The 'Hinton Park ruling' about the definition of ‘natural beauty’ that could prevent the South Downs from being declared a national park is being heard in the Court of Appeal today. It has implications for Brighton & Hove as well as the South Downs.
A judgement (see earlier story in Knowledgebase Brighton’s South Downs boundaries may have to change. 16th February 2006) was delivered by an earlier hearing that landscape that had been influenced by man could not be deemed ‘natural’ and consequently was outside the criteria in the 1949 National Parks and Access to the Countryside Act.
The case was brought by the owners of the 6,000 acre Hinton Park estate in the New Forest.
The Court of Appeal will consider the verdict in the light of the amendments to the Natural England and Rural Communities Bill which were hastily added after the court case to clarify the definition of natural beauty.
It has implications for the city because the preferred site for a new park and ride facility is a few hundred metres inside the proposed South Downs National Park at Braypool. If the site is designated as a national park planning control will be the responsibility of the new park authority.
Since there is very little landscape in the UK that has not been influenced by man’s activity over the past two thousand years it is unlikely that the case will still stand after today’s hearing.
If the Court of Appeal rejects the decision of the earlier court the path will be cleared for the South Downs to be designated a national park in 2008.
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