Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Schedule 19 — Schedule 1A to the National Parks and Access to the Countryside Act 1949
305

modification which would satisfy the coastal access
requirements,
(b)
recommend that, if minded to approve the proposals, the
Secretary of State approves the proposals with
modifications of a kind described in the recommendation,
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being modifications which the appointed person considers
would meet the coastal access requirements, or
(c)
recommend that, if minded to approve the proposals, the
Secretary of State considers whether modifications of a
kind described in the recommendation would meet the
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coastal access requirements.
      (8)
Where a report contains a recommendation under sub-paragraph
(7)(a), the appointed person may include in the report—
(a)
a recommendation that, if minded to approve the
proposals, the Secretary of State should approve the
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proposals with modifications of a kind described in the
recommendation, being modifications which the
appointed person considers would mitigate the effects of
the failure to strike a fair balance, or
(b)
a recommendation that, if minded to approve the
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proposals, the Secretary of State should consider whether
modifications of a kind described in the recommendation
would mitigate the effects of the failure to strike a fair
balance.
      (9)
Sub-paragraph (10) applies where, in a case to which sub-
25
paragraph (4) applies, the appointed person also determines that
the proposals do not fail, in the respects (or certain of the respects)
specified in the objection, to strike a fair balance by reason of one
or more of the matters within paragraph 3(3)(a) to (f) specified in
the objection.
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     (10)
The appointed person must recommend that the Secretary of State
makes a determination to that effect (in addition to any
recommendation under sub-paragraph (7) or (8)).
     (11)
A report under this paragraph must also set out the appointed
person’s reasons for any recommendation contained in the report.
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Information and documents
12    (1)
The appointed person may give Natural England a notice
requiring it to provide the appointed person with information or
documents—
(a)
which is or are in the possession of Natural England, and
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(b)
which the appointed person reasonably requires for the
purpose of exercising functions under this Schedule.
      (2)
Natural England must send the Secretary of State a copy of any
information or document provided by it in response to a notice
under sub-paragraph (1).
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      (3)
The appointed person may give the Secretary of State a notice
requiring the Secretary of State to provide the appointed person
with—

Marine and Coastal Access Bill [HL]
Schedule 19 — Schedule 1A to the National Parks and Access to the Countryside Act 1949
306

(a)
a copy of any coastal access report specified in the notice
which the appointed person reasonably requires for the
purpose of exercising functions under this Schedule;
(b)
any information in the possession of the Secretary of State
which the appointed person reasonably so requires.
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Holding of local inquiries and other hearings by appointed person
13    (1)
Where the appointed person considers it necessary or expedient to
do so, the appointed person may hold a local inquiry or other
hearing in connection with the consideration of an objection under
this Schedule.
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      (2)
Subject to sub-paragraph (3), the costs of a local inquiry or other
hearing held under this paragraph are to be defrayed by the
Secretary of State.
      (3)
Subsections (2) to (5) of section 250 of the Local Government Act
1972 (local inquiries: evidence and costs) apply to local inquiries or
15
other hearings held under this Schedule by the appointed person
as they apply to inquiries caused to be held under that section by
a Minister, but as if—
(a)
in subsection (2) (evidence) the reference to the person
appointed to hold the inquiry were a reference to the
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appointed person,
(b)
in subsection (4) (recovery of costs of holding the
inquiry)—
(i)
references to the Minister causing the inquiry to be
held were references to the appointed person, and
25
(ii)
references to a local authority were references to
Natural England, and
(c)
in subsection (5) (orders as to the costs of the parties) the
reference to the Minister causing the inquiry to be held
were a reference to the appointed person.
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Supplementary provision about procedure in connection with objections
14    (1)
Subject to the provisions of this Schedule, the Secretary of State
may, by regulations, make provision about the consideration of
objections by the appointed person.
      (2)
Such regulations may, in particular, include—
35
(a)
provision enabling two or more objections, in the
circumstances specified in the regulations, to be
considered by the appointed person together;
(b)
provision enabling the appointed person to conduct an
inspection of any land;
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(c)
provision about the procedure for the conduct of local
inquiries and other hearings.
Preliminary consultation
15    (1)
The Secretary of State may, by regulations, make provision about
the procedure to be followed where, before determining whether
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Marine and Coastal Access Bill [HL]
Schedule 19 — Schedule 1A to the National Parks and Access to the Countryside Act 1949
307

or not to approve the proposals in a coastal access report (with or
without modifications), the Secretary of State wishes—
(a)
to identify or investigate possible modifications of the
proposals to which it might be appropriate to give further
consideration, and
5
(b)
to consult persons for the purposes of identifying or
investigating such modifications.
      (2)
Regulations under this paragraph may, in particular, apply any
provision of this Schedule (with or without modifications).
Determinations under section 52
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16    (1)
Before making a determination under section 52 in respect of a
coastal access report, the Secretary of State must consider—
(a)
any objection about the report which the appointed person
has determined is an admissible objection,
(b)
Natural England’s comments under paragraph 6 on any
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such objections,
(c)
any report under paragraph 11 in respect of any such
objection,
(d)
any representations made about the coastal access report,
or summary of such representations, and any comments
20
on those representations, received under paragraph 8, and
(e)
any information or document a copy of which is sent to the
Secretary of State under paragraph 12(2).
      (2)
The power under section 52 to approve proposals contained in a
report submitted under section 51 pursuant to the coastal access
25
duty includes a power to approve those proposals (with or
without modifications) so far as they relate to one or more parts of
the route only, and reject the remaining proposals.
      (3)
Where a report required to be considered under sub-paragraph
(1)(c) contains a statement of a finding of fact, the Secretary of State
30
in making the determination is bound by that finding unless the
Secretary of State is satisfied—
(a)
that the finding involves an assessment of the significance
of a matter to any person with a relevant interest in land or
to the public,
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(b)
that there was insufficient evidence to make the finding,
(c)
that the finding was made by reference to irrelevant factors
or without regard to relevant factors, or
(d)
that the finding was otherwise perverse or irrational.
      (4)
The Secretary of State may, by regulations, make provision about
40
the procedure to be followed where the Secretary of State is
minded to approve proposals with modifications other than
modifications made in accordance with a recommendation under
paragraph 11(7)(b) or (c) or (8)(a) or (b).
      (5)
For the purposes of sub-paragraph (4) a modification is to be
45
regarded as made in accordance with a recommendation under
paragraph 11(7)(b) or (c) or (8)(a) or (b) if it is not materially
different from a modification which could be so made.

Marine and Coastal Access Bill [HL]
Schedule 19 — Schedule 1A to the National Parks and Access to the Countryside Act 1949
308

      (6)
Regulations under sub-paragraph (4) may, in particular, apply
any provision of this Schedule (with or without modifications).
      (7)
Any requirement imposed by virtue of sub-paragraph (4) is in
addition to the duty to consult imposed by section 52(1).
Notice of determinations under section 52
5
17    (1)
Where the Secretary of State makes a determination under section
52 in respect of a coastal access report, the Secretary of State must,
as soon as reasonably practicable, comply with this paragraph.
      (2)
The Secretary of State must—
(a)
take reasonable steps to give notice of the determination to
10
persons with a relevant interest in affected land, or
(b)
if the Secretary of State considers it appropriate, publish a
notice of the determination in such manner as the
Secretary of State considers likely to bring it to the
attention of those persons.
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      (3)
The Secretary of State (in addition to complying with section 52(2))
must give notice of the determination to—
(a)
any body of a kind mentioned in section 52(2) in whose
Park or area affected land is situated (but which is not
required to be notified under section 52(2)),
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(b)
any London borough council for an area in which affected
land is situated,
(c)
any local access forum for an area in which affected land is
situated,
(d)
the Historic Buildings and Monuments Commission for
25
England, and
(e)
the Environment Agency.
      (4)
Where the Secretary of State was required under paragraph
16(1)(a) to consider an objection when making the determination,
a statement of the reasons for the determination (so far as relevant
30
to the objection) must be included in—
(a)
any notice given or published under sub-paragraph (2),
(b)
any notification of the determination under section 52(2),
and
(c)
any notice given under sub-paragraph (3).
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      (5)
Where the Secretary of State was required under paragraph
16(1)(c) to consider a report and the Secretary of State in making
the determination does not follow a recommendation in the
report, the statement of reasons required by sub-paragraph (4)
must also include the reasons for not following the
40
recommendation.
Interpretation
18
In this Schedule—
“admissible objection” is to be construed in accordance with
paragraph 3(2);
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Marine and Coastal Access Bill [HL]
Schedule 20 — Establishment and maintenance of the English coastal route etc
309

“the appointed person” has the meaning given by paragraph
4(2);
“coastal access report” has the meaning given by paragraph
1(a);
“fair balance” is to be construed in accordance with
5
paragraph 1(b);
“relevant alternative modifications” has the meaning given
by paragraph 6(3);
“the relevant documents”, in relation to an objection, has the
meaning given by paragraph 9(3).”
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Schedule 20
Section 299

Establishment and maintenance of the English coastal route etc
Extension of Chapter 3 of Part 1 of the CROW Act
1     (1)
Chapter 3 of Part 1 of the CROW Act (means of access) applies in relation to
section 15 route land as it applies in relation to access land.
15
      (2)
Functions conferred by that Chapter which are exercisable in relation to any
land by the access authority in relation to the land (including those
exercisable by virtue of sub-paragraph (1)) are also exercisable in relation to
the land by Natural England for the purposes of the coastal access duty.
      (3)
In this paragraph—
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“access land” has the same meaning as in Chapter 3 of Part 1 of the
CROW Act;
“section 15 route land” means land—
(a)
over which the English coastal route (or any part of it) passes,
and
25
(b)
which, for the purposes of section 1(1) of the CROW Act, is
treated by section 15(1) of that Act as being accessible to the
public apart from that Act.
Agreements relating to establishment and maintenance of route
2     (1)
Where, in respect of any land, it appears to Natural England that it is
30
appropriate for works within sub-paragraph (3) to be carried out for the
purposes of the coastal access duty, Natural England may enter into an
agreement with the owner or occupier of the land as to the carrying out of
the works.
      (2)
Where, in respect of any land, it appears to the access authority in relation to
35
that land that it is appropriate for works within sub-paragraph (3) to be
carried out for the purpose of assisting Natural England to discharge the
coastal access duty, the access authority may enter into an agreement with
the owner or occupier of the land as to the carrying out of the works.
      (3)
The works within this sub-paragraph are—
40
(a)
the clearance or maintenance of land for the purpose of facilitating
the use of the English coastal route by the public for journeys on foot;
(b)
the removal, for that purpose, of any obstruction of the route;

Marine and Coastal Access Bill [HL]
Schedule 20 — Establishment and maintenance of the English coastal route etc
310

(c)
the clearance or maintenance of land which is coastal margin for the
purpose of facilitating the exercise by the public of any right to enter
or remain on the land on a bicycle or on horseback which is conferred
by section 2(1) of the CROW Act (by virtue of the removal or
relaxation of any of the general restrictions in Schedule 2 to that Act);
5
(d)
the drainage or levelling of land, or the improvement of its surface,
for the purpose mentioned in paragraph (a) or, if the land is coastal
margin, the purpose mentioned in paragraph (c);
(e)
the construction, removal, repair or improvement of any wall, rail,
fence or other barrier or any posts, or the planting of any hedge.
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      (4)
An agreement under this paragraph may provide—
(a)
for the carrying out of works by the owner or occupier or by the
contracting authority, and
(b)
for the making of payments by the contracting authority as a
contribution towards, or for the purpose of meeting, costs incurred
15
by the owner or occupier in carrying out any works for which the
agreement provides.
      (5)
Sub-paragraph (6) applies if the owner or occupier of any land fails to carry
out within the required period any works which the owner or occupier is
required by an agreement under this paragraph to carry out.
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      (6)
The contracting authority may take all necessary steps for carrying out the
works, but it may do so only after giving at least 21 days’ notice of its
intention to do so to the owner or occupier required by the agreement to
carry out the works.
      (7)
Where the contracting authority carries out any works by virtue of sub-
25
paragraph (6), the authority may recover the relevant expenses from the
person by whom, under the agreement, the cost of carrying out the works
(after deduction of the authority’s contribution) would fall to be borne.
      (8)
In this paragraph—
“contracting authority” means—
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(a)
in relation to an agreement under sub-paragraph (1), Natural
England, and
(b)
in relation to an agreement under sub-paragraph (2), the
access authority by which the agreement is made;
“relevant expenses”, in relation to works carried out under sub-
35
paragraph (6) by a contracting authority, means the amount of any
expenses reasonably incurred by the authority in carrying out the
works, reduced by its contribution under the agreement;
“the required period” means—
(a)
the period specified in, or determined in accordance with, the
40
agreement as that within which the works must be carried
out, or
(b)
if there is no such period, a reasonable period.
Establishment and maintenance of route in absence of agreement
3     (1)
This paragraph applies where—
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(a)
it appears to Natural England that, for the purposes of the coastal
access duty, it is necessary for works within paragraph 2(3) to be
carried out on any land, or

Marine and Coastal Access Bill [HL]
Schedule 20 — Establishment and maintenance of the English coastal route etc
311

(b)
it appears to the access authority in relation to any land that, for the
purpose of Natural England discharging the coastal access duty, it is
necessary for such works to be carried out on that land.
      (2)
In this paragraph—
“the relevant authority” means—
5
(a)
in a case within sub-paragraph (1)(a), Natural England, and
(b)
in a case within sub-paragraph (1)(b), the access authority in
question;
“the required works” means the works within paragraph 2(3) which the
relevant authority considers it necessary to carry out for the
10
purposes mentioned in sub-paragraph (1)(a) or (b).
      (3)
If the relevant authority is satisfied that it is unable to conclude on
reasonable terms an agreement under paragraph 2 with the owner or
occupier of the land for the carrying out of the required works, it may give
the owner or occupier a notice stating that, after the end of the specified
15
period, it intends to take all necessary steps for carrying out the required
works.
      (4)
The “specified period” means the period specified in the notice, being a
period of not less than 21 days beginning with the day on which the notice
is given.
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      (5)
A notice under sub-paragraph (3) must contain particulars of the right of
appeal conferred by paragraph 4.
      (6)
Where a notice under sub-paragraph (3) is given to any person as the owner
or occupier, the relevant authority must give a copy of the notice to every
other owner or occupier of the land.
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      (7)
If, at the end of the period specified in the notice under sub-paragraph (3),
any of the required works have not been carried out, the relevant authority
may take all necessary steps for carrying out those works.
      (8)
The relevant authority exercising the power conferred by sub-paragraph (7)
in respect of any land must have regard to the requirements of efficient
30
management of the land in deciding how to carry out the required works.
Appeals relating to notices under paragraph 3
4     (1)
Where a notice under paragraph 3(3) has been given to a person in respect
of any land, that person or any other owner or occupier of the land may
appeal against the notice to the Secretary of State.
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      (2)
An appeal against a notice under paragraph 3(3) may be brought on any of
the following grounds—
(a)
that the notice requires the carrying out of any works which it is not
necessary to carry out for the purposes of the coastal access duty;
(b)
that any of the works have already been carried out;
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(c)
that the period specified in the notice as the period after which steps
are to be taken to carry out the works is too short.
      (3)
On an appeal under this paragraph, the Secretary of State may—
(a)
confirm the notice with or without modifications, or
(b)
cancel the notice.
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