Access to the English Coast
Frequently Asked Questions
1. What will happen next?
A number of changes will be made to the draft Bill as a result of the pre-legislative scrutiny and public consultation. We then expect the amended Bill to be introduced into Parliament in the next session in the Autumn.
When the Bill is introduced we will publish a revised paper detailing what we expect to be included in an Order under section 3A of the CROW Act. Following Royal Assent we will consult on the contents of the Order which will then be subject to affirmative resolution in both Houses of Parliament.
Natural England will also publish a full draft of their Scheme when the Bill is introduced. Natural England will hold a public consultation on the draft following Royal Assent before finalising it and submitting it to the Secretary of State for approval.
2. What changes will be made to the draft Bill as a result of pre-legislative scrutiny?
Both the Efra and Joint Committees made a number of recommendations on the coastal access provisions in the draft Bill. Amendments will be made to the provisions for access to estuaries (see Q10) and to include a duty for Natural England to undertake a review of early implementation. Some of the Committee recommendations will be taken forward by changes and additions to Natural England’s outline Scheme.
3. People already have access to much of the coast – why are you introducing new legislation?
The coast is very popular with people for beach activities and wider forms of recreation. There is evidence that walking is the single most popular activity along the coast. Research shows that 30% of the coast has no access. In addition, of the 70% of the coast to which there is access, this is often fragmented, with gaps in access so it is not possible to make a continuous journey. In other places the access may be very constrained, for instance there may be a footpath right against the cliff edge which does not provide a good quality coastal experience. Coastal erosion is also an issue which undermines existing access, and people do not always have secure access to the beach. Even where there is access there is a huge variation in the standards of management.
4. What benefits will improving coastal access bring?
Improving access will give people the confidence and certainty that wherever they arrive at the coast there will be clear, well managed access in either direction, and they would be able to enjoy a rich and varied natural environment. Under the proposals published in the draft Marine Bill there would be a continuous signed and managed route around the coast plus areas of spreading room, for example beaches, dunes and cliffs, where it is appropriate to do so.
5. Is the new right of access just for walkers?
We asked Natural England to look primarily at access for people on foot. The coast is a complex environment and a blanket right of access for horseriders and cyclists would not be appropriate. Under Natural England’s recommendation, opportunities can be taken at a local level to provide access for other users, such as horse riders and cyclists, through agreements with landowners.
6. Why does the draft Marine Bill propose amendments to the Countryside and Rights of Way Act 2000 to improve access to the coast when Natural England recommended that extending the definition of open country under the Act to include coastal land would not achieve the Government's objectives?
Natural England concluded in its report to Government in February 2007 that Section 3 of the Countryside and Rights of Way Act 2000 (CROW Act) would not offer sufficient flexibility to address the unique challenges found on the English coast or fully satisfy the Government’s objectives for improved access.
We agreed with Natural England’s assessment as set out in the report. However, the draft Marine Bill proposes amendments to the CROW Act in order to provide the required flexibility. We think that the CROW Act as amended in the draft Marine Bill, used in conjunction with the long distance route powers in sections 51 – 55 of the National Parks and Access to the Countryside Act 1949, will provide a flexible approach that will deliver the Government’s objectives, while ensuring that land management interests are recognised and wildlife and landscape features taken into account.
7. How wide will the coastal access corridor be?
The alignment of the coastal access corridor will be tailored to meet local circumstances and decided in consultation with local interests. There is no specified width for the corridor - in some places it would be only about 4 metres wide, plus the foreshore (the land between mean low and mean high water) but in others it would take in beaches, headlands, dunes, cliffs, etc. The width will be decided taking local circumstances into account.
8. Will the coastal access corridor go through people’s gardens?
No. Parks and gardens are excepted from the right of access to open country and registered common land under the CROW Act and we have carried that forward into our proposals for coastal access. Because the margin of access land on the coast will often be narrow, this will mean that people will sometimes have to walk inland around a garden.
9. Will all private beaches be included in the access corridor?
Natural England’s recommendation included the proposal that the vast majority of beaches would be included within the coastal access corridor. Responses to the consultation supported this view and we are therefore proposing that beaches be included within the new right of access. There may be some exceptions, for example, for nature conservation reasons. Decisions on which beaches will be included will be made as part of the detailed alignment of the corridor.
10. How are you going to deal with access to estuaries?
Estuaries range in size from eg the Severn, the Humber and the Thames down to small tidal rivers of only a few metres width which indent the English coast. People in counties with a lot of estuarine environment, such as Suffolk, regard them as an integral part of the coastal experience. We recognise that estuaries throw up particular challenges which include the importance of wildlife habitats and nature conservation.
The proposal published in the draft Bill is that the cut-off point is ‘the seaward limit of a river’s estuarial waters’ (which generally means the mouth of the river). However, the draft Bill also allows Natural England the discretion to propose to extend the coastal route and margin to the first bridge or tunnel, or ferry if appropriate. Having further considered the situation of estuaries and the comments made in pre-legislative scrutiny and public consultation on the draft Bill, we believe that, in order to be able to deal appropriately with individual estuaries, but to ensure the decision is based on clear and transparent criteria, Natural England should be able to stop the route at any point between the mouth of the estuary and the first bridge or tunnel, but that we should set out on the face of the draft Bill the considerations which Natural England must have regard to in proposing this. We will amend the draft Bill accordingly. Natural England will take full account of all the circumstances in each case before deciding the appropriate access for any estuary.
11. What work did the Government undertake on the benefits and costs of the four options for improving access?
We appointed a consortium of consultants led by Asken Ltd to undertake research into options for improving access to coastal land. The focus of the research was to identify the benefits and costs of each of the four options for improving access and on whom they would fall. Asken Ltd's report Appraisal of Options to Improve Access to the English Coast was published in June 2007 at the same time as Defra issued its consultation paper. The report is available on the Defra website.
12. The Impact Assessment says that you expect local economies to benefit, but won’t increased access place additional burdens on business, for example through loss of privacy, or where access affects farmland?
The draft Marine Bill has been drawn up so that implementation of the new right will take account of the interests of landowners and minimise the impact on businesses. The draft Bill requires that any access proposals strike a fair balance between the interests of the public in accessing the coast and the interests of landowners and rural businesses. In implementing the route and coastal margin, Natural England will consult with local interests and landowners in deciding the most appropriate alignment of the coastal trail and any necessary conditions on access, for example for land management or nature conservation purposes. In addition, Natural England may consider management agreements where access impacts on arable land, which may bring environmental as well as access benefits. We expect the overall impact on business to be positive.
13. How will the new right be funded?
Natural England has estimated a cost of £50m over 10 years for implementing its recommended approach for new legislation. This figure includes the costs of Natural England and local authority staff, the costs for establishing the coastal access corridor, and costs for maintenance of the new access during the implementation period. Natural England will provide the funding to ensure the new right of access is successful on the ground, either through grant funding to local authorities or Natural England may undertake the work.
14. Who will be responsible for the long term maintenance of the route?
Natural England will fund implementation and maintenance of the new parts of the trail during the ten-year implementation phase. The intention is that after the ten-year implementation phase, Natural England should contribute to the maintenance of the trail to an extent consistent with the findings of its current National Trails Review, which are expected later this year.
Natural England will also aim to develop national-local funding partnerships, as has been the case for other major initiatives to improve access to the countryside. Where the trail follows existing public rights of way, highway authorities will remain legally responsible for their maintenance.
15. The final cost of implementing the right of access to open country was £69 million against the original estimate of £28 million. Given this do you agree with the Country Land and Business Association that Natural England’s estimate of £50 million over 10 years for their recommended option is unrealistic?
The Government responded to the Public Accounts Committee's report on the implementation of open access in June 2007, which followed a study by the National Audit Office. We have made it clear that one of the reasons for the higher costs of implementing the right was because of the difficulties of mapping access land that were hard to assess until the work commenced. Under our proposals for improving access to the coast, the access corridor would be identified by description and signs on the ground rather than maps, so this issue of similar mapping costs will not arise. In addition, the access will be rolled out over a number of years and the amount of activity at any one time can be geared to the resources available. Natural England has carried out detailed work in estimating the cost of implementing its recommended approach for new legislation. Building on the data gathered to date, Natural England are working with coastal access authorities in England on a detailed audit to refine their operational assumptions for the project. Further information will be made available on the costs following completion of Natural England’s work with access authorities and subsequently as implementation proceeds.
16. Will compensation be paid to landowners affected by the new right?
No. Natural England's report to Government recommended that there should be a working presumption against paying compensation for the new right of access in view of the fact that legislation would be simply creating access rights over land rather than depriving landowners of property.
The flexible way in which the legislation will work, alongside the duty on the Secretary of State and Natural England to strike a fair balance between those with an interest in the land and those of the public, plus the provisions for excepted land such as parks and gardens and the curtilage of buildings, will allow Natural England to avoid creating situations where compensation would be required. Natural England will also consult with land owners in deciding any conditions or restrictions on access, for example for land management purposes. Natural England will also be able to revisit decisions about alignment and the need for restrictions in the light of experience of actual impacts..
17. What is the position on occupiers’ liability?
The draft Bill proposes that the provision already in the Countryside and Rights of Way Act 2000 to limit liability relating to natural features should be carried into the coastal provisions. We recognise the significance of non-natural features on the coast and we are therefore proposing to limit liability relating to non-natural features of the landscape as well.
18. Will owners be held responsible if people have an accident on their land?
Natural England has recommended that, as on CROW access land, the occupier should owe even less liability to members of the public than he would currently to a trespasser. In particular, there should be no liability for accidents resulting from natural features such as unguarded cliffs, or from non-natural features, subject to certain safeguards (that the occupier has not acted intentionally or recklessly). In the end it will be for users of the new coastal access rights to keep themselves, their children, and others in their care, safe within what can be a dangerous environment. We will be discussing with key stakeholders such as the RNLI and RoSPA what guidance we might wish to issue on safety issues around the coast.
19. How long will implementation of the proposals take?
Natural England estimate that implementation will take 10 years.
20. Will the new access rights apply to Scotland, Wales and Northern Ireland?
No. The coastal access provisions in the draft Marine Bill only relate to the English coast and not to other parts of the United Kingdom. In Scotland, the Land Reform (Scotland) Act 2003 provides a statutory right of access to most land and inland water. In Wales, the Welsh Assembly Government is considering appropriate statutory provisions for Wales which might be included in the final Bill. Access in Northern Ireland is covered by the Access to Countryside (NI) Order 1983.
Page last modified: 29 September 2008
Page Published: 14 April 2005