Marine and Coastal Access Bill [HL]

My Lords, I am glad that the noble Lord has brought this matter back, because it allows me, I hope, to give him some reassurance. He speaks with great experience, and I fully accept that estuary salt marshes and mudflats are complex and varied environments. Natural England will take into account all circumstances when making decisions. Because of the issues that the noble Lord has raised, we intend that a Section 3A order, which we will introduce after the Bill has come into force to amend the CROW Act for coastal land, will introduce a new direction, enabling Natural England to exclude or restrict access to an area of salt marsh or mudflat if it is satisfied that the land is unsuitable for public access. I hope that this answers the point raised by the noble Lord, Lord Taylor. This will enable each area to be considered on a case-by-case basis. As the noble Lord said, Natural England’s draft scheme already makes it clear that the route will not normally be positioned on mudflats and salt marshes, which will not normally be coastal margin unless Natural England considers them suitable for open-area recreation. However, where local communities have traditionally accessed mudflats for recreation, such access should be recognised. The proposals have therefore been designed to give the flexibility to enable this, while giving necessary protection to valuable habitats and wildlife. That is why we prefer to use an order rather than go down the route that the noble Lord’s amendment would take us. There will of course be a public consultation on the proposed order, which is affirmative and will have to be debated and approved by both Houses. Once the right of access to coastal land is implemented, those with relevant interests as defined by Section 45 of the CROW Act will have the same rights as they do now for open country to apply for restrictions and exclusions of access for land management reasons, which can include management for shooting or the holding of commercial events. In those instances 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 the CROW Act. We agree with the noble Lord’s concerns, but we prefer the flexible approach of an order because there are situations where, for instance, local communities have traditionally accessed mudflats for recreation and we do not want to inhibit that. I hope that the noble Lord is reassured that, on the substance of what he is seeking to clarify, we believe that the new type of direction for Natural England will enable us to deal with access to areas of salt marsh or mudflat.