England Coastal Path

Thérèse Coffey Excerpts

Wednesday 1st May 2019 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

It is a pleasure to serve under your chairmanship, Mr Gapes. I congratulate my hon. Friend the Member for Sittingbourne and Sheppey (Gordon Henderson) on securing the debate and my hon. Friends the Members for Christchurch (Sir Christopher Chope) and for Henley (John Howell) on contributing to it. Although Lord Gardiner is the Minister responsible for policy when it comes to the England coast path, I am of course happy to respond to the debate, but I will ensure that a copy of Hansard is given to my noble Friend, so that he can respond to some of the specific queries that my hon. Friend the Member for Sittingbourne and Sheppey has raised.

In relation to delivering the coastal path around England, I believe that the intention of the law is clear. The practice that Natural England is supposed to follow is that the needs of landowners are balanced with the aspiration to create a continuous route around the coast of England that will allow walkers to enjoy our stunning coastline, supporting tourism and the visitor economy in rural areas.

[Gordon Henderson]

Will the Minister give way on that, because it is a very important statement? She is effectively saying that Natural England should be using common sense and balancing the needs of the landowner with the need for a path. Is that right?

--- Later in debate ---

[Dr Coffey]

The duty is on Natural England to create this path around the coast of England. It builds somewhat on rights that were given with the right to roam under the Countryside and Rights of Way Act 2000. Very specifically, Parliament, in the Marine and Coastal Access Act 2009, placed a duty on Natural England to identify this route and a margin of land adjacent to the route for people to use for rest and recreation. Yes, this is about getting the balancing element right with the specific design of the path, but there is, as far as I am aware, no exemption for Natural England to ignore parts of the coast of our country in that regard.

England has about 2,700 miles of coastline, and 70% of that already has a legally secure right of access, as my hon. Friend pointed out. However, there is no doubt that in places the continuity of the access is patchy, meaning that walkers may find that they are unable to make further progress, sometimes even after just 1 or 2 miles, which has a detrimental effect on encouraging walking at the coast.

On completion, this coastal path will join the 2,500-mile network of national trails, which are long-distance walking routes that are maintained by trail partnerships to a higher standard than ordinary rights of way, to reflect their status and the popularity of walking in our nation’s finest countryside. On some of the routes, access for horse riders and cyclists is also provided.

There are benefits to bringing the England Coast Path to fruition. My hon. Friend was right to point out that that is behind schedule; I will address that point further in my speech. In essence, access to the natural environment is known to improve our mental and physical health. Access to the coast brings a more diverse range of people together to enjoy that natural heritage than many other accessible parts of our countryside. Studies have demonstrated that improving coastal access also brings with it economic benefits for coastal communities.

[Gordon Henderson]

Will the Minister accept that the landowners have the right to be protected from the mental stress that has been caused to them in seeing their hard-earned income being stolen from them by what they see as state intervention?

[Dr Coffey]

Because this is the first time that I have heard the specifics of the issues relating to land in my hon. Friend’s constituency, I do not feel qualified to provide an individual comment on a particular issue.

[Gordon Henderson]

But the principle?

[Dr Coffey]

But the principle is clear, and Parliament legislated for this coastal path to come into force and Natural England is under a duty to bring that forward. As I have said, the guidance is clear: engaging with stakeholders and landowners is a cornerstone of that approach. Nevertheless, Natural England has a duty under the law to take forward the coastal path.

Consultation and dialogue are supposed to form the cornerstone of the approach. I am conscious that landowners in my hon. Friend’s constituency feel ignored. The process that Natural England must follow when identifying proposed alignments for the path is described in detail in the coastal access scheme, which is the approved statutory methodology for delivering the path.

Understanding the strategic issues present on an individual stretch and working towards solutions to any concerns should be achieved through extensive dialogue with the landowners and occupiers, as well as the local authorities and other local interests. Natural England will also maintain frequent contact with the national stakeholder organisations as it develops its thinking on suitable alignments for each stretch of the path.

I am keenly aware that we have to continue to do as much as we can to ensure that there is meaningful engagement with landowners on the more complex stretches of the path, which are currently in development. Therefore, I expect Natural England to work carefully to identify all the legal interests on any stretch, and ensure that its emerging proposals are communicated to those interested parties early and in an easily understandable way. I also expect Natural England to ensure that adequate time is given to negotiating alignments on those stretches that include particularly complex features.

The 2009 Act requires a fair balance between the public interest in having new access rights over land and the interests of those whose land might be affected by that proposed new access. In preparing its proposals, Natural England should consider all relevant factors along a section of a stretch, and gauge the need for intervention in relation to any particular concerns raised by landowners and occupiers. Where intervention is considered necessary, the principle of the least restrictive option will be applied to the scope of the intervention.

Once Natural England has published its proposals for a stretch in a coastal access report, there will be an eight-week period for owners, occupiers and others to object and make representations about Natural England’s proposals. Any such objections will be independently considered by an inspector from the Planning Inspectorate, who will then make a report, which is presented to the Secretary of State, with recommendations on whether Natural England’s proposals have struck a fair balance.

The final decision on the approval of Natural England’s proposals will be taken by the Secretary of State, who must have regard to the recommendations in the inspector’s report. With that in mind, my hon. Friend will understand why I cannot comment specifically on the local issues that he has raised, given that it is subject to that quasi-judicial process.

In my constituency, I share the challenge of coastal erosion faced by my hon. Friend. We have met before to discuss the particular challenges that he faces. Provisions in the 2009 Act mean that the route can change in response to those challenges—a process known as roll back. When applying roll back to a stretch, Natural England will consult with landowners to ensure a fair balance.

My hon. Friend mentioned a particular part of the northern coast of the Isle of Sheppey. In my consistency there is a similar area with estuaries. I am conscious of the impact of walkers not following the path and getting too close to the cliff, which entails risks, as he highlighted regarding his own constituency, as well as the impact that walkers can have on flood defences and walls, which may become the paths. Therefore, I have taken up this matter as a constituency MP as well as an Environment Minister, to ensure that Natural England considers these matters carefully when looking at both estuaries and areas subject to coastal erosion.

If my hon. Friend believes that Natural England is not considering those issues proactively in the designation of the path, I would be interested to see the details regarding that, to which I would expect Lord Gardiner to respond.

[Gordon Henderson]

As a constituency MP, I have raised the issue with the Minister. I have to say, her response was very disappointing. At that time I was raising the issue of cliff erosion. This path will go on the edge of the cliff. As I pointed out in my speech, the erosion could be resolved by shoring up the cliffs, but Natural England’s position, supported by the Minister, was that it wants to see the cliffs erode into the sea.

Each year the path will have to be moved further back due to erosion, and eventually it will run through the gardens of some of my constituents. That is lunacy. Is it not better to use the alternative path? The options have been provided to Natural England, but it is ignoring them.

[Dr Coffey]

I do not know the detail of the alternative path. I do not know how close it is the coast. Again, I will not comment on specific schemes, because ultimately I am not the decision maker when it comes to that. I will share my hon. Friend’s comments with Lord Gardiner.

One reason for the delay in this process is that a European Court of Justice judgment was handed down in April 2018, known colloquially as “People over wind”. It affects the way Natural England manages the impact of its proposals on sites with nature conservation designations, as my hon. Friend mentioned. That has affected the pace of the path’s delivery, and Natural England has had to consider it carefully. It intends to continue to work towards opening as much of the path as possible by 2020.

I am sure that Lord Gardiner would be interested to understand more about my hon. Friend’s proposals for treating people with holiday accommodation in the same way as the holiday park. I will ensure that that is brought to Lord Gardiner’s attention. I would be surprised if Natural England was not taking the erosion into account, because it has done so in my constituency. If there is a lack of consistency in different parts of the country, Natural England should consider that urgently, especially regarding the proposals in my hon. Friend’s constituency.

[Sir Christopher Chope]

Does the Minister accept that there is a lack of consistency in the approach to estuaries? Will she explain why the Government have objected to my Coastal Path (Definition) Bill, which would have required this path to go along the coast, rather than into estuary areas? It would be a straightforward change of policy imposed upon Natural England, because it is not prepared to apply common sense itself.

[Dr Coffey]

I understand that my hon. Friend is keen to avoid the coastal path deviating from the line of the coast, whether through an estuary or not. It is appropriate to consider that again. Like most MPs, I think of an example from my constituency, where there is a huge detour along the path through an estuary, but in essence it is still a path; otherwise, one would need a boat to cross the estuary in order to continue the walking experience.

It is appropriate for Natural England to consider estuaries but, as with similar issues, they need to be considered on a local basis. It may be appropriate to consider other ways of getting the walker from one side of the coast to the other, depending on the nature of the estuary involved. However, it will vary by area. That is why I do not believe we can take a general, principled approach. Sometimes a detailed design is there to account for the local conditions, which will not be the same on the Isle of Sheppey or in Christchurch as they are in Suffolk Coastal or other parts of the country. Ruling out certain areas is not the right way to proceed on a national basis.

The Government are committed to ensuring that the England coast path happens, but I am conscious of the issues that my hon. Friend the Member for Sittingbourne and Sheppey has raised. I have tried to use my constituency experience to inform Natural England, as it progresses the issues of the coastal path, particularly when it comes to erosion and estuaries. I will continue to do that.

I will encourage Lord Gardiner to look carefully at these issues. I expect that it will still not be possible for any letter that my hon. Friend receives to give detailed responses on the courses of action, given that Ministers have to wait for the Planning Inspectorate report, so that the Secretary of State can make a decision on that particular stretch of the coastal path.

I appreciate that some of my comments will not satisfy my hon. Friends. However, my hon. Friend the Member for Sittingbourne and Sheppey was right to bring this matter to the House’s attention. It will receive further detailed consideration.

Question put and agreed to.