Clause 296
Marine and Coastal Access Bill [Lords]
10:15 am
Ann McKechin (Parliamentary Under-Secretary, Scotland Office; Glasgow North, Labour)
The hon. Member for Newbury raises legitimate concerns about the complexity as we go further up rivers and estuaries. That is why the Bill gives Natural England flexibility to propose the establishment of routes up the estuaries. We realise that estuaries can be small, medium and large. They are very different. Each has its own unique circumstances. Natural England can decide not to run the long distance route up the estuary and down the other side if the difficulties of taking the route around the estuary outweigh the benefits.
We understand that there are challenges. The ability to include estuaries is bound by a strict set of criteria set out in clause 291. Natural England must have regard to:
“(a) the safety and convenience of those using the English coastal route,
(b) the desirability of that route adhering to the periphery of the coast and providing views of the sea, and
(c) the desirability of ensuring that so far as reasonably practicable interruptions to that route are kept to a minimum.”
Natural England must additionally have regard to the matters set out in clause 295(4):
“(a) the nature of the land which would...become part of the coast...
(b) the topography of the shoreline...
(c) the width of the river upstream to that limit;
(d) the recreational benefit to the public of the coastal access duty being extended...
(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
(g) the existence of a ferry ”.
The list is not exclusive. It must be remembered that at all timeswhen discharging the coastal access duty, Natural England must also aim to strike a fair balance between the interests of the public in having rights to access and the interests, including the economic interests, of owners and occupiers. That has to be a fair balance of those interests.