Marine and Coastal Access Bill [HL]

My Lords, I am grateful to noble Lords who have spoken on these amendments, particularly the noble Lord, Lord Taylor, for setting out so clearly the concerns that some may have about the possible location of the coastal route and its impact on privacy. We understand those concerns and contend that we successfully address them in this legislation. As the noble Lord indicated, his first amendment would ensure that the expectation of privacy is considered as part of the fair balance between the public and personal relevant interests in the land. Of course the privacy of the landowner will be part of the consideration of the relevant interests of any person in the land, which will be taken into account alongside other relevant considerations. The noble Lord is right to emphasise it, but it is part of the landowner’s interests. The flexible way in which the legislation is intended to work, alongside the duty on the Secretary of State and Natural England to strike a fair balance between those with an interest in the land and the interests of the public, plus the provisions for certain categories of land such as buildings and their curtilage to be excepted from the right of access, will, we contend, enable Natural England to avoid locating the route where there could be an adverse impact on business or property. I understand the point that the noble Lord, Lord Taylor, made—that privacy is part of the ownership rights of the landowner, which he identified as a category. Natural England has made it clear in section 9.9.2 of its draft scheme that where the route goes to the landward of a holiday cottage, any buildings and their curtilage, including gardens, which are excepted land, will not become spreading room, even where this prevents the public reaching adjacent cliffs and beaches. I draw attention to the fact that later today we will consider government Amendment 124U, which includes an objection procedure that will enable a person with a relevant interest—along the lines indicated by the noble Lord, Lord Taylor—who wishes to seek a modification or make an objection to Natural England’s proposals for the route to put this forward to an appointed person for consideration. We will discuss that amendment later, but I refer to it now because it is an important aspect of privacy rights and the rights of the landowner. Therefore, I do not consider that it is necessary to include the proposals set out in Amendment 124FZA, as I maintain that we have taken into account the interests of the landowner and have allowed for objections to be made where that is appropriate. Amendment 124SA seeks to ensure that where land is excepted land and there is an expectation of privacy on that land it will not be excluded from the description of excepted land. We have said that we intend to amend the categories of excepted land in the CROW Act so that land within 20 metres of a dwelling and land within 20 metres of a building which is used for housing livestock, not being a temporary or movable structure, is not excepted land for the purpose of coastal access land. These are categories of land that we do not consider appropriate to except in the context of the coast where, unlike the extensive areas of mountain, moor, heath, down and registered common land under CROW, access will be limited to a margin of land next to the sea. In addition, Natural England will use existing access, for example existing rights of way, where it is appropriate to do so. As we hinted earlier, many rights of way could enable coastal access. There are many examples of existing public rights of way that run closer to buildings than 20 metres. Other exceptions, particularly the exception for curtilage, will have the effect of protecting the privacy of residents. We have indicated in a paper setting out the main measures that the Government expect to include in an order under Section 3A of the CROW Act that we intend to consult on the appropriate treatment of camp and caravan sites with their owners in so far as it may prove necessary to provide a route through them. I am not surprised that the noble Lord, Lord Taylor, raised this challenging issue regarding access to the coastal path. It will be appreciated that in some cases this measure will be necessary, as these areas can be very extensive. We will have to strike agreements with private owners in these cases, but I make it clear that that will be done on the basis of consultation. I emphasise that any such order will be an affirmative resolution order and will therefore need to be debated and passed by both Houses before implementation. Where there is development at the coast, Natural England will seek to position the route to the seaward or may in some circumstances, of course, go inland around the development. Where there are caravan sites or campsites, the best position for the route will often be along the seaward edge, but we are proposing that the route may pass through a site if this is the best, or perhaps even the only real, alternative. This would simply involve a route through; it would not include the concept of spreading room. That would not be created on land occupied by a formal camp or caravan site; only the coastal path would be the subject of negotiation, consultation and decision—not the spreading area—when the path went through private property of this kind. As elsewhere, Natural England will consult the site operator on the best means of achieving continuity of access along the coast—which is the most desirable option—and the route will be chosen to balance business interests with public interests. Natural England will also be able to place restrictions on the use of such access, if that proves to be necessary in certain circumstances. So I hope that the noble Lord, Lord Taylor, will accept that we understand the motivation behind the amendment, and that we are addressing this in particular and considerate terms so that there can be a balance between what is often quite an extensive area of a caravan site or a formal campsite and preserving the concept of the coastal path. I hope that the noble Lord will accept the reassurances on that front and that, on his first amendment, as I have indicated, we recognise the concept of privacy as being part of the interest of the landowner. However, at times there will be marginal and difficult decisions, and later this evening we will propose an amendment which gives rights to the landowner to challenge any position that Natural England establishes. I hope that the noble Lord is sufficiently reassured to be able to withdraw his amendment.