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All
Party
Parliamentary
Group
Coastal
and
Marine
Coastal
Access
Briefing
–
May
2009
Background
The
intention
of
the
coastal
access
sections
of
the
Marine
and
Coastal
Access
Bill
)
is
to
implement
the
Government
commitment
to
achieving
a
continuous
coastal
path
around
the
English
coast.
The
Countryside
and
Rights
of
Way
Act
(2000)
created
the
concept
of
Access
Land
and
made
provision
for
its
extension
to
provide
for
coastal
access
However,
studies
by
Natural
England
(http://www.naturalengland.co.uk/ourwork/enjoying/places/coastalaccess/improvingcoastalaccessreport.aspx
)
demonstrated
that
a
separate
piece
of
legislation
would
be
required,
which
has
now
been
presented
in
the
Marine
and
Coastal
Access
Bill.
This
briefing
note
is
one
of
a
series
produced
by
CoastNet
on
behalf
of
the
All
Party
Parliamentary
Group
Coastal
and
Marine
regarding
the
Marine
and
Coastal
Access
Bill.
It
is
neither
a
full
minute
of
the
meeting
upon
which
it
is
based,
nor
a
comprehensive
analysis
of
the
Legislation
discussed.
Rather,
it
is
a
note
to
highlight
certain
issues
that
might
be
of
interest
to
MPs
and
others
as
the
Bill
passes
through
the
House
of
Commons.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
The
need
for
coastal
access
legislation
Natural
England’s
advice
to
government
9022.pdf )
recommended
new
legislation
to
achieve
the
Government’s
vision
for
coastal
access:
“A
coastal
environment
where
rights
to
walk
along
the
length
of
the
English
coast
lie
within
a
wildlife
and
landscape
corridor
that
offers
enjoyment,
understanding
of
the
natural
environment
and
a
high
quality
experience;
and
is
managed
sustainably
in
the
context
of
a
changing
coastline.”
Experience
shows
that
much
can
be
done
with
voluntary
agreements
but
that
legal
measures
are
required
where
landowners
and
occupiers
are
uncooperative
and
voluntary
agreement
cannot
be
reached.
www.coastnet.org.uk
The
bill
should
provide
for
the
following
outcomes:
Continuity
(of
the
route)
Consistency
(of
the
route
and
the
rules
under
which
it
is
governed)
Clarity
(for
landowners
and
users)
Confidence
(for
landowners
and
users)
Stakeholder
engagement
Natural
England
claims
to
have
followed
a
policy
of
“no
surprises”
for
major
stakeholders,
and
it
is
clear
that
Natural
England
have
undertaken
very
thorough
consultation
with
major
stakeholders.
See:
Coastal
access
report
home
page
http://www.naturalengland.co.uk/ourwork/enjoying/places/coastalaccess/improvingcoastalaccessreport.aspx,
Stakeholder
workshops
summary
9065.pdf ).
The
‘scheme’
for
the
implementation
of
the
policy
has
been
tested
in
four
case
study
areas,
and
additional
testing
and
policy
development
is
on
‐
going.
Benefits
of
the
Bill
The
National
Trust
highlighted
four
benefits
of
the
Bill
from
its
particular
perspective
as
a
major
coastal
landowner:
•
to
provide
clarity
and
certainty
in
a
changing
world
•
to
remove
barriers
to
keeping
existing
paths
in
place
•
to
remove
obstacles
to
the
coastal
path
on
adjacent
land
and
so
help
deliver
a
continuous
route,
and
thus
help
the
Trust
and
its
tenants
to
maximise
the
economic
opportunities
provided
by
the
path
•
the
proposed
corridor
provides
a
landscape
scale
to
management
and
the
basis
for
integration
with
other
management
programmes.
One
of
the
general
benefits
to
the
public
will
be
to
overcome
the
issue
of
trespass
on
or
on
the
route
to
many
beaches
and
cliffs
and
so
opening
access
to
a
much
wider
group
of
users
than
simply
walkers.
For
example,
anglers,
climbers,
canoeists
and
many
other
groups
have
taken
a
keen
and
supportive
interest
www.coastnet.org.uk
in
the
Bill.
Some
groups,
however,
seek
to
ensure
higher
rights
for
users
of
the
path
itself
(e.g.
horse
‐
riders,
cyclists)
than
are
provided
for
in
the
Bill.
Outstanding
legal
concerns
Important
legal
issues
remain
outstanding
regarding
the
rights
and
liabilities
of
landowners
and
others.
Specifically:
1
‘Relevant
interests’
“Defining
the
relevant
adversely
affected
interests
is
vital,
because
of
their
specific
position
in
the
‘fair
balance
test’,
their
specific
rights
within
the
consultation
and
appeal
processes
and
ultimately
to
ensure
Human
Rights
Act
compliance.”
Chris
Willmore,
University
of
Bristol.
The
issues
concern:
•
What
is
a
‘relevant
interest’?
•
What
is
the
‘affected
land’?
The
Bill
is
not
clear
on
these
two
points
(see
Annex
I
for
more
detail),
which
represents
a
potentially
significant
weakness
in
relation
to
Human
Rights
Act
compliance.
2
Excepted
land
The
question
of
compensation
also
arises
in
the
context
of
HRA,
in
relation
to
persons
whose
interests
may
be
severely
affected.
In
particular
Willmore
highlights
the
removal
of
the
20
metre
‘cordon
sanitaire’
around
domestic
and
industrial
properties.
Again
see
Annex
I
for
more
detail.
3
Standards
for
occupier’s
liability
Willmore
draws
attention
to
standards
for
occupier’s
liability,
of
which
there
appear
to
be
several.
The
various
implications
of
this
multiplicity
of
standards
include:
•
A
walker’s
rights
changing
at
various
points
along
the
path
depending
upon
its
status
(public
right
of
way
or
Coastal
Margin
Access
Land)
•
A
walker’s
rights
changing
within
the
corridor
of
the
path
•
The
possible
proliferation
of
signage
to
give
notice
to
these
changes.
The
bigger
picture.....
Notwithstanding
Natural
England’s
efforts
to
engage
with
stakeholders
has
enough
been
done
to
engage
communities
directly?
A
debate
regarding
the
wider
priorities
for
government
spending
on
the
coast
seems
long
overdue.
www.coastnet.org.uk
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