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Marine and Coastal Access Bill [HL]

We do not agree with the amendment, which would put on the face of the Planning Act 2008 that Natural England must be a consultee. The Government are averse to lists and to including the names of organisations in primary legislation, as the name of organisations may change. Indeed, not so long ago Natural England was called English Nature. Who knows what it will be called in a few years’ time? Our main objection, however, is to subsection (4)(a) in the proposed new clause, which says that, ""the existence of coastal access land is a material planning consideration in the determination of the application"." We would not wish to limit any further the rights of those with relevant interests in affected land. We have heard from the Country Land and Business Association—the CLA—of its strong opposition to the amendment. In previous discussions, I understood Defra to say that the Bill as drafted meant that the coastal route or margin would have no impact on any planning decisions that the landowner might seek in future. I understood the principle to be the same as in the CROW Act, where the owner is free to change the use of the land and the right to roam will be amended accordingly. I would welcome assurances from the Minister on that point. If the landowner wishes to develop their property, whether it be planting a new wood, ploughing up a bit of grazing, building a new cottage or extending a business premises, they should be able to do so, subject to existing planning law. The coastal route and the coastal margin is about making suitable land accessible to the public. We do not want to sterilise our coast or create a pseudo-national park by saying that the existence of a coastal path is a material planning consideration in the determination of a planning application. My noble friend Lord Taylor of Holbeach sought in his amendment A357B earlier today to require a review to be requested because of proposed or actual changes in land use. The ability to change land use was strongly supported by my noble friend Lady Byford and by the noble Lord, Lord Cameron of Dillington. I am pleased that he spoke again to this amendment. If local authorities feel there is sufficient need for a new route or right of way, which of course is taken into account in planning decisions, there are procedures in place for that to happen. This Bill should not be used to hamper the ability to change land use. To limit what owners can do with their own land would be a significant restriction, far greater than the impact we have been talking about so far.