyment in the form of recreation) of the special qualities of the area by the public
  • promote the sustainable economic and social development of the areas' communities

Where these aims conflict, the relevant National Park authority must prioritise the first of these aims.

Each National Park has its own National Park authority responsible for writing a national park partnership plan and working with everyone involved in managing the Park to ensure its implementation.

Each National Park Authority is an executive non-departmental public body (NDPB) directly funded by the Scottish Government and reporting to Scottish Ministers. They have powers to further the Park's aims including:

  • providing advice and assistance and giving grants
  • entering into management agreements and making bylaws and management rules
  • buying and managing land either by agreement or by compulsory purchase
  • general arrangements for access, provision to make access orders and access agreements;
  • providing information, education and ranger services and facilities

The Act also allows for Park Authorities to have different powers and functions (including development planning and management) depending on the specific planning and management needs of the area.

Each National Park also has a board, made up of:

  • ministerial appointments
  • local authority ward members
  • local residents elected by the community

Boards are limited in size by legislation to:

  • 17 members for the Loch Lomond and The Trossachs National Park
  • 19 members for the Cairngorms National Park