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Proceeding contribution from Lord Taylor of Holbeach (Conservative) in the House of Lords on Tuesday, 21 April 2009. It occurred during Committee of the Whole House (HL) and Debate on bill on Marine and Coastal Access Bill [HL].


Marine and Coastal Access Bill [HL]

In moving Amendment A282A, I shall also speak to the other amendments in the group. The amendments seek to clarify who is considered to have a relevant interest in land. The Bill is confusing in two respects; the relevant definitions of Clauses 287 and 292 are not the same as the definitions that are used in the CROW Act, and even more confusingly, despite the similarity between the schemes—indeed, the Bill uses CROW Act mechanisms extensively—the two definitions are not even the same as each other. The question of who has a relevant interest in land is not trivial. We will come to the much anticipated debate over the right to an appeal, but even with the current provisions in the Bill it is acknowledged that those with a relevant interest in land should have certain privileges when it comes to the right to be consulted and to make representations. Indeed, the Minister confirmed that in an earlier debate, so I expect him to agree to this position. In all the enthusiasm for establishing a coastal access route, which we all agree is a good thing, we must not forget that we are extending the public sphere into private ground. Inevitably, there will be an impact not only on those who hold the land outright but on those who currently use it. Quite rightly, the CROW Act considered that those holding a licence or agreement on the land also have an interest. They have often paid significant amounts of money for the right to undertake various activities. Why have the Government chosen to exclude them from having an interest taken into account, or is this just an inadvertent error in drafting the Bill? I beg to move.


Secondary information

Type
Proceeding contribution
Reference
709 c1374-5 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Compensation Devolved matters Appeals Armed forces Decommissioning Costs Coastal areas Common land Delegated legislation Coastal erosion Land Licensing Dogs Liability Environment protection Ferries Energy Legislative competence Farms Inland waterways Land use Environment Agency Isles of Scilly Floods Isle of Wight Estuaries Local government Navigation Livestock Planning Ports Public consultation National Assembly for Wales Public footpaths Nature conservation Parish and town councils National parks Ministry of Defence Scotland Wales Rights of way Repairs and maintenance Shipping Seas and oceans Wildlife Rural areas Firing ranges Islands Natural England Lundy Island
Legislation
Marine and Coastal Access Bill (HL) 2008-09
National Parks and Access to the Countryside Act 1949
Link
View this Proceeding contribution on www.publications.parliament.uk