Memorandum submitted by Canoe England
(DMB 30)
1. EXECUTIVE
SUMMARY
Canoe England is a federal nation member of
the British Canoe Union, the UK Governing body, recognised by
the Sports Councils, for the sport and recreation of canoeing.
It represents some 59,000 canoeists both as individual members
and through over 600 affiliated clubs. Overall, some 2 million
people go canoeing each year on inland and tidal waters.
This response has been collated through consultation
with Canoe England's Access Policy Group, which represents member
interest, and which has elected membership representation as part
of its structure.
— Canoe England supports the proposal
to create a coastal access corridor along the English Coast.
— Canoe England supports Natural England's
recommendation that the access corridor is best realised through
new legislation.
— Canoe England considers that there
should be an increased emphasis on rights for all, not just walkers,
wherever and whenever possible.
— Canoe England seeks assurances that
the proposed coastal access legislation will not be to the detriment
of current access rights
— The Bill should not over emphasise
the dangers of the coast, but should provide for suitable guidance
and education to be resourced.
Canoe England would welcome the opportunity
to provide further oral evidence in support of this submission.
2. THE GOVERNMENT'S
VISION FOR
COASTAL ACCESS,
AND THE
EXTENT TO
WHICH THE
DRAFT BILL
PROVIDES FOR
IT
Canoe England welcomes the opportunity provided
for in the proposed legislation, to open up access to the English
coast. This will enable not only greater enjoyment and recreation,
but will provide invaluable health benefits as well as the opportunity
to engage with and understand one of this country's most precious
and distinguishing resources.
3. WHETHER NEW
LEGISLATION IS
THE BEST
OR MOST
COST-EFFECTIVE
MEANS OF
PROVIDING INCREASED
ACCESS TO
THE COAST
Canoe England endorses Natural England assessment
of the advantages and disadvantages of the three options for improving
Coastal Access; voluntary measures or new legislation. Canoe England
Believes that new legislation is the most effective way of ensuring
effective, long term and responsive access to the English Coast.
We are however concerned that the Draft Bill
does not contain any guarantees that existing rights, negotiated
access or accepted customs will be preserved. Canoeists have traditionally
enjoyed access to the foreshore and therefore the sea by a variety
of means, and we are concerned that these may be lost when a coastal
walking corridor is created. The Bill should contain guarantees
that existing rights will be preserved.
4. THE CASE
FOR EXCEPTIONS
TO, AND
DEVIATIONS FROM,
A ROUTE
GIVING CONTINUOUS
ACCESS TO
THE COAST
ITSELF
Canoe England agrees that it may not be possible
for the path to continue along the entire coastline of England,
we are concerned however that this provision may prove detrimental
to launching and navigational rights enjoyed by Canoeists and
other water users, see section 3 above.
5. 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
Canoe England considers that improving coastal
access will provide a sound economic opportunity for land owners
and communities in coastal areas. Canoe England believes that
compensation is not only undesirable but also impractical. However
Canoe England recognises that there are many pressures placed
upon landowners in the coastal zone, and therefore that adequate
resources should be put in place to manage this land, for the
benefit of the landscape, the environment and the people who use
it.
6. THE PROPOSALS
FOR COASTAL
ACCESS IN
ESTUARIES
Canoe England expresses strong concerns that
should this section of the Marine bill become legislation, that
any wording concerning pedestrian crossing points should make
it clear that it in no way supersedes traditional access points
to the foreshore or tidal stretches of a river.
Canoeists and other water users have traditionally
enjoyed a right of access to the tidal limit of most if not all
English Rivers, Canoe England would strongly resist any legislation
which might prove detrimental to this historic right.
7. WHAT CLASSES
OF LAND
SHOULD BE
EXCEPTED FROM
ACCESS RIGHTS
Canoe England has no opinion on this section.
8. THE PROPOSED
ARRANGEMENTS FOR
LIMITING LIABILITY
Canoe England supports the proposal to remove
occupier's liability in respect of any natural feature, as for
CROW access land. Canoe England also supports the removal of occupier's
liability in respect of non-natural features, provided that appropriate
levels of duty of care are exercised with regard to these features,
for example, this legislation should not be seen as an excuse
for maintaining structures in a dangerous condition, or for failing
to warn of dangers which may not be apparent.
Paragraph 4.12 states that "The Coast is
a dangerous place", Canoe England considers that this is
an overly alarmist statement, which may dissuade people from enjoying
the many non dangerous coastal activities that are available.
Canoe England would suggest that appropriate wording would be
"The Coast may be a dangerous place", and that suitable
guidance and education should be made available to the public
prior to the commencement of any legislation.
9. WHETHER THERE
SHOULD BE
ACCESS RIGHTS
FOR OTHER
USERS SUCH
AS CYCLISTS
OR HORSE
RIDERS
The Governments vision for providing coastal
access does not appear to extend beyond walking; the England Leisure
visits survey 2005 is quoted in the Draft Bill, "going for
a walk was the most popular main activity on these visits".
While it is true that this was the most popular
main event at 33%, this still leaves 67%
un-catered for. Canoe England believes that this
presumption gives an air of exclusivity to the document, and could
be seen as prejudicing against the greater percentage of the population
who engage in other activities along the coastal zone.
Canoe England therefore considers that while
it may not be possible to open up the whole of the coastal zone
to all users, that as many users as possible should be catered
for, whenever possible.
This would have the additional benefit of attracting
additional users to the coastal zone, which would not only provide
enhanced economic benefits to coastal communities, but would importantly
enable more people to remain or become active, therefore directly
contributing to the Governments health of the nation targets.
10. CONCLUSION
Canoe England broadly supports the proposal
to create a coastal access corridor along the English Coast, realised
through new legislation.
We do however believe that more work needs to
be done to ensure the protection of existing access rights and
to make the proposed coastal access legislation more inclusive,
for users other than walkers, and to therefore maximize the benefits
for the whole population.
Canoe England would welcome the opportunity
to provide further oral evidence in support of this submission.
Canoe England
May 2008
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