Supplementary memorandum submitted by
Devon County Council (DMB 33a)
During the recent evidence session you asked
that I write to you explaining our thoughts and concerns on the
definitions of spreading room and certain categories of excepted
land, in particular, gardens.
SPREADING ROOM
The proposed order under section 3A of the Countryside
and Rights of Way Act 2000 (as amended by clause 278 of the draft
Marine Bill) defines the coastal margin as including "land
which comprises any cliff, bank, barrier, dune, beach or flat
which is adjacent to the foreshore". The specific intention
is that the coastal margin on the seaward side of the coastal
route would automatically become "spreading room", where
free public access will be permitted. Under clause 277 of the
draft Bill, Natural England will have disretionary power to dedicate
other land on the landward side of the trail as coastal margin,
by making the boundary of the spreading room coincide with a recognisable
feature such a fence, wall, rock outcrop or woodland edge.
Although this approach appears logical in theory,
there are concerns that this definition of the coastal margin
could result in legal challenges over what land is subject to
automatic selection. Such challenges might be based on differing
interpretations of the defined categories of the coastal margin.
For example, is the term "cliff" intended to incorporate
any semi-natural vegetation communities directly adjoining the
main cliff face, irrespective of whether they are dominated by
open grassland or heath or other types of vegetation such as bracken,
scrub or woodland and irrespective of the gradient of the land
and/or its distance from the foreshore? Similarly, does the term
"dune" incorporate dune communities which have been
fenced-off from the adjoining or nearby foreshore, or which are
scrub or tree dominated; and, if so, is it intended that it should
incorporate entire dune complexes which may extend over significant
distances inland (eg parts of the Braunton Burrows dune system
are over 2 km from the foreshore?
The experience in Devon of the Countryside and
Rights of Way Act was that many areas were, initially, mapped
as open country but, subsequently, subject to successful appeal
against their definition as access land due to the lack of any
sufficiently precise definition of "mountain, moor, heath
or down". There appears to be a real risk of this same problem
occurring if there is any reliance in these new measures upon
such ambiguous terminology. To avoid this, further consideration
needs to be given to the way in which the coastal margin is defined,
so that there can be no uncertainty over which land will be subject
to automatic selection as spreading room.
GARDENS
With regard to the definition of the term "garden"
and if it should be included as excepted land, it is suggested
that criteria be developed to take account of factors such as:
— visibility and distance from
residence;
— use of the land at the date
of publication of the draft Bill as either formal gardens ie lawns,
flower beds, herbaceous borders, or for the growing of vegetables;
— effective screening of path
by timber fencing or hedging—expensive options such as masonry
walls and earth banks may need to be excluded; and
— land recorded on the Rural Land
Register should not be regarded as garden.
COSTS OF
NEW SECTIONS
OF COAST
PATH
Three examples were given of the costs of establishing
new and proposed sections of coast path, details of which are
as follows. It should be noted that they do not include compensation
payments to landowners.
| Location/Length
| Path Establishment Costs | Landowner Mitigation Works
| Total |
| Strete to Stoke Fleming (3.2km)—new route opened 2005.
| £80,000 | £10,000
| £90,000* |
| Proposed route (1km) near Strete, South Devon to avoid a busy A road with no footways.
| £10,000 (clearance of vegetation, construction of path across a steep coastal slope and signing)
| £40,000 (fencing and construction of a substantial hedgebank to ensure privacy)
| £50,000** |
| Proposed route (2 km) between Stoke Fleming to Warren Point to avoid the use of minor road with no footways and giving only distant views of the sea.
| £10,000. (scrub clearance, step and path construction)
| Unknown | £10,000** |
* includes construction of two footbridges (£60,000) which were required to meet landowner's conditions on the agreed route (a cheaper more coastal route was the option preferred by Natural England and Devon County Council).
** Provisional estimates, as precise route and mitigation has yet to be agreed with landowners.
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The above costs are likely to be considerably higher than
most new routes created through the Coastal Access proposals as
we have been constrained on the choice of route by the need to
seek agreement with the landowners. If the landowner mitigation
works and the two footbridges are excluded, then the costs of
establishing the new routes ranges between £5,000 and £10,000
per kilometre.
Lester Willmington, Head of Highway Management
Devon County Council
June 2008
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