1.  EXECUTIVE SUMMARY

  Devon County Council serves the largest local authority area in South West England with a population of over 740,000 people. As highway authority, the Council is responsible for managing access on 4,960 km (3,200 miles) of public rights of way. The County Council's commitment to this duty is shown by the fact that currently 95% of this network is designated `easy to use'—the second highest rate in the country.

  The County Council has a particular interest in coastal access as Devon possesses two extensive coastlines of outstanding environmental quality. Over 300 km of the South West Coast Path passes through Devon, and the economic value of the Coast Path for tourism has been clearly demonstrated over the past 10 years.

  As part of its Making Devon Greener agenda, the County Council is committed to extending, where appropriate, access on foot to include access by cyclists and horse riders. It has established multi-use on the Tarka Trail in North Devon and has recently opened a new stage of the Exe Estuary Cycle Trail, which is set to be an outstanding coastal route in South Devon.

  The County Council submitted a detailed response to Defra's 2007 consultation on Coastal Access, highlighting four key issues:

—  The need to fill strategic gaps in existing coastal routes such as the SW Coast Path (at the same time as opening up new coastal access).

—  The need to improve access along estuaries

—  The need for highway authorities through Defra/Natural England to be properly resourced to ensure the future long-term management of the coastal corridor.

—  The need for new legislation to take proper account of local priorities (eg by ensuring that Natural England has a statutory duty to work with, and take account of the views of, highway authorities).

  The County Council considers that these remain key issues in light of the welcome publication of the Draft Marine Bill and would request the Committee to give them particular consideration.

  On the issue of filling strategic gaps in the existing SW Coast Path, the County Council has a particular concern about the slow progress Natural England has been making in creating an off-road route for the very popular Strete Gate/Warren Point section in the South Hams. This has been an unresolved problem for many years and remains a matter of great concern as the present on-road Coast Path route is very dangerous, especially for pedestrians, and unpleasant for drivers. The County Council has done a great deal of work to seek agreement with landowners, but Natural England has still not been able to confirm when the agreed re-alignment will be put in place.

2.  THE GOVERNMENT'S VISION FOR COASTAL ACCESS, AND THE EXTENT TO WHICH THE DRAFT BILL PROVIDES FOR IT

—  Devon County Council welcomes the Government's vision for coastal access and would welcome further involvement at all stages of its implementation.

—  Implementation will require careful planning and prioritisation (in consultation with highway authorities) and appropriate funding for both initial implementation and ongoing management.

—  The vision should ensure that, in addition to opening up new routes in parts of the country where there is no or limited coastal access, priority should also be placed on filling significant gaps in the existing provision for coastal access. There are currently 9 significant gaps in the South West Coast Path in Devon. This includes the critical Strete Gate/Warren Point section (see above).

—  There is a need to ensure that Defra/Natural England will fund 100% of the works (for example, under clause 283) and that this will include a long-term commitment to cover ongoing management costs.

—  Highway authorities should be involved closely with implementation, drawing upon their other responsibilities and specialist local knowledge (for example, historic environment, ecology and tourism). They have a core statutory role to play when compared with some other stakeholders. Clause 277 of the Draft Bill could be amended to include both a statutory provision for Natural England to consult the access authority for the area when preparing reports for the Secretary of State and a duty to consider its comments and advice.

—  Further consideration should be given to the extent to which local decisions on the new provision of coastal access will be subject to formal public consultation, rather than consultation with stakeholders and landowners. Local communities (eg town and parish councils) often have a keen interest in, and knowledge of, access issues.

3.  WHETHER NEW LEGISLATION IS THE BEST OR MOST COST-EFFECTIVE MEANS OF PROVIDING INCREASED ACCESS TO THE COAST

—  The County Council supports the need for new legislation.

—  It is important that legal definitions are as clear and rigorous as possible to reduce the risk of challenge.

—  For example, more consideration should be given to what is meant in Clause 273(3) by the aim to "strike a fair balance" between the interests of the public and of landowners. A more precise test or definition of "fair balance" would assist efficient implementation.

—  Whilst the concept of spreading room is welcomed the process for identifying suitable land would benefit from statutory underpinning rather than simply being included in Natural England's Outline Scheme. This could be included at Clause 277/55B.

4.  THE CASE FOR EXCEPTIONS TO, AND DEVIATIONS FROM, A ROUTE GIVING CONTINUOUS ACCESS TO THE COAST ITSELF

—  See comments at points 6 and 7 below.

5.  WHETHER THE DRAFT BILL STRIKES THE RIGHT BALANCE BETWEEN THE RIGHTS OF ACCESS AND THE RIGHTS OF OWNERS AND OCCUPIERS, AND WHETHER THERE SHOULD BE COMPENSATION IN ANY CIRCUMSTANCES FOR THE CREATION OF COASTAL ACCESS RIGHTS

—  Under the current legislation the highway authority can pay compensation to a landowner as part of a public path creation agreement (under Section 28 of the Highways Act 1980). This has proven to be an effective if time-consuming tool in establishing additional linear access in Devon. A presumption that compensation will not be paid for the establishment of linear access for the English coastal route appears to conflict with the Highways Act provisions for compensation.

—  As made clear in its 2007 response, the County Council recognises the significance of coastal access as a tourism asset. Further research should be undertaken into the impact of coastal access on the tourism sector with a view to provision being included in the new legislation for compensation to be payable in certain defined instances where direct loss of income can be identified.

6.  THE PROPOSALS FOR COASTAL ACCESS IN ESTUARIES

—  It is recommended that Clause 276 be amended to include a suitability test for estuary crossings. The first crossing point may not be the safest, most amenable or economical to use. Estuaries in the south of Devon would be particularly affected by the proposals in this clause (for example, the Erme and the Avon estuaries) and would create a number of breaks in the English coastal route.

—  Further consideration should be given as to whether the concept of spreading room is appropriate in the estuarine environment.

7.  WHAT CLASSES OF LAND SHOULD BE EXCEPTED FROM ACCESS RIGHTS

—  The proposed amendments to excepted land are welcomed. These are included in Defra's draft Order under the Countryside and Rights of Way Act 2000. However, definitions need to be rigorous.

—  Natural England should be required to include statements on its approach to identifying excepted land in its reports to the Secretary of State (see paragraph 2.3.5 of its outline scheme).

—  Close consultation with the highway authority at all stages of the reporting process (between Natural England and the Secretary of State) is essential for the clear identification of excepted land in its area. The Draft Bill identifies English Heritage as a consultee. Devon County Council should also be consulted for specialist advice on historic environment issues as it maintains the Devon Historic Environment Record (which is due to be given statutory status under the Heritage Protection Bill).

—  The inclusion of highways as excepted land is sensible. Further consideration should, however, be given to situations where the proposed route corresponds with existing permissive access or claimed public rights of way (those not currently recorded on the Definitive Map and Statement).

—  The conservation sensitivity (in terms of the historic environment as well as nature conservation) of coastal land should be a relevant factor in deciding whether to make land excepted.

8.  THE PROPOSED ARRANGEMENTS FOR LIMITING LIABILITY

—  No comments.

9.  WHETHER THERE SHOULD BE ACCESS RIGHTS FOR OTHER USERS SUCH AS CYCLISTS OR HORSE RIDERS

—  Devon County Council supports the principle of providing for multi-use access on the English coastal route (including horse riding and cycling) where appropriate. Provision for this should be included in the Draft Marine Bill as a power rather than a duty.

Devon County Council

May 2008