Clause 296
Marine and Coastal Access Bill [Lords]
1:00 pm
Richard Benyon (Shadow Minister, Environment, Food & Rural Affairs; Newbury, Conservative)
I beg to move amendment 44, in 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.’.
The amendment would provide for owners and occupiers of land to make a formal request to Natural England for a map. It would require Natural England, if it declined such a request, to state its reasons for doing so in its report to the Secretary of State. That would discourage vexatious requests and encourage close co-operation between the owner or occupier of land and Natural England to identify the most appropriate method of defining the extent of the coastal margin.
As the Bill stands, unlike the coastal route itself, the spreading room associated with it is not automatically subject to a mapping requirement. Instead, we are to rely primarily on the descriptions in the reports made by Natural England to the Secretary of State. Given that a reduced liability will be associated with spreading room, it is all the more important that there be clarity on legal responsibility, to protect the landowner or occupier of the land and the user. A textual description alone, especially in respect of complicated areas, may result in considerable confusion in the minds of all users: the landowners, occupiers and walkers.
Some progress was made on the issue in another place. An amendment to clause 296 has given owners and occupiers the right to request a map if one has been produced to show the extent of any spreading room on their land. However, that amendment does not adequately deal with the problem, as it remains the case that Natural England is not committed to produce a map in the first place. That is an essential difference with the Countryside and Rights of Way Act 2000.
This simple amendment would deal with a problem that is likely to arise, without individuals having to invoke the appeals process. It would be absurd for owners and occupiers to have to invoke the new objection procedure merely to obtain a map to clarify the boundaries of spreading room on their land. If genuine doubts are expressed by owners and occupiers about the clarity of any description of the boundaries of spreading room, Natural England should consult them closely and look favourably on any reasonable request for mapping.