The Marine and Coastal Access Act received Royal Assent on 12th November 2009 and will introduce a new right of access around the entirety of the English Coastline

The Marine and Coastal Access Act

The Marine and Coastal Access Act covers a wide range of marine issues however of most interest to coastal landowners and occupiers will be the Coastal Access provisions. These will not only introduce a continuous, 4m wide long-distance walking route (“the English Coastal Route”) around the entire English coast (Wales will make its own arrangements), but will also introduce a right for the general public to access a margin of land either side of the route. The width of this margin will depend on the characteristics of the coastline at that point.

How will the access provisions be introduced?

Natural England will be tasked with introducing the rights. The Act requires Natural England to produce a document which sets out the key principles on which they will base their proposals for coastal access at the local level. Implementation cannot take place until this document, called Natural England's Scheme, has been approved by the Secretary of State and has also been laid before Parliament.

What does the Scheme outline?

The Scheme outlines the key principles upon which the proposed alignment of the route and access margins should be based and includes the following:

Explains he key principles for alignment of the route and access margin.

Explains how the key principles will be applied to various coastal landforms and coastal uses as well as providing illustrated examples.

Explains the special considerations for estuaries.

The implications of coastal access – How it affects you!

Clearly, the most important implication of coastal access will be the introduction of a new right of access for the general public. Even where coastal paths exist at present, the introduction of a margin either side of the coastal route will result in wider implications.

The extent of the implications will depend on the coastal landform concerned and its current use. Careful consideration therefore needs to be given to how Natural England might align the route in relation to your particular coastal landform type, and then how the extent of the alignment might be mitigated.

Only a small number of land uses will be excepted from the right-of-access and even land use types such as cultivated land, golf courses, and caravan and camping sites will be affected.

As with the right to roam, the new legislation will introduce a reduced level of occupiers’ liability for those taking advantage of the right of access, but will only mean that occupiers will be absolved of the liability arising from the presence of natural or man-made features on the trail. Occupiers will still need to be aware of the potential issue of grazing animals, where the liability for these will remain.

There is no provision within the Act for landowners or occupiers to be compensated for losses arising from the introduction of the right of access, although Natural England says it will work with landowners, occupiers and in particular businesses, to minimise the impact of the alignment process. Despite this landowners and occupiers clearly need to do what they can to mitigate the impact by considering early the effects of the proposals.

What next?

The implementation process contains a number of stages of consultation, as well as a final stage of appeal. Once the Scheme has been approved Natural England will start to contact interested parties and following this they will “walk the course” with affected landowners and occupiers. The intention of this is to ensure that the proposed route strikes a balance between the interests of the public and the landowner/occupier concerned. The first areas to be considered will be Weymouth Bay, Kent, Cumbria, Norfolk, Somerset and the East Riding of Yorkshire.

Despite the above it is our strong advice to landowners and occupiers that they review the possible implications of the legislation now in order to take what action they can to mitigate the impact and prepare for these initial visits. It will be important during these visits to demonstrate the best position for the route, and provide good justification for the extent of the margin and any restrictions the owner or occupier would wish to see. This will require a good understanding of Natural England’s Scheme and key principles applicable to that type of coastal landform.

Landowners and occupiers also need to consider that the access rights will not be accompanied by a plan showing the extent of the access, and in particular the width of the margin. Amazingly the public will be expected to understand the extent of the margin by reference to physical features. It is therefore very worthwhile landowners and occupiers considering what might be done to make these physical features as clear as possible.

Where we can help

Strutt & Parker are well-placed to assist you in mitigating the impact of the Act on your land and businesses. Our experience, especially with the introduction of the right to roam and the consultation and appeal processes involved there, make us particularly qualified to advise you on the implications of this new legislation. We would be pleased to carry out a detailed review now of how the proposals might affect you so that you are well-prepared ahead of any visit by Natural England, or so that we are able to represent you at such a meeting.

Please feel free to contact your nearest representative, whose details are below: