Clause 296
Marine and Coastal Access Bill [Lords]
1:30 pm
Richard Benyon (Shadow Minister, Environment, Food & Rural Affairs; Newbury, Conservative)
I beg to move amendment 45, in 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.’.
Although we welcome the inclusion of amendments made in another place to rectify the fundamental omission from the Bill of an independent appeals process, we remain concerned that there may be cases after the establishment phase, possibly several years later, in which changes to circumstances make adjustments to local land management necessary. For example, walkers’ exercise of their right of access might prove different from what was expected, or, if ownership of the land changes, the new owner might want to manage the land differently. Perhaps the physical features of the coast itself will have altered over time due to erosion, climate change and so on, a factor noted in the guidance.
It would be desirable, of course, for adjustments to exclusions and restrictions to the right of access to be put in place by agreement with Natural England and/or the local access authority. However, where no such agreement can be achieved, it is important that occupiers should be able to appeal against a refusal by Natural England to alter a restriction or exclusion regime, as occupiers of open country can do currently under sections 24 and 30 of the CROW Act. Our amendment’s intention is simply to confirm that owners and occupiers of land and those on coastal margin will be able to appeal against refusals of their applications for changes in the exclusions and restrictions regime in the same way currently allowed in relation to open country under the CROW Act.