The Marine and Coastal Access (MCA) Act 2009 includes at Part 9 provisions to improve access to the English Coast. It does this through introducing new sections into two existing pieces of legislation:
• The National Parks and Access to the Countryside Act 1949 (the 1949 Act):
• The Countryside and Rights of Way Act 2000 (CROW Act)
It also enables changes to be made to the existing provisions in the CROW Act as they will apply to access land which is coastal margin. Amendments are made by an Order which is subject to the affirmative resolution procedure in both Houses of Parliament. This means that it must be debated and approved by both the House of Commons and the House of Lords.
At the end of 2009, Defra issued a public consultation on their proposals to amend the Countryside and Rights of Way Act 2000 for coastal land via a Section 3A Order. The NFU responded to the consultation, which closed on 1 December. You can download the full NFU consultation response on the right. Defra have now published their summary of response, which can be viewed in full on the Defra website. The resulting draft Statutory Instrument was laid before Parliament on 20 January and will be debated when Parliamentary time allows.
The proposals in the Section 3A Order consultation included:
1. a description of coastal land that will be included within the CROW Act’s description of land to which the public has a right of access for the purposes of open-air recreation,
2. changes to the categories of excepted land
3. changes to the provisions for restrictions and exclusions in Schedule 1 of the CROW Act
4. changes to the general restrictions in Schedule 2 of the CROW Act, including the control of dogs.
Summary of the key amendments to the CROW Act 2000 with respect to the coastal margin.
• Defra believe that categories of excepted land e.g. for buildings and their curtilage, and for parks and gardens “will ensure that privacy is protected”. Thus, land within 20m of a dwelling will not be excepted from the right of access on the coastal margin, as is provided for on mountain, moor, heath and down.
• Defra were not persuaded that their proposal for the coastal route to be 4m wide should be amended to make it narrower.
• The right for landowners and others to exclude or restrict access at their discretion, as currently provided for within the CROW Act for mountain, moor, heath and down, has been removed for the purpose of the coastal margin.
• Flood defences and sea defences will be removed from the category of excepted land and therefore included within the right of access.
• The current restriction under the CROW Act that requires dogs to be kept on a short lead between 1 March and 31 July, has been removed for the purpose of the coastal margin. Instead dogs should be kept under “effective control” at all times on the coastal margin, but the requirement to keep dogs on a short lead in the vicinity of livestock will remain.
• There will be a right of access, including the right to carry fishing equipment and to exercise an existing right to fish from land which is coastal margin. However, land used for the purpose of agriculture, including grazing land will still be restricted from these activities.
• Defra considered that the blanket right of access for other users such as horse-riders and cyclists would not be appropriate for the coastal margin. Therefore, the current restrictions at Schedule 2 of the CROW Act on driving or riding a vehicle other than an invalid carriage, or on activities undertaken for a commercial purpose will not be amended.
Members can read a more detailed analysis and NFU comment by downloading the NFU Briefing on the right.
- Lilian - 19/03/2011
Can anyone tell me about caravans & tents and 20m excepted land under Crow Act?