Landscape protection, recreation and public access
Improving Access to the English Coast
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On 3 April 2008 the Government published the draft Marine Bill for pre-legislative scrutiny before it is formally introduced into Parliament. The draft Bill helps fulfil the Government’s 2005 election manifesto commitment to introduce a new framework for the seas based on marine spatial planning, that balances conservation, energy and resource needs. Part 9 of the draft Bill contains provisions for improving access to the English coast.
The draft Bill has been scrutinised by two committees: the Efra (Environment, Food and Rural Affairs) Select Committee, which looked only at the coastal access proposals contained within the draft, and a Joint Committee made up of members from both Houses. The Committees’ reports were published on 22 and 30 July 2008 respectively. They can be viewed on the following pages:
- www.parliament.uk/parliamentary_committees/environment__food_and_rural_affairs/efra_draft_marine_bill.cfm
- http://www.publications.parliament.uk/pa/jt200708/jtselect/jtmarine/159/15902.htm
The Government is expected to respond to these reports towards the end of September having considered the recommendations made in them. As part of pre-legislative scrutiny, Defra also undertook a public consultation on the draft Bill. The consultation closed on 26 June and a summary of responses will be published in due course.
Following pre-legislative scrutiny we are considering whether any amendments to the draft Bill are necessary. The Bill will then be introduced to Parliament when the Parliamentary timetable allows. The earliest opportunity would arise in the next session of Parliament this autumn.
The draft Marine Bill places a duty on the Secretary of State and Natural England to secure a long distance route (“the English coastal route”) and land available for open-air recreation accessible to the public around the coast of England. In doing so the draft Bill amends existing legislation – namely the National Parks and Access to the Countryside Act 1949 and the Countryside and Rights of Way Act 2000.
The draft Bill, which incorporates a policy document, explanatory notes and an impact assessment, has been published on the Defra website at the following address: www.defra.gov.uk/corporate/consult/marinebill
The Government has published a document [PDF] (45 KB) explaining how the coastal access proposals will work, and in particular how the provisions in the draft Marine Bill; the National Parks and Access to the Countryside Act 1949; the Countryside and Rights of Way Act 2000; and proposed section 3 order under the 2000 Act will work together to deliver improved access to the English coast.
The Government has also published a document that sets out the measures it intends will be contained in the proposed section 3 order. This can be found on the following page: www.defra.gov.uk/marine/legislation Following Royal Assent of the Bill, we will carry out a consultation process on the details of such an order which must be approved by each House of Parliament.
To accompany the draft Marine Bill, Natural England has published an outline of the Scheme which it will use to decide where the new coastal access rights will apply at the local level. This document, which must be approved by the Secretary of State, sets out the practical considerations which will be taken into account in respect of particular land types and land uses. Natural England intends to publish a first full draft of the scheme at the time that the Marine Bill is introduced into Parliament. Once the Bill receives Royal Assent, Natural England will finalise the document in consultation with key interests before submitting it to the Secretary of State. The outline scheme can be viewed on Natural England's website at the following address: http://www.naturalengland.org.uk/leisure/access/coastal.
Background
The decision to legislate so that the public will have the right to walk around the English coast for the first time was made following the Consultation on Proposals to improve access to the English coast [PDF] (649 KB) which closed on 11 September 2007. A report summarising the responses is available to download [PDF] (544 KB).
The consultation followed Natural England`s report and advice to Government Improving coastal access Our advice to Government made in February 2007.
For more information on Defra and Natural England’s work, see the Frequently Asked Questions about access to the English coast.
For further enquiries please telephone 0117 372 8449 or email our shared e-mail account: coastal.access@defra.gsi.gov.uk
Page last modified: 20 August 2008