With much of the South’s most prestigious retail developments being located on former commercial Coastal sites, what is the likely long term impact on such sites of the Coastal Access Provisions introduced by the Marine & Coastal Access Act, which came into force on the 12th January 2010.
The Marine & Coastal Access Act introduced a number of long overdue changes to the regulation of various offshore and coastal activities ranging from wind farms and fisheries, to dredging and construction and maintenance of port and shore structures. In a classic example of government “mission creep”, it also quietly created an unique obligation on the Secretary of State, operating through the body Natural England, to create a walking trail around the coast of England, which, together with an adjoining wider area, will be subject to a statutory public right of way.
Whilst intended, wherever possible, to be located along existing public rights of way, where no such routes presently exist (or are considered insufficiently proximate to the coast) the legislation will oblige all affected land owners and occupiers to submit to the creation of such a path, and public access thereto, with limited rights of objection and appeal, and no entitlement to compensation.
Whilst it was resolved during initial consultation that categories of land already excluded from the provisions of the countryside and Rights of Way Act 2000 would be exempted, the initial concerns of many commercial land owners were that such new right of access, impacting upon many different types of businesses, as well as private householders, would restrict or choke potential development of the sites affected, imposing significant potential health and safety/occupier liability obligations upon them, and so threaten already depressed land values.
Twelve months on, one detects something of a cooling of government enthusiasm for the project. Aside from the Weymouth Bay stretch (intended to be completed in time for the Olympics in 2012) no other sections are under construction. Natural England, announcing the planned rollout of only 5 more short stretches in 2012, and now appear to be delegating the contentious route “consultation” and the high initial construction costs to hard pressed relevant Local Authorities, whom they claim will derive financial benefit from it.
Whilst “significant ongoing contribution” is promised, this is clearly subject to government funds still being made available at the conclusion of the public spending review. It will accordingly remain to be seen whether, with so many competing other needs , this ambitious project will capture the electorates imagination, and support, or will be quietly mothballed. By contrast, the elements of the Legislation regulating offshore development are being zealously adopted by conservation bodies, and we are shortly to witness the first clashes between such bodies and boat users over restrictions on anchoring along parts of the Dorset Coast.
In the interim, the message remains that sensible owners/occupiers of land adjoining the coast, and those who operate businesses concerned with the unrestricted use of coastal waters, cannot afford to ignore the potential significant obligations the act could yet impose upon their activities.
