Ahead of Dumfries and Galloway Council Special meeting on Wednesday 5 February, No Galloway National Park have written to the councillors once again to highlight their concerns about the proposed Galloway National Park and the uncertain legislative landscape.
Letter in full:
29.01.25
We are disappointed to see that Dumfries & Galloway Council’s officers have drawn up what looks like tacit approval of the principle of a National Park for the area for next Wednesday’s special meeting, but we also note the draft response has significant caveats.
In particular, we would draw your attention to the following answers:
Q2b: Building on existing activity such as the Biosphere and the recently established Natural Capital Innovation Zone and strengthening existing partnerships rather than creating a new statutory body along the lines currently proposed could enable a more flexible approach responsive to the needs and aspirations of the region.
This is the point we have been making all along, that there is no need for a new statutory organisation because the structure already exists to achieve most of what park supporters say it might deliver.
Q8b: It would be appropriate for the National Park to be a statutory consultee for planning applications but without the ability to call in significant applications as is currently the case for the Cairngorms NP. It was considered that this could create conflict and undermine the Local Authorities (sic) role to make the appropriate decision.
Again, we have consistently argued that a National Park, as laid out in legislation, has the potential to undermine your authority as local representatives and scrutineers.
You should have recently received a letter and poster outlining the key reasons to vote against the creation of a National Park, but there is an additional issue that raises significant concerns about the consultation process and makes it virtually redundant.
Between September and December 2023, the Scottish Government consulted on a proposed Natural Environment Bill. A key part of this consultation ─ Section Seven ─ focused on National Parks and proposed changes to their aims and governance.
One passage on strengthening public bodies’ obligations to a National Park is particularly relevant:
“Public bodies operating within the National Park have an obligation to actively support and contribute to the implementation of National Park Plans, for example in relation to expanding woodland, restoring peatland and important habitats, maintaining the fabric of historic buildings, developing nature-based jobs and skills, encouraging nature-friendly farming, addressing housing needs, managing visitor pressures, improving public transport and active travel, and increasing accessibility.”
This highlights a potential shift in responsibilities, with public bodies required to take a more active role in implementing National Park Plans. The impact on Council powers and local decision-making would be significant.
The results of this consultation have not been published, and the Scottish Government has yet to draft the Natural Environment Bill or provide a legislative timeline. It is therefore troubling that the consultation process continues when there is significant uncertainty about the legal underpinning of the whole National Park concept.
Moreover, it is unclear whether the Scottish Government intends to introduce legislation to establish a Galloway National Park in parallel with the Natural Environment Bill. Proceeding in this manner would raise further serious questions about how any meaningful consultation can take place without certainty around the legislative framework.
We have written to the Cabinet Secretary to express these concerns, but we believe it is important that you are aware of this issue ahead of your meeting next Wednesday to discuss the Council’s response to NatureScot’s consultation.
While the Council’s draft response indicates a preference to support a park on a non-statutory basis, the legal landscape on which the consultation is based is far from clear and the process therefore wide open to challenge.
You have previously voted to call for a referendum on any decision to proceed and we would now urge you to call on the Scottish Government to halt the consultation until there is much more certainty about what it is you are being asked to decide.
