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Marine and Coastal Access Bill [HL]

This has been an interesting debate. Clause 292 inserts new sections into Part IV of the National Parks and Access to the Countryside Act 1949. New Section 55B provides for the coastal route to roll back where the cliff is subject to significant erosion or other forms of coastal change and says that in relevant areas, the route may be identified according to the proposals made in Natural England’s report, for example, by proximity to a cliff edge or in relation to a field boundary. Amendment A326, moved by the noble Lord, Lord Greaves, would have the effect of applying this section where the change is likely to occur within the next 10 years. It is clear that Natural England will have to give detailed consideration to such areas, but there is a problem in setting a time limit. Without being a scientist, it is perfectly possible to see that a section of coastal pathway is subject to significant erosion, but it is generally more difficult to determine when the erosion may take place. Is it one year, 10, 20 or 50 years? While I understand exactly where the noble Lord is coming from, that is why we are rather resistant to putting a time limit into primary legislation. It would fetter the flexibility of Natural England in that regard. Amendments A328A, A329 and A330 deal with matters where an area is or may be subject to significant coastal erosion or encroachment by the sea, or to any significant physical change due to other geomorphological processes in relation to which the Environment Agency has functions. The amendments would remove the reference to the agency’s functions where the agency must be consulted. Let me make it clear that if the agency has no relevant functions, it would be unable to give any advice as a statutory body. If the amendments were accepted, Natural England would also have to consult with regard to physical change as a result of actions by public bodies. The relevant functions of the Environment Agency that we have in mind are these. The agency has specific functions in relation to flood risk and flood defence management, which are relevant to new Section 55B(6)(a) and set out in the Water Resources Act 1991 and the Environment Act 1995. In relation to new Section 55B(6)(b) the functions referred to are those in the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003, the Water Resources Act 1991 and the water framework directive itself. The agency, as the flood risk management authority, needs to be aware of areas on the coastal access route which are at risk of encroachment by the sea and from coastal erosion. As the competent authority for the water framework directive, it needs to be aware of risks to surface water and ground water bodies from physical change due to other geomorphological processes. That is why it is relevant that the Environment Agency should have functions and must be consulted. The noble Earl, Lord Cathcart, asked about consultation and a review of the route. The normal process for consultation is by proposals made in Natural England’s report. Consultations take place on a variation of the proposals just as they would for the initial route. I hope therefore that I can reassure him on the general point about consultation. New Section 55B deals with the rollback mechanism, which is appropriate for natural changes that cannot be predicted. The management of coastal erosion, flood defences and actions taken by public bodies in relation to these will be very important factors which Natural England will have to take into account when designating the route. In some cases, Natural England may indicate that the route will be reviewed when planned management measures take place. I can reassure noble Lords that the Environment Agency will be a key player in all this, and the Bill already requires Natural England in new Section 55D to consult the agency before preparing a report in relation to any interests in flood defence, in the management of the effects of coastal erosion, or in encroachment by the sea. It must also consult the agency before giving a direction for a temporary diversion in certain circumstances. The noble Baroness, Lady Byford, spoke to Amendment A326A which she described as probing in nature. I ought to say that subsection (4) provides clarity to subsection (2) by saying that Natural England may describe the route by reference to a cliff edge or a field boundary, ""as that cliff edge or field boundary exists from time to time"." This means that as the cliff or field boundary changes over time, so does the route. That is why we think it is a useful definition. But the point she made is that the path can roll back ever further, with the risk that it ends up going through developed land. I refer the noble Baroness to the draft scheme from Natural England, particularly to section 4.9 which gives a lot of useful examples. There will be check-up points where the path runs up to developed land. It will then stop rolling back and be routed behind the developed land. We understand the point raised by the noble Baroness, but there is enough flexibility in the way the scheme is to be taken forward, although clearly we are talking about a draft version that we have had the benefit of seeing. I will make sure that my officials pass on the contents of this debate to ensure that in the final scheme, which will have to be laid before Parliament, we have made sure that the matter has been taken into account.