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
190

294
Review of the coastal access scheme
(1)
Where a scheme has been approved under section 293, Natural England may,
from time to time, review the scheme (as revised from time to time under that
section).
(2)
At least one review must be completed within the period of 3 years beginning
5
with the day on which a scheme is first approved under section 293(2).
(3)
Natural England must publish a report of each review under this section as
soon as reasonably practicable after the review is completed.
295
The English coast
(1)
In this Part “the English coast” means the coast of England adjacent to the sea,
10
including the coast of any island (in the sea) comprised in England (other than
an excluded island).
(2)
An island is “excluded” if it is neither—
(a)
an accessible island, nor
(b)
an island specified by the Secretary of State by order for the purposes
15
of this paragraph.
(3)
An island is “accessible” if it is possible to walk to the island from the mainland
of England, or from another island within subsection (2)(a) or (b), across the
foreshore or by means of a bridge, tunnel or causeway.
(4)
For the purposes of subsection (3), it is possible to walk to an island even if it is
20
possible to do so at certain times, or during certain periods, only.
(5)
An island may be specified by an order under subsection (2)(b) only if the
Secretary of State is satisfied that the coast of the island is of sufficient length
to enable the establishment of one or more long-distance routes along its length
capable of affording the public an extensive journey on foot.
25
(6)
For the purposes of the objective in section 291(2) (the English coastal route),
the means of access to an accessible island is (to the extent that it would not
otherwise be the case) to be regarded as part of the English coast.
(7)
This section is subject to section 302 (Isles of Scilly).
296
River estuaries
30
(1)
This section applies in a case where the continuity of any part of the English
coast is interrupted by a river.
(2)
Natural England may exercise its functions as if the references in the coastal
access provisions to the sea included the relevant upstream waters of the river.
(3)
For this purpose “the relevant upstream waters”, in relation to a river, means—
35
(a)
the waters from the seaward limit of the estuarial waters of the river
upstream to the first public foot crossing, or
(b)
if Natural England so decides, the waters from the seaward limit of the
estuarial waters of the river upstream to such limit, downstream of the
first public foot crossing, as may be specified by it.
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(4)
When exercising any power conferred by subsection (2) or (3), Natural England
must have regard to the following matters (in addition to the matters
mentioned in section 292(2))—
(a)
the nature of the land which would, for the purposes of this Part,
become part of the coast of England if Natural England exercised the
5
power in subsection (2) in respect of the relevant upstream waters for
the limit under consideration;
(b)
the topography of the shoreline adjacent to those waters;
(c)
the width of the river upstream to that limit;
(d)
the recreational benefit to the public of the coastal access duty being
10
extended to apply in relation to the coast adjacent to those waters;
(e)
the extent to which the land bordering those waters would, if it were
coastal margin, be excepted land;
(f)
whether it is desirable to continue the English coastal route to a
particular physical feature (whether of the landscape or otherwise) or
15
viewpoint;
(g)
the existence of a ferry by which the public may cross the river.
(5)
Anything done pursuant to subsection (2) (including any decision under
subsection (3)(b)) is to be regarded as done pursuant to, and for the purpose of
discharging, the coastal access duty.
20
(6)
Subsections (1) to (5) apply in relation to the Secretary of State as they apply in
relation to Natural England.
(7)
A decision by Natural England to exercise a power conferred by subsection (2)
or (3) in relation to a river—
(a)
is without prejudice to any decision by the Secretary of State (by virtue
25
of subsection (6)) as to whether or not to exercise such a power in
relation to the river, and
(b)
does not affect the requirements of subsection (4) (as they apply by
virtue of subsection (6)) or of section 292(2) and (3), in relation to such
a decision by the Secretary of State.
30
(8)
In this section—
“coastal access provisions” means—
(a)
this Part (other than this section), and
(b)
sections 55A to 55J of the 1949 Act;
“excepted land” has the same meaning as in Part 1 of the CROW Act;
35
“public foot crossing”, in relation to a river, means a bridge over which, or
tunnel through which, there is a public right of way, or a public right of
access, by virtue of which the public are able to cross the river on foot.
Implementation of the coastal access duty
297
Long-distance routes
40
(1)
After section 55 of the 1949 Act insert—
“55A
Proposals relating to the English coastal route
(1)
Pursuant to the coastal access duty, Natural England may prepare and
submit a report under section 51 containing proposals for a route
(whether or not the requirements of section 51(1) are satisfied).
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(2)
For the purposes of subsection (1) it is immaterial whether the route or
any part of it is already a route in approved proposals relating to a long-
distance route.
(3)
In subsections (4) and (5) “preliminary activity” means activity which
Natural England considers would facilitate the preparation by it of a
5
report under section 51 pursuant to the coastal access duty.
(4)
Where Natural England considers it necessary or expedient for
preliminary activity to be carried out as respects any land, it must—
(a)
consider whether it would be appropriate for the access
authority in relation to that land to carry out any of the
10
preliminary activity, and
(b)
if it concludes that it would be so appropriate, take all
reasonable steps to enter into an agreement with the access
authority for that purpose.
(5)
An access authority may, as respects any land in its area, enter into an
15
agreement with Natural England under which the access authority
undertakes to carry out preliminary activity.
(6)
In this section “the coastal access duty” means the duty imposed on
Natural England and the Secretary of State by section 291(1) of the
Marine and Coastal Access Act 2009.
20
55B
Route subject to erosion etc
(1)
This section applies in relation to a report under section 51 prepared
pursuant to the coastal access duty.
(2)
Where Natural England considers that the area through which the
route passes is an area to which subsection (3) applies, the report may
25
set out proposals for the route, or any part of it, to be determined at any
time in accordance with provision made in the proposals (rather than
as shown on a map).
(3)
This subsection applies to an area if it is or may be—
(a)
subject to significant coastal erosion or encroachment by the
30
sea, or
(b)
subject to significant physical change due to other
geomorphological processes.
(4)
The provision made by virtue of subsection (2) may, in particular,
provide for the route to be determined by reference to the edge of a cliff
35
or boundary of a field (as it exists from time to time).
(5)
Where the report contains proposals under subsection (2), the map
included in the report in accordance with section 51(2) must show the
route as determined, at the time the report is prepared, in accordance
with those proposals.
40
(6)
Natural England must consult the Environment Agency before
exercising its powers under subsection (2) in respect of an area which is
or may be—
(a)
subject to significant coastal erosion or encroachment by the
sea, or
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(b)
subject to significant physical change due to other
geomorphological processes in relation to which the Agency
has functions.
55C
Alternative routes
(1)
This section applies in relation to a report under section 51 prepared
5
pursuant to the coastal access duty.
(2)
The report may include, in relation to the route (“the ordinary route”)
or any part of it, a proposal under subsection (3) or (4).
(3)
A proposal under this subsection is a proposal for an alternative route
which is to operate as a diversion from the ordinary route, or part,
10
during one or both of the following—
(a)
any specified period (or periods), and
(b)
any period during which access to the ordinary route or part is
excluded by reason of a direction under Chapter 2 of Part 1 of
the CROW Act (exclusion or restriction of access).
15
(4)
A proposal under this subsection is a proposal for an alternative route
which is to operate as an optional alternative to the ordinary route, or
part, during any period for which the ordinary route, or part, might
reasonably be regarded as unsuitable for use by reason of—
(a)
flooding,
20
(b)
the action of the tide,
(c)
coastal erosion or encroachment by the sea, or
(d)
the effect of any other geomorphological process.
(5)
In subsection (3)(a) “specified” means—
(a)
specified in, or determined in accordance with, the proposal, or
25
(b)
determined in accordance with the proposal by—
(i)
a person specified in the proposal, or
(ii)
a person determined in accordance with the proposal,
details of whom are notified to Natural England in
accordance with the proposal.
30
(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.
35
(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
40
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
45
with a physical feature so identified.

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(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
relevant coastal margin.
5
(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
considers appropriate as to the directions to be made by it under
10
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
complying with section 51(4))—
15
(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
to be consulted under section 51(4)),
20
(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,
(e)
consult the Secretary of State in relation to any interests of
25
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
England in relation to any interests in the preservation of any
30
monument, structure or other thing, mentioned in section
26(3)(b) of the CROW Act which may be affected by those
proposals, and
(g)
consult the Environment Agency in relation to any interests in
flood defence, or in the management of the effects of coastal
35
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
England with such information as it may reasonably require for the
purposes of the report.
40
(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
reasonably require as to any exclusion or restriction of the right
of access to affected land under section 2(1) of the CROW Act
45
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
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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
considers relevant for the purposes of the report.
5
(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—
(a)
provision about the procedure to be followed when a report is
10
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
(1)
This section applies where approved proposals relating to a long-
15
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.
(2)
Natural England must make the direction in accordance with those
20
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
(1)
This section applies where—
25
(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.
(2)
The reference in section 53(1) to the highway authority for either or
30
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
the English coastal route to be connected to another part of that route
35
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—
(a)
the procedural requirements apply with the necessary
40
modifications, and
(b)
section 55(3) does not apply.
(2)
The Secretary of State may by regulations provide—

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(a)
that, in relation to a direction under section 55(2) pursuant to
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)
5
pursuant to the coastal access duty at a time when there are no
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;
10
“the procedural requirements” means sections 51(4) and (5), 52(1)
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
15
gives a direction by virtue of Chapter 2 of Part 1 of the CROW Act
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.
20
(2)
This section does not apply if the direction by virtue of that Chapter is
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.
25
(4)
The temporary route specified by Natural England may pass only—
(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
30
public apart from that Act,
(c)
along a highway, or
(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
35
a direction where the temporary route specified passes over land of a
type described in subsection (4)(d).
(6)
A direction under this section—
(a)
must be in writing, and
(b)
may be revoked or varied by a subsequent direction under this
40
section.
55J
Interpretation of sections 55A to 55J
(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;
45
“affected land” means—