Memorandum submitted by the British Mountaineering
Council (DMB 25)
EXECUTIVE
SUMMARY
This submission is made by the British Mountaineering
Council (BMC) on the coastal access provisions of the Draft Marine
Bill, on the request of the Environment, Food and Rural Affairs
Committee.
The BMC is the representative body for climbers,
hill walkers and mountaineers in England and Wales with some 63,000
members, many of whom participate in a range of activities along
the coast including walking, sea cliff climbing and coasteering.
The BMC is a statutory consultee under CROW.
— The BMC supports the Government's
vision for coastal access as set out in the Draft Marine Bill.
The recognition that open-air recreation is intrinsically valuable
and that the unique qualities of the coast of England have always
made it a focus for recreational activities, is key to the coastal
access vision.
— The BMC supports the new legislation
approach because, in our view, it is the only option that can
deliver a right of access for open air recreation along the English
coast.
— Exceptions from the access right
and deviations to the route must only be made where there is clear
evidence that this is necessary.
— The Draft Bill should be amended
to allow statutory consultees under CROW who can demonstrate that
they are actively involved in the management of coastal access,
to submit a response in relation to management issues, exclusions
and restrictions relevant to Natural England's reports.
— The provisions in the Draft Bill
strike an appropriate balance between the rights of access and
the rights of owners and occupiers.
— The public perception is that estuaries
are an integral part of the coastal landscape and are not separate
from it. The coastal margin should extend to the normal tidal
limit, subject to a crossing point being available, to maintain
unbroken passage and the integrity of the coastal margin.
— It is important to have a common
liability regime in place for all access land and the Occupiers
Liability Act should not differentiate between the coast and other
areas. The BMC support the substitution of the phrase "natural
feature" with the phrase "physical feature"—this
will be much easier to objectify.
1. THE GOVERNMENT'S
VISION FOR
COASTAL ACCESS
AND THE
EXTENT TO
WHICH THE
DRAFT BILL
PROVIDES FOR
IT
The coastal access vision
1.1 The BMC fully supports the Government's
vision for coastal access as set out in the Draft Marine Bill.
The two elements, the "long distance route along which the
public are enabled to make recreational journeys on foot"
and the "margin of land along the length of the English coast
with a right of access for open-air recreation" are, together,
an appropriate and welcome vision of access to the coast of England.
1.2 The recognition that open air recreation
is intrinsically valuable and that the unique qualities of the
coast of England have always made it a focus for recreational
activities, is key to the coastal access vision. It is also essential
to the vision that the right of open air recreation over a coastal
margin runs from the foreshore to an appropriate inland boundary.
This will allow people to participate in the full range of foot
based activities and to enjoy the recreational and landscape qualities
of the coast. This would not have been possible if a public right
of way approach had been adopted.
1.3 The National Trail within the coastal
margin will also be extremely valuable. It will allow the public
to take both long and short trips along the coast and to access
recreational opportunities within the coastal margin. To maintain
its character and integrity, it must always be in close proximity
to the coast and it is imperative that both the access and management
regimes are consistent along its length.
1.4 The approach adopted in the Draft Bill
is an innovative way of providing a linear route while at the
same time providing for the wider benefits of area based open
air recreation with access to the sea. The BMC fully supports
this approach.
Coastal erosion
1.5 Coastal erosion is a reality and some
parts of the coast are more vulnerable than others. It is essential
that this is recognised in the delivery and management of the
coastal access regime. The provisions in clause 277 provide for
this and the BMC is supportive of this.
2. WHETHER NEW
LEGISLATION IS
THE BEST
OR MOST
COST-EFFECTIVE
MEANS OF
PROVIDING INCREASED
ACCESS TO
THE COAST
2.1 In our response to the DEFRA consultation
on proposals to improve access to the English coast, August 2007,
the BMC supported the new legislation approach because it was
the only option that could deliver a right of access for open
air recreation and the only way of achieving the Government's
vision. The BMC still holds this view and fully supports the proposals
in the Draft Bill.
2.2 The Draft Bill utilises provisions in
the National Parks and Access to the Countryside Act 1949 (NPAC
Act) and the Countryside and Rights of Way Act 2000 (CROW Act)
to establish long distance routes and a right of access for open
air recreation in a coastal margin. The BMC view is that this
is an efficient and effective way of providing access rights to
the coast. It relies on legislation that is already on the Statute
Book and avoids the use of a stand alone new approach. The NPAC
1949 Act and the CROW 2000 Act are known to access and land management
practitioners and to the public. Using these will not only limit
the need for new legislation but also reduce uncertainty and increase
confidence in the proposal.
2.3 The methodology for implementing the
coastal access duty must, however, be as straight forward and
resource efficient as possible. It must also gain the confidence
of access and land management practitioners and of the public.
Clause 274 provides for the preparation of coastal access schemes.
The BMC supports this approach. We do however, have a reservation
over the role that the BMC and other similar organisations currently
play in coastal access and recreation management. This will be
returned to later in the submission.
2.4 The preparation and approval of coastal
access schemes and the subsequent management of the right of access
must be carried out in a way that maximises efficiency and minimises
bureaucracy. The methodology used to implement Part 1 of the CROW
Act did not meet these criteria. It was excessively time and resource
demanding and at the same time prone to error. It was also flawed
in that once made, errors could not subsequently be rectified.
As a result, there is still no right of access to some areas of
land that were mapped under CROW as access land but were then
excluded because of administrative errors. It is essential that
the implementation of coastal access avoids these pit falls.
3. THE CASE
FOR EXCEPTIONS
TO, AND
DEVIATIONS FROM,
A ROUTE
GIVING CONTINUOUS
ACCESS TO
THE COAST
ITSELF
3.1 The integrity of the access corridor
and the opportunity to take open air recreation within it and
along it, are fundamental to the delivery of the coastal access
vision. Ensuring these will give the public confidence in where
to go and what can be done at the coast at all times of the year.
3.2 The BMC's experience is that where the
public have confidence in an access regime, they act responsibly.
It is where there is a lack of clarity about what the public can
do and where they can do it, and where management restrictions
do not appear to reflect the situation on the ground, that problems
occur. Exceptions from the access right and deviations to the
route must only be made where there is clear evidence of the need.
They must also respect the overriding principle that access should
be over the full coastal margin, inland from the foreshore, and
that the National Trail must be in close proximity to the coast.
3.3 As noted above the coast has long been
a focus for open air recreation including coastal path walking,
rock climbing and coasteering undertaken by our members. The BMC
has been involved in managing access for these activities for
over 30 years. We co-operate with landowners and conservation
organisations, particularly the RSPB and Wildlife Trusts and our
management activities bring benefits to both conservation and
recreation.
3.4 In total, there are 169 climbing sites
along the English coast which carry between them some 10,000 rock
climbing routes. Climbing and its related pursuits are well established
and are well developed in all suitable locations along the English
coast. We do not expect the coastal access proposals in the Draft
Bill to result in any increase in the number of climbing sites
on the English coast or any significant increase in climbing activity.
The challenge is to incorporate current management practices and
expertise into the new statuary regime.
3.5 It is essential that the design and
management of the statutory coastal access regime recognises and
draws on current experience and expertise. The BMC has long standing
experience and our current work is recognised as best practice.
It is an efficient, effective and low cost way of ensuring mutual
benefits for access and conservation. It is vital that this experience
is fully utilised.
3.6 As noted above there are long standing,
mature and responsibly managed recreational activities along the
English coast. It is essential that this is recognised in the
Bill and throughout the implementation process and that nothing
is done that in any way prejudices or confines existing recreational
access or management. The BMC would welcome the opportunity to
present additional evidence to committee on this matter.
3.7 The implementation of the coastal access
duty by Natural England will involve the preparation of reports
under section 55A and 55B of the 1949 Act, introduced by clause
277. Section 55B (3) specifically sets out that Natural England
reports "must set out any proposals required for directions
on the exclusion or restriction of the right of access under Section
2 (1) of that Act". Subsection (4) specifically sets out
the bodies with which Natural England must consult. This list
does not include organisations such as the BMC which, as noted
above, are currently involved in the management of coastal access
and coastal recreation resources. Given that these management
approaches are widely recognised as examples of best practice
and that it is important that a least restrictive option approach
under CROW is followed, it is vital that there is full consultation
by Natural England with organisations actively involved on the
ground at the time the report is prepared.
3.8 The BMC view is that the Draft Bill
should be amended to include (probably at 55B (4) after (f)) statutory
consultees under CROW who can demonstrate that they are actively
involved in the management of coastal access, in an area subject
to the preparation of a report, and should be able to notify Natural
England of this involvement. They should then be invited to submit
a response in relation to management issues, exclusions and restrictions
relevant to that report. The BMC would welcome the opportunity
to present additional evidence to committee on this matter.
3.9 In addition, CROW gives land managers
the opportunity to exclude the public under a discretionary 28
day restriction and a lambing time restriction. Land owners can
also exclude dogs on land managed for the breeding and shooting
of grouse. As noted above, the integrity of the access corridor
and the opportunity to take open air recreation within it and
along its length are fundamental to the coastal access vision.
3.10 The BMC view is that the use of these
provisions of the CROW Act would have a detrimental effect on
the continuity of access. Restricting access at different locations
and at different times of the year would mean that there would
never be an accessible coastal access corridor. These restrictions
are not appropriate in land management terms in a coastal location
which is essentially narrow and linear in nature and where its
inland edge can be defined by a field or other boundary. The BMC
view is that these restrictions should not be applied anywhere
within the coastal margin.
4. WHETHER THE
DRAFT BILL
STRIKES THE
RIGHT BALANCE
BETWEEN THE
RIGHTS OF
ACCESS AND
THE RIGHTS
OF OWNERS
AND OCCUPIERS,
AND WHETHER
THERE SHOULD
BE COMPENSATION
IN ANY
CIRCUMSTANCES FOR
THE CREATION
OF COASTAL
ACCESS RIGHTS
4.1 The coastal access vision is centred
on the integrity of the coastal margin, the recreational opportunities
within it and its proximity to the coast. The BMC view is that
in seeking to achieve this vision, the provisions in the Draft
Bill strike an appropriate balance between the rights of access
and the rights of owners and occupiers.
4.2 The BMC does not see a need for compensation
to landowners. Compensation issues were exhaustively rehearsed
during the passage of the CROW Act. Among the other extant materials,
the speech given by Lord Lester in the Third Reading debate in
the House of Lords is relevant to this issue.
5. THE PROPOSALS
FOR COASTAL
ACCESS IN
ESTUARIES
5.1 Estuaries are an integral part of the
coastal landscape and are not separate from it either visually
or geographically. While this is the general case, there are exceptions
in relation to urban estuaries and those where there is a large
or substantial industrial presence. The BMC view is that the coastal
margin should extend to the normal tidal limit, subject to a crossing
point being available, to maintain unbroken passage and the integrity
of the coastal margin. Where this is not possible it will be necessary
to bring the coastal margin inland to an appropriate river crossing
point.
5.2 A number of climbing sites along the
English coast are located in estuaries. Examples of these are
attached in Appendix 1. These are fundamentally the same as other
climbing sites in England, coastal or inland, and are used and
managed in the same way. Only one climbing site is subject to
a restriction. This is to protect Schedule 1 species of bird.
No access issues or problems have been identified to the BMC in
relation to other estuary crags. Current access to estuaries where
open air recreation is traditionally and currently taken must
continue under the new access regime.
6. WHAT CLASSES
OF LAND
SHOULD BE
EXCEPTED FROM
ACCESS RIGHTS
6.1 Outdoor recreation is currently taken
in many locations along the coast and has been for many years.
It is essential that existing activities and management arrangements
are respected and those activities that currently takes place
continue unimpeded. There may be situations where recreational
patterns change or new types of recreation are introduced into
particular areas, though this is most unlikely for climbing and
related activities. In circumstances, where it can be clearly
demonstrated that the location is sensitive to recreational use,
some formal exceptions to access may need to be considered. This
currently happens on CROW land under Schedule 1 of that Act. The
BMC view is that the provisions of this schedule fully cover the
situations that might be encountered at the coast. It should be
used and no additional mechanism is necessary.
7. THE PROPOSED
ARRANGEMENTS FOR
LIMITING LIABILITY
7.1 Clause 288 amends the Occupiers Liability
Act 1984 by replacing the term "natural feature" with
the term "physical feature (whether of the landscape or otherwise)".
It also inserts "a risk of that person suffering injury when
using any other means of access (within the meaning of section
34 of that Act) other than in a proper manner."
7.2 The BMC's experience of the CROW Act
is that the phrase "natural feature", introduced by
CROW, has been difficult to objectify and work with. The English
landscape has been so heavily modified by man over millennia that
it is difficult to identify which features have been in some way
affected and whether this makes them "not natural".
Quarries of all ages are an example of this. The BMC therefore
support its substitution with the phrase "physical feature"
as this will be much easier to work with.
7.3 Situations encountered around the coast
are not substantially different from those on other access land.
It is important to have a common liability regime in place for
all access land and the Occupiers Liability Act should not differentiate
between the coast and other areas. The BMC view is that CROW should
be amended to apply the term physical feature to access land across
the whole country.
7.4 Similarly, the BMC supports the addition
of paragraph c. We have always taken the view that people must
take responsibility for their own actions. This is clearly set
out in the BMC participation statement which reads;
"The BMC recognises that climbing, hill
walking and mountaineering are activities with a danger of personal
injury or death. Participants in these activities should be aware
of and accept these risks and be responsible for their own actions."
8. WHETHER THERE
SHOULD BE
ACCESS RIGHTS
FOR OTHER
USERS SUCH
AS CYCLISTS
OR HORSE
RIDERS
8.1 The BMC view is that the priority for
the coastal access vision must be the provision of access for
open air recreation on foot. It must though be recognised that
many areas on the coast have been accessed traditionally for a
wide range of other recreational activities. The proposed legislation
must respect these activities and must not result in them being
curtailed or restricted.
8.2 The BMC also recognises the opportunity
presented by the current proposals to provide and improve access
for a wide range of recreational users and, in particular, under-represented
groups. We fully support access provision focussed on these groups
where it can be delivered but recognise that there are stretches
of the coast where it is not possible to deliver wider access.
APPENDIX 1
EXAMPLES OF COASTAL CLIFF CLIMBING SITES
IN ESTUARIES AND TIDAL LOCATIONS
There are over 169 coastal climbing areas along
the coast of England, extending from Cornwall, North Somerset
and Devon to Tyneside and Northumberland. Over 625 main cliff
faces provide more than 10,010 individual routes to climb. Below
are a few examples of climbing crags found in tidal and estuary
locations.
For more details on the latest access advice
for cliffs in England and Wales, please visit https://www.thebmc.co.uk/bmcCrag/
Humphrey Head
SD 390740 (Landranger
maps 97,96)
| BMC Area | Lake District
| Rock Type | Limestone Restrictions/
|
| Climbing Area | Coastal |
Access Status | Sensitive Access
|
| County | Cumbria | CROW Land
| No |
| Importance | Local | SSSI
| No |
| Ownership | Unknown | No of Routes
| 40 |
| Within National Park | No |
Year Developed | 1966 |
| |
| |
The crag is positioned on a remote headland in the midst
of Morecombe Bay's vast tidal sand flats where the sea can be
sensed but rarely glimpsed.
Access:
Seasonal Restrictions apply from 1 March-30 June. Reason—Nesting
Birds
Signed restriction can be found at the base of the crag.
Raven Crag, Thirlmere, Gimmer Crag and Wallowbarrow Crag and Gorge
all have some restrictions.
Lake District restrictions are monitored, variable (VR) and
reviewed in April/May. If the birds do not nest, restrictions
are lifted early. Check notice boards in shops, walls and cafés
in early May for details and the BMC and FRCC websites.
Brean Down
ST 290588 (Landranger map 182)
| BMC Area | South West & Southern
| Rock Type | Limestone |
| Climbing Area | Avon and Somerset
| Access Status | Advice |
| County | Somerset | CROW Land
| No |
| Importance | Local | SSSI
| Yes |
| Ownership | National Trust |
No of Routes | 30 |
| Within National Park | No |
Year Developed | |
| |
| |
South-facing limestone sea cliff, with a range of mainly
harder routes.
Access:
Tidal. The base of most of the cliffs can be reached except
within one or two hours of high tide.
Sand Point (Middle Hope)
ST 324661 (Landranger maps 171,182)
| BMC Area | South West & Southern
| Rock Type | Limestone |
| Climbing Area | Avon and Somerset
| Access Status | Advice |
| County | Somerset | CROW Land
| No |
| Importance | Local | SSSI
| No |
| Ownership | National Trust |
No of Routes | 15 |
| Within National Park | No |
Year Developed | |
| |
| |
Situated on the north coast of the Middle Hope peninsula,
five miles north of Weston-super-Mare. The section of principal
interest is located about half a mile from the tip of Sand Point.
Approach from the car-park by taking the path westwards along
the ridge; immediately after crossing a stile; descend rightwards
to a small pebble beach and the cliff just to the west.
Access:
The base of the cliff is tidal, but generally only inaccessible
for one or two hours either side of high tide
Ladye Bay (Clevedon)
ST 410732 (Landranger maps 172,171)
| BMC Area | South West & Southern
| Rock Type | Limestone |
| Climbing Area | Avon and Somerset
| Access Status | Advice |
| County | Avon | CROW Land
| No |
| Importance | Local | SSSI
| No |
| Ownership | Unknown | No of Routes
| 25 |
| Within National Park | No |
Year Developed | |
| |
| |
Discontinuous line of low cliffs with bouldering and quite
a few sports routes.
Access:
It is tidal—exiting at high tide could be wet under
foot.
Charlcombe Cornice
ST 431748 (Landranger maps 172,171)
| BMC Area | South West & Southern
| Rock Type | Sandstone |
| Climbing Area | Avon and Somerset
| Access Status | Advice |
| County | Avon | CROW Land
| No |
| Importance | Local | SSSI
| No |
| Ownership | Unknown | No of Routes
| 10 |
| Within National Park | No |
Year Developed | |
| |
| |
A short (10m) crag with some very steep climbing on pockets.
Access:
The cliff is tidal and the base features slippery mud and
seaweed strewn boulders
Toll Road Crags at Weston-Super-Mare
ST 313627 (Landranger map 182)
| BMC Area | South West & Southern
| Rock Type | Limestone |
| Climbing Area | Avon and Somerset
| Access Status | Advice |
| County | Somerset | CROW Land
| No |
| Importance | Local | SSSI
| No |
| Ownership | Unknown | No. of Routes
| Bouldering |
| Within National Park | No |
Year Developed | |
| |
| |
Access can be gained through the gardens of the little cafe
along the road, go through the top tea garden and make your way
down a narrow path that leads to the pebble beach.
Access:
The cliff is tidal and the base features slippery mud and
seaweed strewn boulders.
British Mountaineering Council
May 2008
| 
