House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 2 July 2009
44

Marine and Coastal Access Bill [Lords], continued

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

41


Clause  290,  page  186,  line  28,  at end insert—

‘(6A)
Where excepted land described in paragraphs 3 and 11 of Schedule 1 to the

CROW Act (excepted land for purposes of Part 1) becomes land which is not

excepted land for the purposes of coastal margin by virtue of an order made under

section 3A of the CROW Act, in discharging the coastal access duty in relation

to the creation of new rights of way Natural England and the Secretary of State

shall use their best endeavours to treat such land as excepted land unless they are

satisfied that there are no practicable alternatives.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

33

Clause  291,  page  187,  line  17,  leave out ‘aim to’.

Member’s explanatory statement

This amendment is designed to tighten up the duty on Natural England to strike a fair balance

between new access rights given to the general public and the exisiting rights of those members of

the public who own or have an interest in land which will become the coastal margin.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

34

Clause  291,  page  187,  line  23,  at end insert—

‘( )
owns the sporting rights’.

Member’s explanatory statement

To ensure that those who own the sporting rights separate to being the owner or occupier are

included in the statutory provisions for consultation etc.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

42


Clause  292,  page  188,  line  5,  after ‘appropriate’, insert ‘and shall put the proposed

Public Bill Committee: 2 July 2009
45

Marine and Coastal Access Bill [Lords], continued

scheme or any revised scheme out to public consultation.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

47


Clause  296,  page  191,  line  39,  at end insert—

‘(e)
future coastal developments’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

44


Clause  296,  page  192,  line  21,  at end insert—

‘(3A)
Where a person with a relevant interest in affected land has requested Natural

England to provide a map showing the landward boundary of the relevant coastal

margin, but the report contains a description of that boundary pursuant to

subsection (3)(b) instead of a map, the report must also contain a statement of

Natural England’s reasons for declining to comply with the person’s request for

a map.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

49


Clause  296,  page  193,  line  29,  at end insert—

‘55EA
  Changes in land use

(1)
Any person with a relevant interest in land may require Natural England to review

a coastal access report; and reasons for review may include—

(a)
proposed or actual changes in the use of land;

(b)
review of existing directions made under Chapter 2 of Part 1 of the

CROW Act for the exclusion or restriction of the right of access;

(c)
proposed new directions under Chapter 2 of Part 1 of the CROW Act for

the exclusion or restriction of the right of access

(2)
Persons with a relevant interest may appeal to the appointed person as set out in

Schedule 19 against the refusal of Natural England to—

(a)
undertake the review;

(b)
undertake the review within timescales specified by regulation;

(c)
amend the coastal access report.”.

Public Bill Committee: 2 July 2009
46

Marine and Coastal Access Bill [Lords], continued

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

46


Clause  296,  page  196,  leave out lines 14 and 15 and insert—

‘(a)
has a legal estate or legal interest in the land, or’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

43


Clause  296,  page  196,  line  16,  at end insert—

‘(d)
owns the sporting rights.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

45


Clause  296,  page  196,  line  23,  at end insert—

‘(4A)
Nothing in this section shall preclude a person with a relevant interest in affected

land from making an appeal under section 30 of the CROW Act for an exclusion

or restriction of the right of access at a subsequent date after approved proposals

have been implemented.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

48


Schedule  19,  page  305,  leave out lines 33 to 35.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

50


Clause  297,  page  200,  line  35,  at end insert—

‘(10)
In Schedule 1, Part 1, of the CROW Act 2000, after excepted land 13, insert—

Public Bill Committee: 2 July 2009
47

Marine and Coastal Access Bill [Lords], continued

“(14)
Land used for the purpose of manufacturing, maintenance or storage of

recreational vessels and equipment (including marinas, boatyards and

yacht clubs).”’.

Huw Irranca-Davies

25

Clause  319,  page  223,  line  41,  leave out subsection (2).

Member’s explanatory statement

The effect of this amendment would be to remove the “Privilege Amendment” which was inserted

at Third Reading in the Lords to avoid infringement of the financial privileges of the Commons.

Remaining new clause

Amendment of Planning Act 2008

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

NC1

To move the following Clause:—

‘In section 104 of the Planning Act 2008 (decisions of Panel and Council) at end

of subsection (2) insert—

“(b)
any advice from the Marine Management Organisation on

applications which are in or are likely to impact on the UK

marine area.”’.

Order of the House [23 JUNE 2009]

That the following provisions shall apply to the Marine and Coastal Access Bill

[Lords]:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 16 July 2009.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on consideration shall (so far as not previously concluded) be

Public Bill Committee: 2 July 2009
48

Marine and Coastal Access Bill [Lords], continued

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of any message from the Lords) may be programmed.

Order of the Committee [30 june 2009]

That—

(1)
the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

30 June) meet—

(a)
at 4.00 pm on Tuesday 30 June;

(b)
at 9.00 am and 1.00 pm on Thursday 2 July;

(c)
at 10.30 am and 4.00 pm on Tuesday 7 July;

(d)
at 9.00 am and 1.00 pm on Thursday 9 July;

(e)
at 10.30 am and 4.00 pm on Tuesday 14 July;

(f)
at 9.00 am and 1.00 pm on Thursday 16 July;

(2)
the proceedings shall be taken in the following order: Clauses 44 to 47;

Schedule 5; Clauses 48 to 51; Schedule 6; Clauses 52 to 64; new Clauses

relating to Part 3; new Schedules relating to Part 3; Clauses 65 to 97;

Schedule 7; Clauses 98 to 112; Schedules 8 and 9; Clauses 113 to 115; new

Clauses relating to Part 4; new Schedules relating to Part 4; Clauses 116 to

144; Schedule 10; Clauses 145 and 146; Schedules 11 and 12; Clauses 147

and 148; Schedule 13; new Clauses relating to Part 5; new Schedules relating

to Part 5; Clause 1; Schedules 1 and 2; Clauses 2 to 39; Schedule 3; Clause

40; new Clauses relating to Part 1; new Schedules relating to Part 1; Clauses

41 to 43; Schedule 4; new Clauses relating to Part 2; new Schedules relating

to Part 2; Clauses 149 to 179; Schedule 14; Clauses 180 to 188; new Clauses

relating to Part 6; new Schedules relating to Part 6; Clauses 189 to 196;

Schedule 15; Clauses 197 to 227; Schedule 16; Clauses 228; new Clauses

relating to Part 7; new Schedules relating to Part 7; Clauses 229 to 243;

Schedule 17; Clauses 244 to 271; Schedule 18; Clauses 272 to 289; new

Clauses relating to Part 8; new Schedules relating to Part 8; Clauses 290 to

296; Schedule 19; Clauses 297 and 298; Schedule 20; Clauses 299 to 304;

new Clauses relating to Part 9; new Schedules relating to Part 9; Clauses 305

to 309; Schedule 21; Clauses 310 to 315; Schedule 22; Clauses 316 to 319;

remaining new Clauses; remaining new Schedules; remaining proceedings

on the Bill;

(3)
the proceedings on the Bill shall (so far as not previously concluded) be

brought to a conclusion at 5.00 pm on Thursday 16 July.