Proposal regarding Galloway National Park (GNP): EIR release

Information requested

1. “What is the risk of GNP status causing locals no longer to be able to afford to remain living in the area, with the destruction of our communities and our towns becoming ghost towns in the winter with resident depopulation causing schools to close as has happened in other UK tourist hotspots and NPs. Given the criteria for community wellbeing, what plans are there to mitigate this and what plans are there to achieve this criteria?”

2. “We are very fortunate to live in an area with no parking charges. With such an increase in tourist traffic, parking will become a major issue. How likely is it that parking charges will be introduced and at what level? Even with parking charges how will not having any parking spaces allow locals to go about their daily business? Given how economically poor the area is how is it envisaged that car parking charges everywhere throughout the GNP area won’t be detrimental to the wealth of locals and exacerbate poverty? What plans are there to mitigate this?”

3. “What other costs are locals likely to be hit with?”

4. “How likely is it that business rates will be increased for shops? Is it true that GNPA did claim this as a revenue stream but have now no longer promote that claim? In other NPs shops providing local services have been put out of business and replaced by lots of shops all providing expensive designer label outdoor wear and overpriced restaurants, some with TV personality chefs that locals just can’t afford. Given the GNP criteria for local support and community wellbeing, what plans, if any, are proposed to mitigate this local highstreet change from local independent shops catering for locals and keeping money local to big chains catering for tourists and taking profits outwith the area, keeping the area poor?”

5. “Given that a major part of the local economy is farming, how will the GNP affect the local farming economy for better or worse, directly or indirectly? Why are Scottish Land and Estates and also the local NFUS branch against the GNP and what plans are there to mitigate their concerns? Will the GNP come under the National Park Act giving the GNP power to acquire land? Are new laws being sought re purchase of land within National Parks and if so how will this affect GNP?”

6. “What will be the economic effect on other non tourist industry in the GNP area, for better or worse, directly or indirectly?”

7. “What extra toilet facilities are planned and where? What extra camper van, caravan and camping facilities are planned and where and what will they entail? What budget has been put in place for this?”

8. “When walking my dog I have witnessed on numerous occasions what clearly looks like raw sewerage being pumped directly into the River Cree next to the Newton Stewart water treatment works, even when it hasn’t been heavily raining. With half a million more people defecating, what plans are there to upgrade the sewerage infrastructure? What budget has been put in place for this?”

9. “In many rural parts of the GNP area, the Galloway Forest Park for example, mobile phone reception is non existent. What plans are there to improve this coverage for the expected increase in emergencies that an increase in tourists to these remote areas will bring?” 

10. “In general many infrastructure shortcomings are well documented in existing NPs and the NC500 etc. with major effects on the area and on those who both live there and visitors alike. What is the action plan to avoid these, how will it be implemented, what will it cost and who will be paying?”

11. “How will a GNP affect those living just outside the border of the Park in terms of tourism, property prices and rental availability with the anticipated increase in second homes and airbnbs, car parking facilities and other infrastructure (based on current National Park experience)? Will those living just outside the area but who are surrounded by the area and whose lives will be affected by the area (e.g. Dalbeattie and Castle Douglas) have their opinions taken into account? If not why not as they will clearly be affected?”

12. “What are the “ambitions” of GNP that Finlay Carson refers to in his letter to constituents and how were they arrived at and by whom? Which local residents were consulted on re these
ambitions? Who gains from these ambitions? He states, I quote, “As confirmed in my meeting with NatureScot, if there was to be new National Park, there is no way it could operate in the same way as existing parks, either in Scotland or south of the border, because of the hugely different pattern and intensity of land-use and higher population we have in Galloway. Any new National Park plan need to be completely different from any existing park and tailored to best suit the area.” What are the details of how it will be different? Or is this political hot air with no substance to proactively deflect legitimate concerns given how unpopular current NPs are with those who live within them? What guarantee will there be that the undisclosed proposed differences will successfully address these issues rather than make matters worse?”

13. “How much will the GNP CEO get paid and how many of the board live within the GNP area? How accountable are they and to whom? How will the board be appointed and will any of them have any connection with the incompetent running of Moat Brae, which wasted millions in tax payers money, much of which lined their pockets, and which sadly proved never to have a competent, viable business plan as despite all the grants, it failed? Will the GNP be similarly run and what will be in place to prevent this and ensure it offers value for money and achieve its aim?”

14. “How will the success or otherwise of GNP be monitored and by whom? If the GNP is seen to be detrimental to our beloved area what is the process, if any, of withdrawal from NP status?”

Response

As the information you have requested is ‘environmental information’ for the Purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Questions 1 & 11

On 22 July 2024 the Cabinet Secretary for Rural Affairs, Land Reform and Islands announced a proposal to establish a new National Park in Galloway. Further investigations into the area’s suitability will now commence. More information can be found here.

At this stage it is still a proposal. NatureScot has begun its investigation into the proposal for a new National Park in Galloway. This will involve extensive public consultation and stakeholder engagement over the coming weeks and months, including a formal 12-week public consultation starting in November 2024. Local residents, communities, businesses, public bodies and other interested parties including representatives from the agriculture, forestry and other land-based sectors in the area will be invited to get involved and share their views on whether Galloway should become a new national park and where the boundary for the new park should be drawn.

Alongside the reporter investigation and public consultation into the proposal that will be undertaken by NatureScot (which is due with Scottish Ministers in April 2025), the Scottish Government is starting work on a series of impact assessments. These will include:

• A Business and Regulatory Impact Assessment (BRIA) to assess the potential costs, benefits and risks that the proposal may have on the public, private, third sector or regulators;
• A Strategic Environment Assessment (SEA) to assess the likely significant environmental effects of the proposal;
• An Equality Impact Assessment (EQIA) to assess the potential impacts of the proposal on the equality groups;
• A Child Rights and Wellbeing Impact Assessment (CRWIA) to assess the potential impacts of the proposal on the rights and wellbeing of children and young people; and
• A Fairer Scotland Duty assessment to assess how the proposal could potentially reduce inequalities of outcome caused by socio-economic disadvantage.
• These impact assessments will be evidence-based and their results will help to inform any final decision on whether a new National Park should be designated in Galloway.

The above noted Impact Assessments will be published via the publications section of the Scottish Government website once they have been completed.

You may also wish to review the Scottish Government’s More Homes publication which provides information on work to increase the number of homes across Scotland which can be found here. You may also find it helpful to review Dumfries and Galloway Council’s Local Housing Strategy which sets out the council’s approach to deliver housing and related services and can be found here.

Question 2

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested as availability of parking and parking related charges would be a matter for Dumfries and Galloway Council to address. Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

You may wish to contact Dumfries and Galloway Council to request the information you are seeking. Contact information for Dumfries and Galloway council can be found here.

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.

Wider guidance on the Environmental Information regime can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information
Commissioner Briefings and Guidance document. Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.

Question 3

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested as you have not specified what the costs in your question are related to. Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information. 

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.

Wider guidance on the Environmental Information regime can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information
Commissioner Briefings and Guidance document. Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.

Question 4

Non-domestic rates are a tax on non-domestic properties to help pay for local council services. They are calculated by multiplying the rateable value of a property by the relevant tax rate and applying any appropriate reliefs. The valuation of all non-domestic property in Scotland is a matter for the Scottish Assessors who are independent of central and local government. The role of the Assessor is to use the established legal framework to determine premises’ rateable values based on the notional rental value that they could be expected to attract on the open market if they were vacant and to let. Rateable values are updated periodically at revaluations to reflect changes in the property market. The last revaluation was on 1 April 2023 and the next will take place on 1 April 2026.

Decisions on non-domestic property rates are considered by Scottish Ministers in the context of the  Scottish Budget, while local authorities are responsible for the administration and collection of nondomestic rates, including billing. The Scottish Government is unable to comment on statements made by other bodies. Further information on how non-domestic rates are calculated can be found on the Scottish Government’s website.

I would also note that as highlighted in our response for Question 1 above, the Scottish Government will conduct a series of impact assessments which will inform any final decision on whether a new National Park should be designated. These will be published via the publications section of the Scottish Government website once they have been completed.

Question 5

As highlighted in our response for Question 1 above, at this stage the new National Park is still a proposal. NatureScot has begun its investigation and this will involve extensive public consultation and stakeholder engagement over the coming weeks and months, including a formal 12-week public consultation starting in November. We want local residents, communities and businesses to have their say on whether Galloway should become Scotland’s next National Park and what role a new Park could play in supporting economic growth, community development and environmental protection. The detail of how a Park would operate and be governed, what powers it would have and options for the boundary are all up for discussion.

More information is available here: Have Your Say Today - Galloway National Park Information Hub - Commonplace. As we have set out in our proposal, if there is to be a new National Park in Galloway, it would be established in accordance with the provisions of the National Parks (Scotland) Act 2000.

Question 6

As highlighted in our response for Question 1 above, the Scottish Government will conduct a series of impact assessments which will inform any final decision on whether a new National Park should be designated. These will be published via the publications section of the Scottish Government website once they have been completed.

You may wish to review the Scottish Government’s Future of National Parks: Strategic Environmental Assessment report published on 21 September 2023 which provides information and background on the proposal for a new National Park in Scotland that you may find helpful.

These impact assessments will be evidence-based and their results will help to inform any final decision on whether a new National Park should be designated in Galloway.

Questions 7 & 10

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested. The new National Park in Galloway is currently at proposal stage and is subject to a detailed reporter investigation and public consultation to seek views on whether there should be a new National Park and what the proposed boundary, powers, functions and governance arrangements could be. Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.

Wider guidance on the Environmental Information regime can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information
Commissioner Briefings and Guidance document. Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.

Question 8

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested as availability of parking and parking related charges would be a matter for Dumfries and Galloway Council to address. Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

You may wish to contact Dumfries and Galloway Council to request the information you are seeking. Contact information for Dumfries and Galloway council can be found here.

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.

Wider guidance on the Environmental Information regime can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information
Commissioner Briefings and Guidance document. Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.

Question 9

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested as mobile phone reception (coverage) would be a matter for mobile network operators. Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

It may help if I explain that though the Scottish Government’s Scottish 4G Infill (S4GI) Programme is complete, with 55 masts now live, we are unable to advise on whether there are any commercial plans to further extend mobile coverage in the Galloway National Park area. This is because mobile network operators do not share their future coverage plans with the Scottish Government.

The area may however benefit from further development under the UK Government’s Shared Rural Network (SRN) programme. This aims to deliver further 4G coverage to 95% of the UK’s landmass – equating to 91% geographic coverage in Scotland, an increase from the current level of 82%. 

As this is not a Scottish Government initiative, we are unable to provide further details however more information on the SRN can be found at https://srn.org.uk/. We continue to engage with the UK Government and its delivery body to fully understand the benefits of SRN to Scotland and encourage it to adopt lessons learned from S4GI for the benefit of Scotland.

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.

Wider guidance on the Environmental Information regime can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information
Commissioner Briefings and Guidance document. Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.

Question 12

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested as we would not be able to comment on any actions attributed to Members of the Scottish Parliament (MSPs) who are outwith the Scottish Government. Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

You may wish to contact NatureScot to request the information you are seeking. Contact information for NatureScot can be found here.

I would also highlight that the new National Park in Galloway is currently at proposal stage and is subject to a detailed reporter investigation and public consultation to seek views on whether there should be a new National Park and what the proposed boundary, powers, functions and governance arrangements could be.

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.

Wider guidance on the Environmental Information regime can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information
Commissioner Briefings and Guidance document. Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.

Question 13

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested. Decisions by the Galloway National Park Association in relation to board member appointments and staff remuneration would be at their own discretion. Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

Within our proposal we have been clear that specific consideration should be given to ensuring that a new National Park in Galloway is cost efficient, provides value for money and meets the needs of local communities. It should also contribute to the public sector reform agenda, for example through the use of shared services with other public bodies.

Through the forthcoming public consultation we will seek people’s views on the detail of how a new National Park would operate and be governed as well as the potential powers and boundary.

Local representation on National Park Boards is fundamentally important. If there is to be a new National Park in Galloway, it would be designated under the National Parks (Scotland) Act 2000. This legislation provides that at least 60% of National Park authority board members should be either elected locally or nominated by the local authority or authorities within the National Park boundary.

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.

Wider guidance on the Environmental Information regime can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information Commissioner Briefings and Guidance document. Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.

Question 14

National Parks are accountable to their boards and to the Scottish Government. The Scottish Parliament can also scrutinise the performance of National Parks authorities.

National Park authorities are required to produce a five year National Park Partnership Plan (NPPP) and their Corporate Plans are aligned to these. These plans, including the aims and objectives within them, are signed off by Ministers. National Parks regularly report to their boards on performance against the aims and objectives within their plans. National Park authority boards contain a mixture of Ministerial appointed, locally elected and local authority nominated members which adds a level of local accountability.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.