House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
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Other Bills before Parliament

23

House of Commons

Thursday 9 July 2009

Public Bill Committee Proceedings

Marine and Coastal Access Bill [Lords]

[Seventh and Eighth Sittings]

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Withdrawn  42

Clause  292,  page  188,  line  5,  at end insert ‘and shall put the proposed scheme or

any revised scheme out to public consultation.’.

Clause Agreed to.

Clause 293 Agreed to.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Not selected  74

Clause  294,  page  188,  line  30,  at end insert ‘but will not apply beyond the seaward

limit of the esturial waters of the river.’.

Clause Agreed to.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Not selected  75

Clause  295,  page  189,  line  8,  leave out ‘Natural England may exercise’ and insert

Public Bill Committee Proceedings: 9 July 2009
24

Marine and Coastal Access Bill [Lords] continued

‘if Natural England exercises’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Not selected  76

Clause  295,  page  189,  line  9,  at end insert ‘it must explain in the coastal access

report how the recreational benefit to the public of the coastal access duty being extended

to land adjacent to esturial waters outweighs the matters in sub-paragraph (4).’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Not selected  77

Clause  295,  page  189,  line  33,  at end insert—

‘(h)
the existence of any environmental designations.’.

Clause Agreed to.

Andrew George

Withdrawn  54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.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Not called  47

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

‘(e)
future coastal developments’.

Huw Irranca-Davies

Withdrawn  59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.’.

Public Bill Committee Proceedings: 9 July 2009
25

Marine and Coastal Access Bill [Lords] continued

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Withdrawn  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

Not called  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.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Negatived on division  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

Not called  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’.

Public Bill Committee Proceedings: 9 July 2009
26

Marine and Coastal Access Bill [Lords] continued

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Not called  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

Withdrawn  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

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

have been implemented.’.

Clause Agreed to.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Withdrawn  48

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

Mr Hugo Swire

Not selected  67

Schedule  19,  page  306,  line  4,  at end insert—

‘(8)
Where the Secretary of State approves proposals contained in a coastal access

report which do not strike a fair balance, then a person with an interest in land

may make a claim equal to the amount of depreciation or damage suffered as a

result of the creation of coastal access across that land and any land held together

with the affected land.’.

Schedule Agreed to.

Huw Irranca-Davies

Not moved  60

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

Public Bill Committee Proceedings: 9 July 2009
27

Marine and Coastal Access Bill [Lords] continued

Huw Irranca-Davies

Not moved  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.”’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Withdrawn  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).”’.

Dr Alan Whitehead

Martin Salter

Withdrawn  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.”’.

Clause Agreed to.

[Adjourned until Tuesday 14 July at 10.30 am