Memorandum submitted by the Wildlife and
Countryside Link (DMB 51)
1. Wildlife and Countryside Link (Link)
brings together environmental voluntary organisations in the UK
united by their common interest in the conservation and enjoyment
of the natural and historic environment.
2. Link's evidence to the Committee is a
joint submission supported by the following organisations:
British Mountaineering Council
Council for British Archaeology
Council for National Parks
Royal Society for the Protection of Birds
The Ramblers' Association
3. THE GOVERNMENT'S
VISION FOR
COASTAL ACCESS,
AND THE
EXTENT TO
WHICH THE
DRAFT BILL
PROVIDES FOR
IT
Link supports the Government's vision for coastal
access. We feel it is an effective method of establishing improved
access around the English coast, which works with coastal change
and at the same time seeks to improve the landscape and wildlife
quality of the coast. In particular, we welcome recognition of
the role that the natural environment plays in contributing to
the quality of experience enjoyed by the user. The legislative
proposals in the draft Bill, bringing together the creation of
long distance routes through the National Parks and Access to
the Countryside Act 1949 and the use of the Countryside and Rights
of Way Act 2000 (CROW) to establish the right of access in a coastal
margin, are an effective way of achieving the Government's access
side of the vision.
4. We believe the approach can deliver for
access whilst providing a sound framework for addressing potential
adverse effects on the natural environment.
5. However, we are disappointed that steps
to deliver environmental enhancement and habitat restoration programmes,
as part of Natural England's Outline Scheme, have not been carried
through into the draft Bill or associated documents. We believe
there is a strong case for the draft Bill to make provision for
the report containing proposals for the coastal route and coastal
margin to also include proposals (if any), as Natural England
may feel appropriate to enhance the quality of the coastal environment,
whether to increase the quality of experience for users or mitigate
any adverse impacts of access on wildlife.
6. WHETHER NEW
LEGISLATION IS
THE BEST
OR MOST
COST-EFFECTIVE
MEANS OF
PROVIDING INCREASED
ACCESS TO
THE COAST
We agree with Natural England's recommendation
that new legislation is needed and believe that, by extending
and combining existing legislation, the current suggestion minimises
the legislative process at the same time as offering customised
powers and providing the flexibility in approach required.
7. THE CASE
FOR EXCEPTIONS
TO, AND
DEVIATIONS FROM,
A ROUTE
GIVING CONTINUOUS
ACCESS TO
THE COAST
ITSELF
Link believes that the integrity of the route,
the public's confidence in the route and a route which provides
as pleasant a walking environment as possible, are all very important.
However, we accept the need for some deviations from a route giving
continuous access, for example sensitive wildlife sites. However,
these should be kept to a minimum and based on evidence and common
principles via the locally negotiated approach put forward.
8. 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
Given the inclusion of the consideration of
safety and fair balance and that the provisions for closure and
restrictions system as set out in CROW will apply, we believe
that the appropriate checks and balances between the rights of
access and those of owners and occupiers have been put in place.
9. WHAT CLASSES
OF LAND
SHOULD BE
EXCEPTED FROM
ACCESS RIGHTS
A vast majority of these cases are covered by
the land types that are identified in the CROW Act— schedule
1 and, as such, we would not like to see any significant alterations
to this schedule in relation to its enforcement on the coast.
However, we do expect a greater use of the restrictions system
on the coast for conservation and wildlife.
10. THE NEED
FOR RESTRICTIONS
AND EXCLUSION
FROM THE
RIGHT OF
ACCESS FOR
CONSERVATION AND
WILDLIFE
Some habitats and species found in coastal locations
are sensitive to disturbance or interference from human related
activity and will need restrictions and exclusion from the right
of access. Of main concern to Link are estuaries, flats and saltmarsh,
which in many cases unrestricted open access will be inappropriate.
11. WHETHER THERE
SHOULD BE
ACCESS RIGHTS
FOR OTHER
USERS SUCH
AS CYCLISTS
OR HORSE
RIDERS
The priority focus should be on providing access
to the coast on foot. However, in preparing coastal reports, Natural
England should also factor in other rights of access that currently
exist on the coast.
12. DOGS
We are concerned that the draft Bill and associated
amendments to the CROW Act proposes that CROW Schedule 2 (4)-(6)
(requirements for dogs to be on leads at set times of the year)
will not apply on the coast and that the current requirements
found on Public Rights of Way (of dogs being under close control
at all times) will apply.
13. Dogs can cause stock worrying and disturbance
to wildlife in coastal environments, notably ground nesting birds
and over wintering shoreline birds. Therefore, we believe that
a greater level of restrictions on dogs will be needed in many
locations on the coast beyond close control.
14. FUNDING FOR
ACCESS MANAGEMENT
We are concerned that the current level of funding
proposed may not be sufficient to allow Natural England to deliver
both the wider environmental benefits implied in the Government's
vision and the conservation assessments and consultation necessary
to deliver coastal access. As such, we would like to see details
put forward as to how these wider benefits are to be met.
15. LOCALISED
CONSULTATION AND
IMPLEMENTATION VIA
REPORTS
We welcome the localised nature of delivery
and believe this will give the flexibility needed. However, we
believe that other interested parties from a user, conservation
and land use perspective should have a fuller role in the early
stages of the process to enable a more balanced approach to the
setting of the route and spreading room.
16. EROSION AND
COASTAL LINE
CHANGE
Coastlines are subject to erosion and change
and, as a result, public rights of way can disappear or become
unsafe over time. We believe that this legislation and the approach
being proposed in the coastal access scheme takes this into account
at the same time as taking steps to identify the likelihood of
change when determining the alignment of the route and its associated
spreading room.
Wildlife and Countryside Link
May 2008
| 
