Valerie Elliott, Countryside Editor
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As many as 5,000 English home-owners with properties overlooking the sea could be forced to open their gardens for walkers to enjoy the views.
This threat to privacy is stirring a revolt among landowners, who face potential losses of 20 per cent in the value of their homes.
News that private gardens may form part of a proposed 2,500-mile coastal path around England was disclosed to MPs last week by Natural England, the Government’s landscape advisers.
Paul Johnson, the organisation’s coastal access adviser, made clear that the existing policy that exempts parks and gardens from new walking rights should be lifted. He fears that unless the coastal path goes through some private gardens or parkland then many parts of the coast will remain out of bounds to the public.
His remarks have shocked landowners and farmers, who had believed that private land was sacrosanct. The adage that an Englishman’s home is his castle was given legal force in the Countryside Rights of Way Act, which opened up the right to roam on mountain, moor, heathland and down. Natural England, however, is now suggesting that the safeguard be scrapped.
MPs are scrutinising the draft Marine Bill, which aims to open beaches, inlets and cliff tops so that walkers can enjoy spectacular views of the shore. The Government has allocated £50 million over the next ten years to create a coastal trail, but no cash has been earmarked to compensate landowners affected by the plan.
Mr Johnson told MPs on the Commons Select Committee on Environment, Food and Rural Affairs that there were areas around the coast where “the scale of the blockage created by exempting such areas would be unreasonable. There are already places where people have to divert inland for several miles on busy public roads. They may be denied views of the sea or any sense of following the coastline at all.”
He disclosed that Natural England had identified 4,300 private houses next to the sea and 700 estates and parks where access may be necessary.
In a formal submission to the select committee, Natural England said: “This could mean that the public benefits of the project could be substantially reduced and that some of the most longstanding and well-documented obstructions to access along the coast itself would remain unresolved.” Mr Johnson suggested to MPs that property owners would just have to “trust” them to be fair in the implementation of the coastal access route.
The Country, Land and Business Association is furious that this news emerged in an unreported evidence session with MPs. Sir Henry Aubrey-Fletcher, its president, said: “It is impossible to trust Natural England on this after it has repeatedly said the new right would not affect private gardens.”
Sir Henry is to reiterate his concerns when he is questioned today by the select committee. It believes that if the Government wishes to push through a footpath on private land then it should follow the traditional process under the Highways Act 1980 and compensate the owner for any proven loss to his property.
Another option is to pay farmers to open up their land as a condition of receiving any cash under the Common Agriculture Policy to improve the landscape for the public good. ‘Privacy is a fundamental right’
Case study
One man ready for the fight to keep his garden private is Alastair Dixon, 40, whose home and 25-acre parkland sit along the River Deben estuary near Woodbridge, Suffolk. His home, Little Haddon Hall, is a mile and a half from a main road. He and his wife, Alexandra, adore the remoteness. Mr Dixon would not disclose the value of his property but it is thought to be about £3 million. He believes that a river footpath on his land could cut its value by 20 per cent and that such losses would be suffered by anyone, whether their home was a bungalow, cottage or mansion. “I’m going to fight this all the way,” he said.
“This is about privacy - a fundamental right. I am not a farmer and don’t claim any handouts to look after the land and I don’t want to.
“There are six pairs of nightingales nesting along the shore. Marsh harriers are further along the river. These birds aren’t going to hang about if they are disturbed by people and dogs.
“And what about the vegetable growers? This area is a big supplier to supermarkets. If a buyer sees a dog in a field of cauliflowers that would be enough to cancel an order.”
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This is nothing to do with rich or poor, private land is private land... there are plenty of other coastal footpaths to use so why can't we continue using those ones for our sea views?
Tory, Edinburgh,
I am guessing all thouse saying open it all up dont live in the real world, I say open up your own home take off the the doors and let any one wonder in and out of your house, lets see how you like it.
Mr W jones, Liverpool, England
A right of way is not a right to do criminal damage. In areas of designated natural heritage, the right to preserve remains including the right to control access of animals in particular dogs. A Englishman's home is his castle, but we are free. Free to roam about this beautiful realm of ER II.
Matthew, High Wycombe, England
Typical Labour policy, just like the CROW act
"What's yours is mine and what's mine is my own"
just because something is beautiful,it doesn't mean we can share it, and I'm not referring to the old badger in the picture,The countryside is not a playground
My Labour party card went back last month
Morgan, Buckfastleigh, England
Is great that the majority, rather than just the rich minority, will be able to share the coastline and enjoy it to its full.
Will be interesting to see how the issue is dealt where big industrial complexes and military bases still exist along our coast
Rob, B'ham, UK
So right, if a man declines to care about my innate freedom for unhindered access to the sea and all the coastline of these isles, my home, I am expected to applaud his right to selfish privileged?
Michael Bird, Westcliff-on-Sea, Essex
What about the large industries that have set themselves up alongside our coastline? I don't think the likes of Shell and Liverpool Airport are going to be happy with troops of walkers merrily strolling through there complexes!
Peter , Appleton, Chesire,
This just makes me sick. If the Government want to grant rights to the general public to access public land they should pay the full loss to the landowner. Just imagine what allowing access to the the general mob brings with it in terms of criminal damage and other intrusions.
Ron, Sussex,
OK as long as they open up Downing Street and let us all stroll about the grounds at Chequers. But who's going to pick up all the litter?
Frank Upton, Solihull,
Great idea and let's open up all the foreshore between high and low water to the public.
Why don't we have an annual property tax on all residential properties sitting on plots greater than 1 acre to pay for it ?
Peter Hooper, Windsor, UK
Another example of the insanity of Labour. As a keen walker I have thousands of miles of footpaths to choose from, and many hundreds of miles of coast are already accessible. No one needs to walk around the whole coast, and if youdo want to see it, get in a canoe!. Private propery is sacrosanct
mango, Worcester,
Easy solution.
If you use even 1 penny of public money to maintain and/or improve ANY of your land then it should have public access.
If no public money is used then it is private, with no public access.
David Kinsley, Derby, UK
Stereotypical toffs in big houses are used to gain support from the woolly thinking mob & get it nodded through. Later, Fred & Doris will have yobs demanding access to their patio with the full support of the law. It will happen. The "Terror Laws" have mostly been used to intimidate honest people.
Ray, Birmingham,
FIne open it allup including all those gardens in the city I'd like to be able to go into gardens in the city pull down all the walls so that I have free access. That sounds fair even if I didn't have to pay for it. Oh and by the way the way that also means no dogs can be kept in said gardens.
Aoife, Ireland,
What if you lived 1/2 mile from the coast and then 20 years later, through erosion, you found yourself on the coast.
Would your garden then be a public footpath?
Phill, The Wirral, England
That a government body can even think about randomly cutting a path through someone´s private garden is only further evidence of how completely disconnected they are from reality.
Or how completely disconnected I am!
Ken Hensley, agost, Spain
While Cameron makes admirable attempts to bring the Conservatives kicking and screaming towards the centre where a reasonable person might vote for them, idiot old-school toffs like this set the cause back another 5 years -"get orff my land!": you couldn't make it up if you tried
Joseph H, Madrid,
So how would the ramblers feel if we all walked through their house. Private is private. It doesn't belong to you. Live with it. Go look at the views elsewhere.
B Brodie, Newcastle,
So it might reduce the value of a 3 million pound home? Rather like the thousands of folks who find the local council has allowed new homes facing right into their own. No support there though over removal of privacy and loss of value - just tough luck.
B Redfern, Zdole, Slovenia
At least New Labour gets something right. You'll forgive me for not feeling too sympathetic to Alistair Dixon, who's biggest concern seems to be that his property investment might take a knock (although where he got 20% from is anyones guess). His canine vegetable phobia is equally baffling
Daniel Munro, London, UK
A cold and callous disregard for the fate of the cauliflower. What is it with Government - anything green and they want to do away with it!
Des, Edinburgh,
Open it all up we have waited long enough
Guy, Conwy,