Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
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Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Schedule 19 — Schedule 1A to the 1949 Act
296

Parks and Access to the Countryside Act 1949 (c. 97)—
“Schedule 1A
Coastal access reports
Introductory
1
In this Schedule—
5
(a)
“coastal access report” means a report submitted under
section 51 pursuant to the coastal access duty;
(b)
references to a fair balance are references to a fair balance
between—
(i)
the interests of the public in having rights of access
10
over land, and
(ii)
the interests of any person with a relevant interest
in the land,

(to which section 291(3) of the Marine and Coastal Access
Act 2009 (general duties in connection with the coastal
15
access duty) refers).
Advertising etc of coastal access reports
2     (1)
Natural England must—
(a)
advertise a coastal access report, and
(b)
take such steps as are reasonable to give notice of the
20
report to persons within sub-paragraph (2).
      (2)
Those persons are—
(a)
persons with a relevant interest in affected land;
(b)
each access authority for an area in which affected land is
situated;
25
(c)
each local access forum for an area in which affected land
is situated;
(d)
the Historic Buildings and Monuments Commission for
England;
(e)
the Environment Agency;
30
(f)
such other persons as may be specified in regulations
made by the Secretary of State.
      (3)
The Secretary of State may by regulations make provision about—
(a)
the form and manner in which reports are to be advertised
under sub-paragraph (1)(a);
35
(b)
the form and manner in which notices are to be given
under sub-paragraph (1)(b);
(c)
the timing of any advertisement or the giving of any notice.
Objections by persons with relevant interest in affected land
3     (1)
Any person who has a relevant interest in affected land may make
40
an objection to Natural England about a coastal access report.
      (2)
For the purposes of this Schedule an objection is not an admissible
objection unless it—

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(a)
satisfies the conditions in sub-paragraphs (3) and (4), and
(b)
is made in accordance with any requirements imposed by
regulations under sub-paragraph (7)(b).
      (3)
The first condition is that the objection is made on the ground that
the proposals in the report, in such respects as are specified in the
5
objection, fail to strike a fair balance as a result of one or more of
the following—
(a)
the position of any part of the proposed route;
(b)
the inclusion of proposals under subsection (2) of section
55B or the nature of any proposal under that subsection;
10
(c)
the inclusion of, or failure to include, an alternative route
under section 55C(2) or the position of any such alternative
route or any part of such a route;
(d)
the inclusion of, or failure to include, proposals under one
or more of paragraphs (a) to (c) of section 55D(2) or the
15
nature of any proposal made under such a paragraph;
(e)
the inclusion of, or failure to include, a proposal under
section 55D(5) or the terms of any such proposal;
(f)
the exercise of a discretion conferred by section 295(2) or
(3) of the Marine and Coastal Access Act 2009, or failure to
20
exercise a discretion conferred by section 295(3) of that Act,
in relation to a river.
      (4)
The second condition is that the objection specifies the reasons
why the person making the objection is of the opinion that a fair
balance is not struck as a result of the matter or matters within sub-
25
paragraph (3)(a) to (f).
      (5)
An objection under this paragraph may propose modifications of
the proposals in the report if the person making the objection
considers—
(a)
that those modifications would remedy, or mitigate the
30
effects of, the failure to strike a fair balance to which the
objection relates, and
(b)
that the proposals as so modified would satisfy the
requirements of sub-paragraph (6).
      (6)
Modified proposals satisfy the requirements of this sub-paragraph
35
if what they propose—
(a)
is practicable,
(b)
takes account of the matters mentioned in section 291(2),
and (where appropriate) section 295(4), of the Marine and
Coastal Access Act 2009 (matters to which Natural
40
England and the Secretary of State must have regard when
discharging the coastal access duty), and
(c)
is in accordance with the scheme approved under section
292 of that Act (the scheme in accordance with which
Natural England must act when discharging the coastal
45
access duty) or, where that scheme has been revised, the
revised scheme.
      (7)
The Secretary of State may by regulations make provision about—

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(a)
the steps to be taken by Natural England to make persons
with an interest in affected land aware of their entitlement
to make objections under this paragraph;
(b)
the form and manner in which, and period within which,
objections are to be made.
5
Referral of objections to the appointed person
4     (1)
Natural England must send to the Secretary of State a copy of any
objection received under paragraph 3 about a coastal access
report.
      (2)
The Secretary of State must refer any objection received under
10
sub-paragraph (1) to a person appointed by the Secretary of State
for the purposes of this Schedule (“the appointed person”).
      (3)
An appointment under sub-paragraph (2)—
(a)
must be in writing;
(b)
may relate to any particular objection specified in the
15
appointment or to objections of a description so specified;
(c)
may provide for a payment or payments to be made to the
appointed person.
      (4)
An appointment under sub-paragraph (2) may, by notice in
writing given to the appointed person, be revoked at any time by
20
the Secretary of State in respect of any objection if the appointed
person has not, before that time, given the Secretary of State a
report containing a recommendation under paragraph 11 in
relation to the objection.
      (5)
Where the appointment of the appointed person is revoked in
25
respect of any objection, the Secretary of State must appoint
another person under sub-paragraph (2) to deal with the objection
afresh under this Schedule.
      (6)
Nothing in sub-paragraph (5) requires any person to be given an
opportunity to make fresh representations or comments or to
30
modify or withdraw any representations or comments already
made.
Determination of admissibility of objections
5
Where an objection is referred under paragraph 4(2), the
appointed person must—
35
(a)
determine whether the objection is an admissible
objection, and
(b)
give notice of that determination, together with the
reasons for it, to—
(i)
the person who made the objection,
40
(ii)
the Secretary of State, and
(iii)
Natural England.

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Admissible objections
6     (1)
Where Natural England is notified under paragraph 5(b) that an
objection is an admissible objection, it must send to the Secretary
of State its comments on the objection.
      (2)
A notice under paragraph 5(b) that an objection is an admissible
5
objection may require Natural England to include in its comments
under sub-paragraph (1)—
(a)
either—
(i)
an outline of any relevant alternative modifications
of the proposals in the coastal access report, or
10
(ii)
if Natural England considers there are no such
modifications, a statement to that effect;
(b)
if an outline is included under paragraph (a)(i), an
assessment of the effects of the relevant alternative
modifications on the interests of the public in having rights
15
of access over land and the interests of any person with a
relevant interest in affected land;
(c)
either—
(i)
an outline of any relevant rejected proposals which
were considered by Natural England in connection
20
with the preparation of the coastal access report
and of its reasons for rejecting them, or
(ii)
if there are no such proposals, a statement to that
effect;
(d)
information of such other description as the appointed
25
person may specify in the notice under paragraph 5(b),
being information which the appointed person considers
to be material for the purpose of making a determination
under paragraph 10(2).
      (3)
In this paragraph, a reference to relevant alternative modifications
30
of the proposals is to modifications of the proposals which Natural
England considers—
(a)
might reasonably be regarded as relevant for the purpose
of determining—
(i)
whether, in the respects identified in the objection,
35
the proposals in the report strike a fair balance, or
(ii)
whether any modification of those proposals
would produce proposals that strike a fair balance
or mitigate the effects of any failure to strike a fair
balance,
40
(b)
are materially different from any modifications included
in the objection under paragraph 3(5), and
(c)
would, if made, result in proposals which satisfy the
requirements of paragraph 3(6)(a) and (c).
      (4)
In this paragraph, a reference to relevant rejected proposals is to
45
proposals which, if to be given effect to, would require
modifications to be made of the proposals in the coastal access
report which—
(a)
are materially different from—

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(i)
any modifications included in the objection under
paragraph 3(5), and
(ii)
any relevant alternative modifications outlined in
Natural England’s comments on the objection, and
(b)
would be relevant alternative modifications but for a
5
failure to satisfy the requirement of paragraph 3(6)(a).
Representations about reports
7     (1)
Representations about a coastal access report may be made by any
person to Natural England.
      (2)
The Secretary of State may by regulations make provision about—
10
(a)
the steps to be taken by Natural England to make persons
aware of their entitlement to make representations under
this paragraph;
(b)
the form and manner in which, and period within which,
representations are to be made.
15
8     (1)
Natural England must send to the Secretary of State—
(a)
a copy of any representations made by a person within
paragraph 2(2)(b) to (f) about a coastal access report,
(b)
a summary of any other representations made about the
report, and
20
(c)
Natural England’s comments on representations within
paragraph (a) or (b).
      (2)
In this paragraph references to representations are to
representations made under paragraph 7 in accordance with any
requirements imposed by regulations under paragraph 7(2)(b).
25
Reference of objection to the appointed person
9     (1)
This paragraph applies where the Secretary of State is notified
under paragraph 5(b) that an objection made about a coastal
access report is an admissible objection.
      (2)
The Secretary of State must send to the appointed person the
30
relevant documents in relation to the objection.
      (3)
The relevant documents are—
(a)
a copy of the coastal access report to which the objection
relates,
(b)
a copy of Natural England’s comments on the objection
35
received under paragraph 6,
(c)
a copy of any representations received under paragraph
8(1)(a) about the coastal access report, so far as those
representations appear to the Secretary of State to be
relevant to the objection,
40
(d)
if there are such representations, a copy of Natural
England’s comments on them received under paragraph
8(1)(c),
(e)
if a summary of representations about the coastal access
report has been received under paragraph 8(1)(b), a copy
45

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of any part of the summary which appears to the Secretary
of State to be relevant to the objection, and
(f)
if there is such a part, a copy of Natural England’s
comments on the representations to which the part relates
received under paragraph 8(1)(c).
5
Consideration of objections by appointed person
10    (1)
This paragraph applies where the appointed person—
(a)
has determined that an objection about a coastal access
report is an admissible objection, and
(b)
has received, under paragraph 9, the relevant documents
10
in relation to the objection.
      (2)
The appointed person must determine whether the proposals set
out in the report fail, in the respects specified in the objection, to
strike a fair balance as a result of the matter or matters within
paragraph 3(3)(a) to (f) specified in the objection.
15
      (3)
If the appointed person is minded to determine that the proposals
fail to strike a fair balance, the appointed person must comply
with sub-paragraphs (4) and (5) before making such a
determination.
      (4)
The appointed person must publish a notice containing—
20
(a)
details of the objection and Natural England’s comments
on it under paragraph 6,
(b)
a statement that the appointed person is minded to
determine that the proposals fail to strike a fair balance,
and
25
(c)
an invitation to submit to the appointed person
representations about—
(i)
the objection (including any modifications of the
proposals proposed by the objection),
(ii)
any relevant alternative modifications contained in
30
Natural England’s comments on the objection
under paragraph 6, and
(iii)
any observations which the appointed person has
made in the notice regarding any such relevant
alternative modifications or any modifications
35
proposed by the objection.
      (5)
The appointed person must give a copy of that notice to—
(a)
Natural England;
(b)
any person with a relevant interest in—
(i)
affected land to which the objection relates, or
40
(ii)
land which is not affected land but would be such
land if any of the modifications referred to in sub-
paragraph (4)(c)(i) or (ii) were made to the
proposals;
(c)
any person within paragraph 2(2)(b) to (f).
45
      (6)
The Secretary of State may by regulations make provision about—

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(a)
the form and manner in which notices are to be published
or given under this paragraph,
(b)
the timing of the publication or giving of notices under this
paragraph, and
(c)
the form and manner in which, and period within which,
5
representations are to be made in response to an invitation
in a notice under this paragraph.
      (7)
The appointed person may require the Secretary of State, at the
Secretary of State’s expense—
(a)
to discharge the appointed person’s duty to publish or
10
give a notice under this paragraph;
(b)
to receive on behalf of the appointed person any
representations made in response to an invitation in a
notice under this paragraph and forward such
representations to the appointed person.
15
Recommendations of the appointed person
11    (1)
Where a determination is made in respect of an objection under
paragraph 10(2), the appointed person must give the Secretary of
State a report which—
(a)
sets out that determination, and
20
(b)
makes one or more recommendations in accordance with
this paragraph.
      (2)
Sub-paragraph (3) applies if the appointed person concludes
under paragraph 10(2) that the proposals do not fail, in the
respects specified in the objection, to strike a fair balance as a result
25
of any of the matters within paragraph 3(3)(a) to (f) specified in the
objection.
      (3)
The appointed person must recommend that the Secretary of State
makes a determination to that effect.
      (4)
Sub-paragraphs (5) and (7) apply if the appointed person
30
concludes that the proposals fail, in the respects (or certain of the
respects) specified in the objection, to strike a fair balance as a
result of one or more of the matters within paragraph 3(3)(a) to (f)
specified in the objection.
      (5)
The appointed person must determine whether there are any
35
modifications of the proposals which would meet the coastal
access requirements.
      (6)
For the purposes of this paragraph, modifications meet the coastal
access requirements if they—
(a)
remedy the failure to strike a fair balance identified by the
40
objection, and
(b)
produce proposals which satisfy the requirements of
paragraph 3(6).
      (7)
The appointed person must—
(a)
recommend that the Secretary of State determines that the
45
proposals fail, in one or more of the respects specified in
the objection, to strike a fair balance but that there is no