House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 7 July 2009
61

Marine and Coastal Access Bill[Lords], continued

“(6)
Any order made under this section may be varied or revoked by a

subsequent order made under this section.

(7)
Subject to subsection (8) below, subsections (1) to (5) above shall apply

in relation to any such subsequent order and to an application for such an

order as they apply in relation to an original order made under this section

and to an application for such an order.

(8)
Subsection (7) above does not apply in the case of any order made by

virtue of subsection (10) below.

(9)
Subsection (10) applies in any case where it appears to the appropriate

Minister that—

(a)
permission has been granted for the carrying out of any

development in, on or over any portion of the sea shore to which

an order made under this section relates (the ‘affected area’), and

(b)
as a result of the development, it will be impossible or

impracticable to exercise any right of several fishery or of

regulating a fishery conferred by the order in the affected area.

(10)
In any such case, the appropriate Minister, having considered the criteria

set out in subsection (15), may—

(a)
vary the order so that the area to which the order relates no longer

includes the affected area, or

(b)
if the affected area comprised the whole or the greater part of the

area to which the order relates, revoke the order.

(11)
The provision that may be made by an order made by virtue of subsection

(10) above include—

(a)
provision requiring the owners of the affected area to pay

compensation to any persons who, at the time of the making of

the order, are entitled to a right of several fishery in any part of

the affected area by virtue of an order under this section or to any

other persons lawfully exercising the right in that area or in other

areas that will be affected by the order;

(b)
provision for the amount of any such compensation to be

specified in, or determined in accordance with provision made

by, the order (including provision for or in connection with the

appointment of a person to make such determination).

(12)
Before making an order by virtue of subsection (10) above, the

appropriate Minister must consult—

(a)
any persons who are entitled to a right of several fishery or a right

of regulating a fishery in any part of the affected area by virtue

of an order under this section,

(b)
the owners or reputed owners, lessees or reputed lessees and

occupiers, if any, of the affected area, and

(c)
any other persons lawfully exercising the right of several or

regulated fishery in that area or in other areas that will be

affected by the order.

(13)
The appropriate Minister may require the owners of the affected area to

provide him with such information relating to the development as he may

reasonably require for the purpose of deciding whether to make an order

by virtue of subsection (10) above.

Public Bill Committee: 7 July 2009
62

Marine and Coastal Access Bill[Lords], continued

(14)
In this section “development” has the same meaning as in the Town and

Country Planning Act 1990.

(15)
The criteria to be taken into account by the Minister in considering the

exercise of his discretion under subsection (10) above shall include—

(a)
in cases where the proposed order relates to any portion of the

sea shore belonging to Her Majesty in right of the Crown, the

powers and duties of the Crown Estate Commissioners under the

Crown Estate Act 1961;

(b)
the importance of maintaining the promoting a long term

sustainable fishery in the area;

(c)
the levels of investment in the fishery and the extent to which

that investment will not be recoverable if the variation or

revocation of the order is made;

(d)
the extent to which any compensation payable if any variation or

revocation is made will not compensate all those who will suffer

loss thereby;

(e)
the loss of local employment that is likely to be caused by the

making of the variation or revocation;

(f)
the extent to which such a variation or revocation might have

been made prior to the amendment to this Act made by the

Marine and Coastal Access Act 2009;

(g)
the extent to which there was a public right of fishery in the area

prior to the grant of the order such that the owners or reputed

owners do not have any right to redevelop.”’.

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’.

Public Bill Committee: 7 July 2009
63

Marine and Coastal Access Bill[Lords], continued

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.

Martin Salter

Dr Alan Whitehead

65


Clause  291,  page  187,  line  20,  leave out subsection (4) and add—

‘(4)
References to a person having a relevant interest in land shall have the same

meaning as that in section 45 of the CROW Act (interpretation of Part 1).’.

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,  at end insert ‘and shall put the proposed scheme or

any revised scheme out to public consultation.’.

Andrew George

54

Clause  296,  page  191,  line  31,  at end insert—

‘(c)
any period of the non-operation of a ferry which is in use as part of the

ordinary route.’.

Member’s explanatory statement

This amendment is designed to allow Natural England to propose an alternative route to act as a

diversion from the ordinary route when that ordinary route includes a ferry with a period of non-

operation.

Public Bill Committee: 7 July 2009
64

Marine and Coastal Access Bill[Lords], continued

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’.

Huw Irranca-Davies

59

Clause  296,  page  192,  line  16,  at end insert—

‘(2A)
The proposals which may be included in the report by virtue of subsection (2)(a)

or (b) do not include proposals relating to any part of the English coastal route—

(a)
which is established as a result of waters of a river being treated as part

of the sea by virtue of section 295 of the Marine and Coastal Access Act

2009 (river estuaries), and

(b)
the line of which passes over land which, for the purposes of section 3A

of the CROW Act (power to extend access land to coastal land etc:

England), is coastal land by virtue of subsection (11) of that section.’.

Member’s explanatory statement

This provides that coastal access reports may not propose to draw the landward boundary of

coastal margin or the landward or seaward boundary of the alternative route strip to coincide with

a physical feature where the coastal route passes over land adjacent to the waters of a non-tidal

river.

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.’.

Andrew George

55

Clause  296,  page  193,  line  4,  at end insert—

‘(h)
consult appropriate representative bodies for recreational users and land

management organisations,

(i)
consider any other representations received by them.’.

Member’s explanatory statement

This amendment is designed to add the organisations which have already been indicated by

Ministers in the Lords who be notified of reports and have their representations passed on to the

Secretary of State on reports to a list of organisations which will be consulted on the content of

reports.

Public Bill Committee: 7 July 2009
65

Marine and Coastal Access Bill[Lords], continued

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.”.

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—

‘(3)
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

Public Bill Committee: 7 July 2009
66

Marine and Coastal Access Bill[Lords], continued

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.

Huw Irranca-Davies

60

Clause  297,  page  199,  line  9,  after ‘land”’ insert ‘, subject to subsection (11),’.

Member’s explanatory statement

This amends the definition of coastal land in new section 3A of the CROW Act so as to make it

subject to subsection (11) of that section.

Huw Irranca-Davies

61

Clause  297,  page  199,  line  23,  at end insert—

‘(11)
Where—

(a)
waters of a river are treated as part of the sea by virtue of section 295 of

the Marine and Coastal Access Act 2009, and

(b)
the land at the brink of those waters does not form part of the foreshore,


that land is, for the purposes of the definition of coastal land in section 3 (as that

definition applies for the purposes of this section), to be treated as part of the

foreshore.”’.

Member’s explanatory statement

Where waters of a river are treated as part of the sea under clause 295, land at the brink of any

non-tidal waters are to be treated as part of the foreshore for the purposes of the definition of

coastal land in section 3 of the CROW Act.

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—

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

recreational vessels and equipment (including marinas, boatyards and

yacht clubs).”’.

Public Bill Committee: 7 July 2009
67

Marine and Coastal Access Bill[Lords], continued

Dr Alan Whitehead

Martin Salter

66


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

‘(10)
In Schedule 1 (excepted land for purposes of Part 1—Part II Supplementary

Provisions) at end insert—

“(18)
The land which is excepted land by virtue of paragraph 4 does not include

any land used or defined as a park—

(a)
over which the line taken by the English coastal route passes or

(b)
which is adjacent to and within a specified distance of the line.”’.

New Clause Relating to Part 9

Access to the coastal margin (No. 2)

Andrew George

Mr Roger Williams

NC7


To move the following Clause:—

‘(1)
Schedule 2 to the CROW Act is amended as follows.

(2)
In paragraph 1(c), at the end, insert “or in the case of that part of coastal margin

land which is foreshore, a dog or a horse.”’.

nEW sCHEDULE Relating to part 9

Andrew George

NS1

To move the following Schedule:—

“Amendments of the clean neighbourhoods and environment act 2005

1
The Clean Neighbourhoods and Envoronment Act 2005 (c. 16) is amended in

accordance with paragraph 2.

Dog control orders

2    (1)
Section 56 (Dog Control Orders: Supplementary) is amended as follows.

      (2)
After subsection (5)(b), insert—

“(6)
Regulations made under subsection (4) shall make provision for

Natural England to be included in any consultation to be undertaken

before any dog control order is made where the dog control order is to