Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access
192

(6)
Sections 51(2) and 55B apply in relation to an alternative route as they
apply in relation to the ordinary route.
55D
Coastal margin
(1)
This section applies in relation to a report prepared under section 51
pursuant to the coastal access duty.
5
(2)
The proposals set out in the report may include—
(a)
a proposal for any part of the landward boundary of the
relevant coastal margin to coincide with a physical feature
identified in the proposal,
(b)
where those proposals include an alternative route, a proposal
10
for any part of the landward or seaward boundary of the
alternative route strip to coincide with a physical feature so
identified, or
(c)
a proposal for the landward or seaward boundary of any area
excluded from any description of excepted land to coincide
15
with a physical feature so identified.
(3)
The report must contain—
(a)
a map showing the landward boundary of the relevant coastal
margin, or
(b)
a description of that boundary which is sufficient to identify the
20
relevant coastal margin.
(4)
Where a map is contained in a report pursuant to subsection (3)(a),
Natural England must provide a person with a relevant interest in
affected land, on request, with a copy of that map.
(5)
The report must set out such proposals (if any) as Natural England
25
considers appropriate as to the directions to be made by it under
Chapter 2 of Part 1 of the CROW Act for the exclusion or restriction of
the right of access that would arise under section 2(1) of that Act in
relation to any land if the proposals in the report were to be approved.
(6)
Before preparing the report, Natural England must (in addition to
30
complying with section 51(4))—
(a)
take reasonable steps to consult persons with a relevant interest
in affected land,
(b)
consult any body of a kind mentioned in section 51(4) in whose
Park or area affected land is situated (but which is not required
35
to be consulted under section 51(4)),
(c)
consult each London borough council for an area in which
affected land is situated,
(d)
consult each local access forum for an area in which affected
land is situated,
40
(e)
consult the Secretary of State in relation to any interests of
defence or national security which may be affected by the
proposals which Natural England is minded to include in the
report,
(f)
consult the Historic Buildings and Monuments Commission for
45
England in relation to any interests in the preservation of any
monument, structure or other thing, mentioned in section
26(3)(b) of the CROW Act which may be affected by those
proposals, and

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(g)
consult the Environment Agency in relation to any interests in
flood defence, or in the management of the effects of coastal
erosion or encroachment by the sea, which may be affected by
those proposals.
(7)
A body within subsection (6)(b), (c) or (d) must provide Natural
5
England with such information as it may reasonably require for the
purposes of the report.
(8)
Where the Secretary of State is consulted under subsection (6)(e), the
Secretary of State must—
(a)
provide Natural England with such information as it may
10
reasonably require as to any exclusion or restriction of the right
of access to affected land under section 2(1) of the CROW Act
which the Secretary of State proposes to make provision for
under section 28 of that Act (defence and national security), and
(b)
notify Natural England if the Secretary of State is of the opinion
15
that this information, or any part of it, ought not to be disclosed
by it on the grounds of the public interest in defence and
national security.
(9)
Subject to subsection (10), the report must contain such of the
information provided under subsection (8)(a) as Natural England
20
considers relevant for the purposes of the report.
(10)
The report may not contain information which Natural England has
been notified under subsection (8)(b) ought not to be disclosed by it.
55E
Consideration of reports made pursuant to the coastal access duty
Schedule 1A contains—
25
(a)
provision about the procedure to be followed when a report is
submitted under section 51 pursuant to the coastal access duty;
(b)
provision which, in relation to such reports, supplements the
provision made by section 52.
55F
Directions under Part 1 of the CROW Act
30
(1)
This section applies where approved proposals relating to a long-
distance route contain proposals as regards a direction to be made by
Natural England under Chapter 2 of Part 1 of the CROW Act for the
exclusion or restriction of the right of access that would otherwise arise
under section 2(1) of that Act.
35
(2)
Natural England must make the direction in accordance with those
proposals.
(3)
Subsection (2) is without prejudice to any power Natural England may
have to revoke or vary the direction after it is made.
55G
Ferries for the purposes of the English coastal route
40
(1)
This section applies where—
(a)
pursuant to the coastal access duty, approved proposals
relating to a long-distance route include proposals for the
provision and operation of a ferry, and
(b)
an approach route to the ferry is not a highway.
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(2)
The reference in section 53(1) to the highway authority for either or
both of the highways to be connected by the ferry is to be read as
including the highway authority in whose area the approach route is
situated.
(3)
In this section “approach route”, in relation to a ferry, means a part of
5
the English coastal route to be connected to another part of that route
by the ferry.
55H
Variation pursuant to the coastal access duty
(1)
In the case of a report made by Natural England under section 55(1)
pursuant to the coastal access duty—
10
(a)
the procedural requirements apply with the necessary
modifications, and
(b)
section 55(3) does not apply.
(2)
The Secretary of State may by regulations provide—
(a)
that, in relation to a direction under section 55(2) pursuant to
15
the coastal access duty, the procedural requirements apply with
the modifications specified in the regulations, and
(b)
that section 55(3) does not apply in relation to such a direction.
(3)
The Secretary of State may not make a direction under section 55(2)
pursuant to the coastal access duty at a time when there are no
20
regulations under subsection (2) in force.
(4)
For the purposes of this section—
“modify” includes amend, add to or repeal, and “modification” is
to be construed accordingly;
“the procedural requirements” means sections 51(4) and (5), 52(1)
25
and (2), 55D(6) to (10) and 55E, Schedule 1A and regulations
under that Schedule.
55I
Temporary diversions
(1)
This section applies where Natural England or the Secretary of State
gives a direction by virtue of Chapter 2 of Part 1 of the CROW Act
30
which excludes the right of access under section 2(1) of that Act, for any
period (“the exclusion period”), in relation to any land over which (or
any part of which) the English coastal route or any official alternative
route passes.
(2)
This section does not apply if the direction by virtue of that Chapter is
35
expressed to have effect indefinitely.
(3)
Natural England may give a direction under this section specifying a
route (“the temporary route”) which is to apply for the duration of the
exclusion period or such part of it as is specified in the direction.
(4)
The temporary route specified by Natural England may pass only—
40
(a)
over land which is access land for the purposes of Part 1 of the
CROW Act,
(b)
over land which, for the purposes of section 1(1) of that Act, is
treated by section 15(1) of that Act as being accessible to the
public apart from that Act,
45
(c)
along a highway, or

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(d)
over any other land the owner of which has agreed to the
temporary route (so far as it passes over that land).
(5)
Natural England must consult the Environment Agency before giving
a direction where the temporary route specified passes over land of a
type described in subsection (4)(d).
5
(6)
A direction under this section—
(a)
must be in writing, and
(b)
may be revoked or varied by a subsequent direction under this
section.
55J
Interpretation of sections 55A to 55J
10
(1)
In sections 55A to 55I, Schedule 1A and this section—
“access authority” has the same meaning as in Part 1 of the CROW
Act;
“affected land” means—
(a)
land over which the route, or any alternative route, to
15
which the proposals relate passes, and
(b)
any other land which—
(i)
is relevant coastal margin, or an alternative route
strip in relation to such an alternative route, and
(ii)
is not excepted land;
20
“alternative route” is to be construed in accordance with section
55C;
“alternative route strip”, in relation to an alternative route,
means—
(a)
in a case where the proposal for the alternative route has
25
not yet been approved under section 52, the land which
would become coastal margin during the operation of
that route if the proposals in the report were to be so
approved (without modifications), and
(b)
in the case of an official alternative route, the land which
30
would become coastal margin during the operation of
that route;
“the coastal access duty” has the meaning given by section 55A;
“coastal margin” has the same meaning as in Part 1 of the CROW
Act;
35
“the CROW Act” means the Countryside and Rights of Way Act
2000 (c. 37);
“the English coastal route” means the route secured pursuant to
the coastal access duty;
“excepted land” has the same meaning as in Part 1 of the CROW
40
Act;
“local access forum” means a local access forum established under
section 94 of the CROW Act;
“official alternative route” means an alternative route which is
contained in approved proposals relating to a long-distance
45
route;
“owner”, in relation to land, means the person who holds an estate
in fee simple absolute in possession in the land;
“relevant coastal margin”, in relation to proposals, means—

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(a)
in a case where the proposals have not yet been
approved under section 52, land which would become
coastal margin if the proposals were to be approved
(without modifications) under that section
(disregarding the alternative route strip in relation to
5
any alternative route), and
(b)
in a case where the proposals have been so approved
(with or without modifications), land which becomes
coastal margin as a result of the proposals having been
so approved (disregarding the alternative route strip in
10
relation to any official alternative route).
(2)
For the purposes of sections 55A to 55I and Schedule 1A, a person has
a relevant interest in land if the person—
(a)
is the owner of the land,
(b)
holds a term of years absolute in the land, or
15
(c)
is in lawful occupation of the land.
(3)
Any power conferred by sections 55A to 55I or Schedule 1A to make
regulations includes—
(a)
power to make different provision for different cases, and
(b)
power to make incidental, consequential, supplemental or
20
transitional provision or savings.”
(2)
After Schedule 1 to the 1949 Act insert the Schedule set out in Schedule 19 to
this Act.
297
Access to the coastal margin
(1)
Part 1 of the CROW Act (access to the countryside) is amended as follows.
25
(2)
In section 1—
(a)
in subsection (1) (definition of “access land”) omit “or” at the end of
paragraph (d) and after that paragraph insert—
“(da)
is coastal margin, or”,
(b)
in subsection (2), after the definition of “the appropriate countryside
30
body” insert—
““coastal margin” means land which is of a description
specified by an order under section 3A;”,
(c)
in that subsection, in the definition of “open country”, in paragraph (b)
after “land” insert “or coastal margin”, and
35
(d)
in subsection (3), after “2006” insert “(but is not coastal margin)”.
(3)
In section 2 (rights of public in relation to access land)—
(a)
in subsection (3), for “prohibition” to the end substitute “relevant
statutory prohibition”, and
(b)
after that subsection insert—
40
“(3A)
In subsection (3) “relevant statutory prohibition” means—
(a)
in the case of land which is coastal margin, a prohibition
contained in or having effect under any enactment, and
(b)
in any other case, a prohibition contained in or having
effect under any enactment other than an enactment
45
contained in a local or private Act.”

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(4)
In section 3 (power to extend to coastal land)—
(a)
at the end of the heading insert “: Wales”,
(b)
in subsection (1) for “Secretary” to “Wales)” substitute “Welsh
Ministers”, and
(c)
in that subsection after “include” insert “as respects Wales”.
5
(5)
After that section insert—
“3A
Power to extend to coastal land etc: England
(1)
The Secretary of State may by order specify the descriptions of land in
England which are coastal margin for the purposes of this Part.
(2)
An order under subsection (1) may, in particular—
10
(a)
describe land by reference to it being—
(i)
land over which the line taken by the English coastal
route passes,
(ii)
land which is adjacent to and within a specified distance
of that line, or
15
(iii)
land which is adjacent to land within sub-paragraph (ii),

if the land described under paragraphs (i) to (iii), taken as a
whole, is coastal land;
(b)
in relation to cases where a proposal of the kind mentioned in
section 55B of the 1949 Act (power to determine the route in
20
accordance with provision made in the report) is contained in
relevant approved proposals, describe land by reference to the
line taken by the English coastal route as it has effect from time
to time in accordance with that proposal;
(c)
in relation to cases where a proposal of the kind mentioned in
25
section 55C of that Act (alternative routes) is contained in
relevant approved proposals, describe land by reference to it
being—
(i)
land over which the line taken by an official alternative
route which is for the time being in operation passes, or
30
(ii)
land which is adjacent to and within a specified distance
of that line,

whether or not it is coastal land;
(d)
in relation to cases where a proposal of the kind mentioned in
section 55D(2)(a) or (b) of that Act (proposal that boundary
35
should coincide with a physical feature) is contained in relevant
approved proposals, provide that the boundary of an area of
coastal margin is to coincide with a physical feature as provided
for in that proposal (and for this purpose it is immaterial if the
effect is to include other land as coastal margin or to exclude
40
part of an area of coastal land);
(e)
in relation to cases where a direction under subsection (3) of
section 55I of that Act (temporary diversions) specifies a route
which (or any part of which) passes over land within subsection
(4)(d) of that section, describe land by reference to it being—
45
(i)
land over which the line taken by that route (so far as it
passes over land within subsection (4)(d) of that section)
passes, or
(ii)
land which is adjacent to and within a specified distance
of that line (so far as it so passes),
50

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whether or not it is coastal land.
(3)
For the purposes of subsection (2) it is immaterial whether the English
coastal route is in existence at the time the order is made.
(4)
An order under subsection (1) may modify the provisions of this Part
in their application to land which is coastal margin.
5
(5)
Provision made by virtue of subsection (4) may, in particular—
(a)
confer functions on the Secretary of State or Natural England;
(b)
if providing for any description of land which is coastal margin
to be excluded from any description of excepted land—
(i)
describe that land as mentioned in subsection (2)(a)(i) to
10
(iii), (b) or (c), or
(ii)
in relation to cases where a proposal of the kind
mentioned in section 55D(2)(c) of the 1949 Act (proposal
that boundary should coincide with a physical feature)
is contained in relevant approved proposals, provide
15
that the boundary of that land (or any part of it) is to
coincide with a physical feature as provided for in that
proposal.
(6)
Where, as a result of proposals becoming approved proposals relating
to a long-distance route, land becomes coastal margin by virtue of an
20
order under subsection (1)—
(a)
section 2(1) does not apply in relation to the land by reason of it
being coastal margin until the end of the access preparation
period in relation to the land,
(b)
any direction given under Chapter 2 in relation to the land may
25
be expressed to take effect immediately after the end of that
period, and
(c)
until the end of that period, the land is not to be regarded as
coastal margin—
(i)
for the purpose of determining whether it is open
30
country or registered common land, or
(ii)
for the purposes of section 1(6AA) of the Occupiers’
Liability Act 1984 (duty of occupier of coastal margin to
persons other than the occupier’s visitors).
(7)
Where, as a result of proposals becoming approved proposals relating
35
to a long-distance route, land becomes coastal margin by virtue of an
order under subsection (1), any exclusion or restriction under Chapter
2 of access to the land by virtue of section 2(1) ceases to have effect at
the end of the access preparation period.
(8)
Subsection (7) does not apply to any exclusion or restriction resulting
40
from a direction under Chapter 2 which takes effect after the end of the
access preparation period.
(9)
Subsections (6) and (7) do not apply to land if, at the time it becomes
coastal margin by virtue of an order under subsection (1), it is already
dedicated as coastal margin under section 16.
45
(10)
In this section—
“the 1949 Act” means the National Parks and Access to the
Countryside Act 1949;