Norfolk and Suffolk Broads

Debate between Keith Simpson and Chloe Smith

Wednesday 8th July 2015 Westminster Hall

[Mr Simpson]

My hon. Friend and I made that point in 2006-07 when another broads Bill was going through the Commons. He is quite right to say that the Sandford principle tries to balance the working side of national parks with the environment, but at the end of the day the environmental principle is more important. We have all been lobbied by people who are concerned that if the broads take the name of national park—which, it is argued, would not change the unique status of the broads—things would change. My hon. Friend is correct. The functions of the Broads Authority, which manages the broads, are:

“Conserving and enhancing the natural beauty, wildlife and cultural heritage of the Broads; Promoting opportunities for the understanding and enjoyment of the special qualities of the Broads by the public;”

and

“Protecting the interests of navigation”.

That balance must be maintained. Over the past 10 or 15 years, perhaps understandably, the Broads Authority and others have attempted to rebrand the broads as a national park. Indeed, many members of the public may think that it is a national park. There has been some confusion in the minds of many who live and work in the broads and elsewhere in Norfolk about the status of the broads as a member of the national parks family, and whether that has legally changed.

Lord de Mauley, when he was a Minister, explained in a letter that the Broads Authority could call itself a national park, but that that would not alter the legal status of the broads. That is a fine piece of sophistry worthy of Charles Dickens, whose great legal battle of Jarndyce v. Jarndyce will be familiar to many. It is not simply a debating point, however; it is a point of law. As my Norfolk and Suffolk colleagues know, two people are seeking a judicial review—I will not go into details—of the rebranding of the Norfolk broads as a national park. I want to press the Minister for a precise legal view from the Department, which is responsible for the overall governance of the broads, in relation to the rest of the national parks.

[Chloe Smith (Norwich North) (Con)]

I hesitate to interrupt my right hon. Friend’s flow, but I want to ask him one question before he moves on from governance. My constituency neighbours his, and it is said to be home to the gateway to the broads in Thorpe St Andrew, so urban problems arise as well as rural ones. The Broads Authority is also a planning authority. Does my right hon. Friend think that it has the capability and capacity to deal with planning matters and enforce decisions? The Minister has received correspondence from me on that point.

[Mr Simpson]

My hon. Friend raises a good point. The planning department in the Broads Authority has considerable powers, and I would like the Department to examine that. That leads me on to my second point, which is the governance of the broads.