Coastal Access
John Laidler outlines proposals for new Rights of Way legislation
The Countryside and Rights of Way Act 2000 (CROW), which opened up the right of access to 'open country', made provision for the subsequent extension of access to the coast. Continuing government support for coastal access was underlined in its Rural Manifesto (April 2005) that stated, "improving access to coastal areas will be an early priority of Labour's third term". In 2005 the Countryside Agency, English Nature and the Rural Development Service were given the task of considering the best way of improving access to the English coast. These three bodies merged to become Natural England, which was charged with producing advice to the Government by February 2007.
Natural England (NE) was asked to work to a vision of “A coastal environment where rights to walk along the length of the English coast lie within a wildlife and landscape corridor that offers enjoyment, understanding of the natural environment and a high quality experience; and is managed sustainably in the context of a changing coastline”. Moreover, NE needed to work to three key outcomes:
- It will be possible to walk along and enjoy the length of the English Coastline,
- the coastline becomes more accessible,
- coastal wildlife, landscape, and quality of enjoyment improve through integrated action and policies.
A wide-ranging research and consultation process was undertaken by NE which submitted its report Improving Coastal Access: Our advice to Government in February 2007. To achieve the desired outcomes, NE looked at four options: use of the Highways Act 1980 (using existing rights of way); using the CROW Act; seeking voluntary measures to create permissive access; introducing new legislation to create a coastal access corridor. NE concluded that no existing mechanisms would provide a solution to meet the vision set out by Government; hence, it recommended that the answer lies in providing a coastal access corridor implemented through new legislation. The project is estimated by NE to cost around £5m per year over the 10-year creation phase.
NE’s report was embodied in a paper Consultation on proposals to improve access to the English coast issued by the Department for Environment Food and Rural Affairs (defra) in June 2007. The closing date for responses was 11th September 2007. It was expected that Local Access Forums would be major respondents and with this in mind, defra held a series of events for local access forum members to help inform them about the proposals.
On 27th September 2007 the government announced that it had accepted NE’s proposals and that it will legislate for the right of access to the English coast, using the Marine Bill presently being developed. In due course, defra will publish the responses received to its consultation paper. These will no doubt feature in the debate during the implementation of the proposed legislation.
Several bodies and individuals have expressed doubts about the creation of a coastal corridor for walkers. Conservation groups such as the Royal Society for the Protection of Birds (RSPB) and Wildlife Trusts are concerned about the possible impact on the habitats of wildlife and plants. Landowners, represented for example by the Country Land and Business Association (CLA), have questioned the necessity for the project; not surprising, perhaps, when one of NE’s proposals is that “There should be a working assumption against paying compensation for public access along the coast”. Other prospective users, for example, cyclists and horse riders, are concerned that their needs will be neglected.
The government’s intention is clear but there is likely to be a lively debate before a coastal path becomes a legal reality.
CITY AND COUNTY
November 2007
