HL Deb 01 March 1989 vol 504 c1132WA
Lord Melehett

asked Her Majesty's Government:

Whether they will confirm that the "permanent loss of amenity" occasioned by a new owner of land which was previously owned by a water authority removing a de filch) right of access could in future be prevented by "the operation of normal development and planning laws'' (as stated by the Lord Young of Graffham. Official Report, col. 168, 14th February 1989), and when they will introduce legislation to give effect to this new commitment.

Lord Hesketh

Public access to water authority land, established and developed over many years, is made available on a number of different bases. There are permanent statutory rights of way: There are rights of access established under local legislation such as the Birmingham and Manchester Corporation Acts. There are access agreements with national parks or other bodies. There are paths and bridleways established only by custom and practice. Finally, there is concessionary access made available at the discretion of the water authority itself.

After privatisation, dedicated rights of way will he unaffected. Arrangements established under private legislation, as for instance in parts of the Lake District and Peak District, will also continue. In any case where access may form part of a management agreement with a national park authority, such agreements would continue under successor owners unless there were express provision otherwise. Finally, Clause 7 of the Water Bill provides a sound basis for the continuation of concessionary access granted at the discretion of the water authority.

Where water authority land becomes surplus and is disposed of, the continuation of any concessionary rights granted by the authority, linked to their use of the land for operational reasons, will be a matter for the new owner. That is the position with regard to disposals of water authority land before privatisation, that position will apply to disposals by water plcs after privatisation.