Marine and Coastal Access Bill - Natural England’s Consultation on The Coastal Access Scheme.

Natural England (NE) is required, by the Marine and Coastal Access Act 2009, to produce a scheme setting out how it intends to implement the coastal access provisions of the Act.  The scheme must be approved by the Secretary of State and must also be laid before parliament.

The consultation on the section 3A order has now closed.  The order will set out the definition of coastal land, the categories of excepted land, and the restrictions and exclusions that may apply to coastal access land. 

NE's coastal access scheme has been drawn up based on the draft section 3A order.  Should changes be made to the order (and we have suggested that changes should be made) then the scheme would need to be altered to accommodate that.

NE is required to implement coastal access in accordance with the scheme. It therefore has to cater for myriad situations.  It is important that the scheme is sufficiently flexible to deal with these different situations; however, it is also helpful to coastal landowners if the scheme offers some certainty as to what may or may not be included.  On balance, if a choice has to be made between flexibility and certainty, it is most likely that flexibility will suit members best, as it provides an opportunity to argue the case according to circumstances on the ground.  However, there may be specific situations where certainty is needed – examples of such situations would be welcomed. Comments and examples to be incorporated into our CLA response will be needed by 22 January 2010. 

The consultation runs until 5 February 2010. The consultation can be found at:

http://www.naturalengland.org.uk/ourwork/position/consultations/default.aspx

Sarah Slade MRICS – National Access Adviser

A chartered surveyor with responsibility for CLA policy on public rights of way and access issues. Provides advice to members on issues arising from public access to the countryside.

Phone: 01769 580080
FAX: 01769 580080
Email sarah.slade@cla.org.uk