Lake District National Park Authority
Summary of Purposes and
Access and Rights of
Way Policy
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The two Statutory Purposes of National Park Authorities define our role:
- conserving and enhancing the natural beauty, wildlife and cultural heritage of the National Parks; and
- promoting opportunities for the understanding and enjoyment of the special qualities by the public
Section 61, Environment Act 1995
Legislation can apply specific duties to the LDNPA but these never override the statutory purposes.
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LDNPA - Local Plan [May 1998]
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A Special Place [1]
[1.1]
The Lake District National Park is recognised nationally and internationally as a special place.
It possesses a unique combination of spectacular and rugged fells penetrated by valleys, tarns
and lakes - an area of intrinsic landscape beauty. It has been and remains a source of
inspiration for writers, painters and naturalists but above all it has provided pleasure to millions
of people, pleasure that is derived from the relatively wild and beautiful countryside, remote in
parts, often peaceful and quiet.
[1.2]
The Government has long recognised the importance of National Parks. In its first
comprehensive White Paper on the Environment - ‘This Common Inheritance' - it stated:
"Our National Parks are the jewel in the countryside’s crown and contain some of our most wild
and beautiful landscapes .... They are important in themselves and set standards for the
countryside as a whole..... The Government will continue to give the protection of the Parks the
highest priority..... The Government has encouraged the Park authorities to prepare Park-wide
development plans to ensure that their outstanding environmental quality is taken fully into
account when proposals for new development are considered." (Para 7.48-7.50)
[1.3]
The National Park Authority (NPA) has a duty to safeguard the Lake District’s special qualities
and to ensure the highest level of protection of its landscape and scenic beauty for the benefit of
future generations. The Lake District is one of the ‘jewels’ in the countryside’s crown and with
its statutory designation as a National Park is acknowledged to warrant special treatment within
the land use planning system. The twin purposes of designation - to preserve and enhance
natural beauty and to promote public enjoyment (as stated in the National Parks and Access to
the Countryside Act 1949) have been redefined by Section 61 of the Environment Act 1995
(paragraph 1.6 over). The NPA also enjoys a further responsibility to foster the social and
economic well-being of the area. Since 1991 the NPA has been required to produce a Park-wide
Local Plan which must have regard to national and regional policy guidance and be in general
conformity with the Cumbria and Lake District Joint Structure Plan.
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Public Rights of Way [11.13]
- They are arguably the most important recreation resource throughout the whole of the National Park
- It is important that these rights of way are safeguarded
- The NPA has delegated responsibility to ensure that these rights of way are
maintained and will
resist proposals which would prejudice the amenity of footpaths and bridleways or lead to their closure
or unreasonable diversion
and enhance opportunities for the quiet enjoyment of Lake District
Policy S5 - Public Rights of Way
- Development which would adversely affect the amenity of the special qualities afforded by public rights of way will
not normally be permitted
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Pedestrians [10.30 - 10.32]
- [10.31] The Obstruction of public rights of way is an offence under the Highways Act and proposals
must therefore take in to account possible effects on the network.
- [10.31] Developments which will affect public rights of way must incorporate measures for the
protection of such rights of way
- [10.32] The needs of pedestrians and disabled persons should, where appropriate, be met in
proposed developments and within the highway network
Policy TR8 - Accessibility
- Proposals should make suitable access provision in the design and layout to provide for the
needs of pedestrians and those in wheelchairs
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LDNPA - Management Plan [October 1998]
Managing Existing Rights of Way [7.39 - 7.40]
- [7.39] Landowners have responsibility to respect rights of way
- [7.39] The National Trust,
Forest Enterprise and North West Water play invaluable roles in
maintaining
routes in good order on their own land
- [7.40] The time required for the National Park Authority to deal with obstruction, process diversion orders etc, is considerable
- [7.40] Obstruction of rights of way will always be treated as a priority for action
[7.40] The National Park Authority will work with landowners to ensure that wherever possible all public
and agreed permitted paths are:
- subject to adequate routine maintenance to prevent more serious problems developing
- unobstructed and passable. This requires dealing with unintentional and wilful obstruction, as
well as where the mapped route is at odds with the situation on the ground
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Accessibility and Disabled People [4.34 - 4.36]
- [4.34] The limits on access opportunities faced by disabled people should not be aggravated by
man-made obstacles. Indeed the removal of such obstacles generally benefits everyone.
- [4.34] Access for All is therefore the policy adopted by the National Park Authority for
improving facilities to benefit disabled people
- [4.35] the Lake District does not readily permit access to people of impaired mobility, and to provide easy
access would be both extremely costly and have a potentially serious impact on the character of the areas
concerned
- [4.35] It is more important therefore that opportunities for providing access easily and simply should be taken
The National Park Authority will:
- [4.34] continue to give sympathetic consideration to the needs of disabled people, including the need to give them as much
independence as possible
- [4.34] encourage other organisations to give similar consideration
- [4.34] liase with local disabled persons organisations in order to ensure that requirements are properly identified
- [4.36] continue to develop and promote the network of pathways suitable for disabled people, including routes for wheelchairs
over significant distances
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LDNPA - Corporate Plan [2001/2002]
Summary of our objectives - Recreation Management:
- Promote and manage access to the National Park and maintain the footpaths and other rights of way
- Safeguard and enhance opportunities for the quiet enjoyment of Lake District
- Pursue suitable opportunities to extend access for quiet enjoyment and consider the needs of the disabled
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LDNPA - Strategic Review [2000 - 2005]
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Recreation Management [3]
Key Policies and Objectives
- Seek to safeguard and enhance opportunities for the quiet enjoyment of the Lake District
and pursue suitable opportunities to extend access for quiet enjoyment
- Continue to give sympathetic consideration to the needs of people with disabilities, including
the need to give them as much independence as possible
Implementation Priorities
- Repair and maintain rights of way
- Repair erosion problems on the footpath, permitted path, bridleway and byway network
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LDNPA - Complaints
An action of maladministration can be brought against the LDNPA if:
- did not follow its own rules or the Law
- did not make a decision in the correct way
- took too long to do something
For more information contact the Local Government
Ombudsmen
If you want to know more about the Local Government Ombudsman and how
successful complainants are against the Local Authorities then check out the
OmbudsmanWatch
site.
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