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Marine and Coastal Access Bill [HL]

I am grateful to noble Lords who have contributed to this short debate. I was particularly grateful for the earlier remarks of the noble Earl, Lord Cathcart. I thought for one moment that he might be making the totality of the response I was going to make to the noble Lord, Lord Greaves. Subsequently in his speech he veered away from the way that I would have expressed matters, so I think there is a little space for me to occupy in responding to the noble Lord, Lord Greaves. The Government do not accept the amendment but we do recognise the concerns expressed by the noble Lord about the impact of development on the route where the route would be interrupted by such development. As I made clear when we debated the provisions for excepted land, the CROW right of access is sufficiently flexible to allow for changes in land use. We expect the process of consultation which Natural England undertakes prior to drawing up a coastal access report to identify likely new developments so that it can take those into account in drawing up the proposals. It is not conceivable that Natural England would be unaware of nationally significant developments. Should there be developments after the route has been put in place, Natural England will have the power under Section 55 of the National Parks and Access to the Countryside Act 1949 to draw up a report proposing a variation of the route. For these reasons, I believe that we have adequate powers as far as Natural England is concerned to respond to the issues of development and I do not think that it is appropriate for the coastal access provisions to be specifically included in the Planning Act, which was also the burden of the remarks of the noble Earl, Lord Cathcart. I accept that there is a case to provide for Natural England to be required to carry out a review of its report where a stretch of the route is subject to development which, in its view, has or will result in the land over which the particular stretch of route passes becoming excepted land. I entirely accept the burden of the amendment of the noble Lord, Lord Greaves. Natural England must be able to take account of these issues and have some locus with regard to them. However, the case has not been made for what would be substantial amendments to this legislation. We have considered how Natural England will cope with the problem, which is of some significance. It will consider planning applications where access is already an issue. There will obviously be only one consideration that the planning authority must weigh up. The planning authority has its clear obligations under the Bill and this aspect must be taken into the balance. That is somewhat different from the burden of the amendment tabled by the noble Lord, Lord Greaves. The planning authority will also take into account the interests of the local economy, the position of local landowners and the possibility that the route could be varied to avoid the development without any cost to the enjoyment of those who tend to use the route. I recognise the important point on development that the noble Lord, Lord Greaves, has raised. We have considered this matter carefully and the amendments do not provide the right approach to the issue. What is in the Bill will ensure that Natural England will be in a position to come to terms with development, as of course it should.