RICS Briefing on the Marine and Coastal Access Bill

15th December 2008

RICS supports an improved approach to managing our Marine Environment through the Marine and Coastal Access Bill. RICS wants to ensure that the proposed Marine Management Organisation (MMO) is adequately resourced and has sufficient powers to deliver a successful system. RICS believes that marine planning should be delivered proportionately in a consistent and coherent manner across the constituent nations of the United Kingdom.

RICS believes a data steering group needs to be established as a priority when the Bill is passed. On coastal access provisions of the Bill RICS believes:-

- the creation of a coastal stewardship scheme is essential to make the coastal access regime successful. This would ensure buy in from land managers and owners.
- that discussion alone will not solve all disputes with regard to determining a coastal path around England.

RICS strongly supports an independent appeals process and access to compensation for the small number of situations where there is a significant and “quantifiable” loss incurred where coastal access has been granted. The key areas of interest from RICS across the new MMO, Marine Planning and Coastal Access are outlined in more detail further in this brief.

Marine Management Organisation

The new Marine Management Organisation (MMO) would be a centre of marine expertise, provide a consistent and unified approach, deliver improved coordination of information and data and reduce administrative burdens. It is anticipated that the MMO will provide benefits from joined up delivery and economies of scale that could not be realised by placing those functions in separate organisations.

High quality marine data and a sound evidence base are needed for making informed policy and management decisions. It is hoped that the creation of an MMO will provide a renewed focus and centre of expertise for the collection, storage and accessibility of up-to-date data and information relating to the marine area.

RICS key points include:

o Sufficient geospatial information should be in place to ensure that the functions of the MMO are not compromised.
o In order to extract maximum economic value from the marine environment, it will be important for the captured data to be delivered to those planners, decision-makers, scientists and others working in the commercial sector.
o There should be sufficiently knowledgeable and well-trained personnel in place to make the MMO works effectively and ensure that it is capable of delivering successful spatial planning.
o The Government should encourage those agencies and associations with an interest in the bill to work together to create an authoritative marine map of the sea.
o Post-launch, a Data Steering Group should be established which can define and deliver that new priority data and information which has been gathered through mechanisms such as the Marine Environmental Data Information Network.
o Specific functions should be put in place to enable the MMO to coordinate and filter already existing information and design programmes.

Marine Planning

The Bill will create a strategic marine planning system. The objective of this will be to clarify marine objectives and priorities for the future and to direct decision-makers and users towards more efficient, sustainable use and protection of marine resources. The first stage of the marine planning system will be the creation of a UK-wide marine policy statement to create a more integrated approach to marine management. This will set both the short and long term objectives for sustainable use of the marine environment.

The second stage of the process will be the creation of a series of marine plans to implement the policy statement in specific areas using information about spatial uses and needs in those areas.

Coastal and estuary management Integrated Coastal Zone Management (ICZM)

The move towards a strategic approach to coastal and marine management is positive. Decisionmakers must acknowledge that Coastal Zone Management is a complex process. Any approach to ICZM must encompass the social, economic and environmental pillars of sustainable development.

It is the view of RICS that the implementation of ICZM be linked to the strategic planning process to ensure that there are adequate financial resources to fund activity at the local level.

RICS key points to date:

o Marine planning should be delivered in a consistent and coherent manner across the constituent nations of the United Kingdom.
o The EU INSPIRE initiative should be used to ensure that sufficient provisions are put in place to enable the MMO to benefit from that land and sea mapping data which transcends the coastline.
o It should be made clear that an “authoritative” map is the minimum requirement for a marine plan.

Coastal Access

The key points RICS seeks to make are as follows:-

Coastal Stewardship
The RICS sees this as an excellent opportunity to facilitate more environmentally friendly farming and land management practices in the coastal areas. This could be achieved by the establishment of a new specific ‘Coastal Stewardship Scheme’. It should be directly funded by Defra and the funding ring fenced for the new scheme.

It should include the opportunity for both revenue and capital items, as in the Countryside Stewardship/ Higher Level Schemes. The introduction of a Coastal Stewardship Scheme, with priority given to the agricultural holdings affected by universal access, would encourage landowners and occupiers embrace the concept of coastal access.

RICS considers it important that any such scheme and the coastal access regime be reviewed to take account of the impacts on wildlife, landscape and business.

Appeals
The Bill should include an appeal mechanism in regard to the imposition of coastal access, the route, the spreading room, and the extent of landward access. RICS broadly supports the EFRA committee in it’s recommendations on this matter.

Compensation
The RICS recommends that where a person with an interest in the land affected by the imposition of a coastal order is able to prove a quantifiable loss, compensation which is equal to the amount of this loss should be paid.

This should take place in accordance with sections 70 and 71 of the National Parks and Access to the Countryside Act 1949.

RICS believes the Government should take the advice of the EFRA committee in enabling compensation for a limited range of situations that result in a quantifiable loss for example coastalpaths through high yield agricultural areas.

RICS considers that the principle of fair and equitable treatment to landowners and occupiers should underpin the government’s access proposals, in accordance with the Human Rights Act and European Convention on Human Rights. Of course, further research should be undertaken before the government decides to include or discount compensation - the RICS would be able to assist in this regard.

Likewise RICS believes it essential that the Valuation Office Agency should be consulted in respect of the impact on business disturbance, farming and capital values of land and property on existing and past cases of coastal access.

Coastal Path and Mapping
The RICS believes that all persons with an interest in the land should be notified of any proposal to introduce coastal access across a piece of land. Natural England remain of the opinion that they have gone far enough by agreeing to consult with all lawful owners and occupiers.

Although the government has said that it wants to avoid parks and gardens, Sue is of the opinion that we should still press for respect of privacy and point out possible reductions in capital values.

RICS wants confirmation during second reading that advised that mapping will now be undertaken of the actual route.

The RICS would prefer mapping to take place of the spreading room as failure to do so could cause difficulties for land managers especially if the spreading room extends to the landward side of the path. This will be particularly important for any future property transactions.

Animals Act
Reform of the Animals Act through a legislative reform order is necessary to reduce the level of occupier’s liability. RICS would also ask that repeal of the strict liability provisions under the Animals Act be undertaken.

It is hoped that this could proceed at the same time as the Marine and Coastal Access Bill. If no amendment to this is made, it is likely that grazing within the coastal strip will be withdrawn which will have major implications for the quality of the environment and the management of habitats requiring grazing to sustain them.

In these circumstances, insurers are unlikely to provide insurance for keepers of livestock and even if they do so, will charge hefty premiums for this.

Funding for Coastal Access
The Defra grant to Natural England for coastal access has not been changed. RICS is of the opinion that the current level is inadequate and if it remains at the current level it is likely to add cost to both local government and land managers.

RICS would like to support proposals to ring fence funding for local authorities.

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