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Marine and Coastal Access Bill [HL]

I am grateful to all noble Lords who have spoken in this interesting debate for the extent to which it has probed how Natural England will review aspects of the scheme. Clause 289 enables Natural England to make any necessary improvements or additions to the approved scheme in the light of experience on the ground following implementation of the new rights. I listened carefully to the noble Lord, Lord Greaves. I note that rather than saying, "What we want, we want it now", he was going for a longer period than the Government are proposing on review. We suggest within three years. He has taken a somewhat unexpected position but I have listened carefully to what he had to say. However, he must also have taken into account the Select Committee in the other place. It thought that the review ought to take place within one year of establishment work starting on the ground. We are not saying one year. I listened to what the noble Lord has said and I recognise the validity of his points. We need to be able to look at the picture that will develop. However, I assure him that, with Members in the other place taking the view that this could be reassessed very rapidly indeed, if the Government take the position of three years and he takes the position of five years, it looks as though the Government have got it just about right. I therefore want the noble Lord to consider that important representation from the other place before we finish considering the Bill. It was their view, so he must recognise that, for some, rapid assessment of the position is an important dimension. We take into account all the points that have been made in this debate. We need Natural England to be in a position to learn significant lessons which can be applied in implementing the programme. A review that takes place within three years is both entirely practicable and entirely reasonable. Amendment A306 would have the effect of requiring Natural England to undertake a review of the scheme as soon as practicable following the completion of the English coastal route. I categorically assure the Committee that, once the coastal route has been completed, both the Government and Natural England will want to review the scheme and the programme of implementation. Noble Lords are pushing not only at an open door but at a door that is firmly affixed in that position, because we recognise that it will be necessary to look at the scheme at that time. That is why, although I entirely accept the sentiment that the noble Lord, Lord Greaves, expressed with regard to Amendment A306, it is unnecessary to put it in the Bill. Any such review will, of course, accord with the principle of sound management within the Government and Natural England. Natural England will in due course report to Parliament on its progress after 10 years. We have therefore placed the necessary obligations on Natural England in the Bill. I give certainty about the review, which is what this amendment seeks. I recognise the reasoning behind Amendment A353, which the noble Lord, Lord Taylor, tabled. It would place on Natural England a new duty to review a coastal access report at specified times and, in certain circumstances, at the request of a person with a relevant interest in the land. It is unnecessary to add a new requirement on Natural England to review a coastal access report made under Section 51. The problem with such a review is that it might lead to a large number of requests being made to Natural England, placing on it an entirely unfair burden. That is also the problem with Amendment A357B. After all, it means that any person with a relevant interest in land could trigger a review on certain grounds. I emphasise that, of course, Natural England is already able to review a report if it thinks that it is necessary. Provisions in the 1949 Act and in the Bill envisage that Natural England will do this of its own volition. Therefore, it is unnecessary for us to accept the two amendments. Nor is it appropriate or necessary to involve the Planning Inspectorate. Chapter 2 of the CROW Act contains existing mechanisms for a landowner to apply for new restrictions and exclusions for certain reasons. The existing rights of a landowner in those terms will stay in place for the coastal margin, with certain modifications to take account of the coastal situation. There is no need for an additional review of exclusions and directions to be put in place. However, I listened carefully to what the noble Lord, Lord Cameron of Dillington, said in support of the amendment, and to the noble Baroness, Lady Byford, and, of course, to what the noble Lord, Lord Taylor, said. We will consider further whether there are circumstances in which Natural England should be required to review the proposals. For instance, as the noble Baroness, Lady Byford, indicated, there might be changes to a route, or it might be blocked because land becomes excepted from the right of access, or other difficulties might arise. I accept entirely the point that she made about those circumstances. I think that was also the burden of the remarks of the noble Lord, Lord Cameron, and of the noble Lord, Lord Taylor. We will consider that matter further. The amendment in the name of the noble Lord, Lord Taylor, raises a significant point, for which he has received support in several parts of the Committee. I hope that I have convinced the Committee that we have considered these issues. We are not in any way expressing a position in the Bill that greatly diverges from the points made this afternoon except with regard to the three-year period. I ask the noble Lord, Lord Greaves, to bear in mind the point that I made on that issue.