Marine and Coastal Access Bill [HL]

My Lords, I am grateful to the noble Lord for again raising this matter, on which I have had discussions with outside groups between Committee and Report. We believe that some interests should have a further right to be consulted, to make full representations to the Secretary of State and to benefit from the objections procedure set out in my Amendment 124U, which we shall discuss soon. We think that the coast raises different issues from those raised by the open country under the CROW Act. There are different land types, and interests at the coast must be considered. Land mapped as access land under CROW included a number of grouse moors that made shooting interests particularly pertinent to the legislation, while rights of common were particularly important, as areas of registered common land were mapped. These were two specific interests that could easily be identified as being particularly relevant to the mapping process. However, with coastal land, many more interests, both access and landed interests, are potentially affected by Natural England’s proposals. We identified and set out in the Bill the people whom we believe it is appropriate to include within the definition of those with a relevant interest in affected land. That is set out in Clause 287(4) and in new Section 55J(2) under Clause 292: the owner of the land, a leaseholder and a person in lawful occupation of the land. Of course we expect all those interests to be taken into account when Natural England draws up proposals for the coastal route and margin. The Bill provides for extensive preliminary work and consultation before Natural England draws up proposals. Natural England will seek to involve local authorities fully. Indeed, my Amendment 124FC, which, again, we will discuss later, will require Natural England to do that wherever the local authority is willing and able to undertake the work. The local authority will have an in-depth knowledge of local interests, such as shooting interests, and will be able to advise Natural England on the proper persons who should be consulted. Natural England has also said that it will draw up draft proposals, which will include information on any exclusions and restrictions that it considers necessary. It will advertise its proposals and ask for comments. That is set out in its draft scheme. That will provide the opportunity for anyone to make his views known and for them to be taken into account by Natural England. There are also safeguards for those with other interests, should they feel that Natural England has not taken into account their views adequately. They can make representations, which Natural England must summarise. Natural England must then send the summary with its comments to the Secretary of State. The Secretary of State must consider that information in reaching his determination on any proposal in Natural England’s coastal access report. Of course, he will take particular note of representations made by anyone with the sort of important and valuable interests that I know lie behind the noble Lord’s concern and are the reason why he is moving the amendment. As a final safeguard, those with relevant interests as defined by Section 45 of the CROW Act will have the same rights as they do for open country to apply for restrictions and exclusions of access for land management reasons. That can include, for example, management for shooting or the holding of commercial events. They can apply to exclude access from the land for either a short or a longer period, subject to review every five years. Alternatively, they can apply to restrict access, for instance by preventing people from picnicking on the land or asking them to keep to a particular route. Natural England must issue a restriction or exclusion direction if it is necessary and access cannot be suitably managed in any other way. If the application is turned down or a direction proposed by Natural England is not in accordance with the terms of the application, there is a right of appeal to the Planning Inspectorate under Section 30 of CROW. The relevant authority guidance issued by Natural England sets out how it will determine applications from land managers on open access land. Natural England will be looking to issue further guidance on any land management restrictions specifically relevant to coastal land. In essence, we have to get the balance right. Clearly, given the amendment that I shall move later, which the noble Lord supports, we have listened carefully on the issue of landowner and other interests having the right of review. We think that we have drawn the line about right. We think that the other mechanisms in the Bill and under CROW will be sufficient to allow people who have shooting rights, for instance, to make their views known and to have them properly taken into account. I hope that the noble Lord will recognise that I have listened carefully to the representations made. I understand them, but I think that we have the balance right.