coastal access for all

Earlier this year, the Government commissioned Natural England to conduct a detailed survey of the English coast with the aim of providing an unbroken footpath for walkers around the entire length of the English coastline. At present, approximately 30% of the coastline is inaccessible. The resulting report went out to public consultation between 19 June and 11 September this year and the outcome is now awaited.

In brief, Natural England's recommendations are to concentrate on sections of the coast where the access is currently missing, defective or insecure.

It suggests that this can be achieved by one of four options and is consulting on them:

1. the use of existing rights of way legislation (Highways Act 1980) to create a footpath all around the coast
2. the extension of open access using the Countryside and Rights of Way Act 2000 to give access to types of land which are considered 'coastal'
3. voluntary agreements with land owners using existing mechanisms such as those for agrienvironmental schemes
4. new legislation to allow Natural England to designate a coastal corridor to provide a continuous route of access around the coast

Many of the inaccessible areas of the coast are privately-owned by farmers. The results of this consultation will therefore have a direct impact on the coastal farming community.

In particular, issues of  compensation are of relevance. Whilst compensation may be payable under the first option for any loss arising from the creation of a public path, compensation payable under the other options is either limited or non-existent.

This is especially the case where ploughing and cropping extend close to the cliff edge. The report recommends option 4, the creation of new legislation. It says that there is no existing single mechanism under options 1-3 which could achieve the Government’s goal of a national coastal access corridor.

As part of the new legislation, Natural England suggests that the Government uses scope for cross-compliance arrangements under the current single payment scheme to require an uncultivated margin to be left at the cliff top, in a similar way to that already required alongside hedgerows and watercourses. Detailed proposals for the new legislation are included in the consultation paper which can be found on DEFRA's website.

For more information, please contact Michelle Rossiter in our Agricultural, Equine and Rural Affairs group on 023 8085 7114 or email her at

michelle.rossiter@bllaw.co.uk

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