Memorandum submitted by the Royal Yachting
Association (DMB 39)
INTRODUCTION
1. The RYA is the national body for all
forms of recreational and competitive boating. It represents dinghy
and yacht racing, motor and sail cruising, RIBs and sportsboats,
powerboat racing, windsurfing, inland cruising and personal watercraft.
2. The RYA is recognised by all government
offices as being the negotiating body for the activities it represents.
The RYA currently has over 100,000 personal members, the majority
of whom choose to go afloat for purely recreational non-competitive
pleasure on coastal and inland waters. There are an estimated
further 500,000 boat owners nationally who are members of over
1,500 RYA affiliated clubs and class associations.
3. The RYA also sets and maintains an international
standard for recreational boat training through a network of over
2,200 RYA Recognised Training Centres in 20 countries. On average,
approximately 160,000 people per year complete RYA training courses.
4. The RYA invites the Committee to consider
the following submission.
GENERAL COMMENT
5. The RYA is disappointed that the proposals
for coastal access as contained within the Draft Marine Bill do
not include any provision for access to the water itself. As you
will appreciate, access to and from the water for the launching
and recovering of craft is an important consideration for our
members and one that we raised in our original response to the
DEFRA consultation on proposals to improve access to the English
coast in September 2007.
SPECIFIC COMMENTS
6. The proposals for coastal access provision
set out in the Draft Marine Bill present three principal concerns
for the RYA:
6.1 The proposals for granting coastal access
as set out in the Draft Marine Bill make reference to the Countryside
and Rights of Way Act 2000 (the "CROW Act"). In particular,
the CROW Act excludes from its application "Excepted Land"
as defined in Schedule 1 to the CROW Act. The definition of "Excepted
Land" set out in this Schedule includes such areas as parks,
gardens, golf courses and land within the curtilage of a building
but it does not cover some other types of developed land. In particular,
the definition does not include an area of land such as that used
by a boating club for the storage of recreational boats if that
area is separated from the club house. This omission will be of
great significance if the CROW Act is to apply to the coastal
margin, where many boating clubs are located. The RYA therefore
considers that the Draft Marine Bill should include a provision
amending Schedule 1 to the CROW Act so that Part 1 of that Schedule
includes a new paragraph:
"7A. Land used for, or associated with the use
of, sporting facilities".
6.2 The RYA is concerned that the inception
of the coastal route may stifle development of the coastal margin.
The RYA therefore considers that the Draft Marine Bill should
contain provision for the coastal route to be moved or diverted
should an area of the coastal margin across which the coastal
routes passes subsequently become "Excepted Land".
6.3 The RYA considers that the Draft Marine
Bill should contain a provision to the effect that the creation
of the coastal route does not give rise to a presumption against
planning permission being granted for development of the coastal
margin for a use of land requiring coastal access or for marine
use.
7. The RYA would be happy to provide additional
evidence if that would be of assistance to the Committee.
Royal Yachting Association
May 2008
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