Countryside and Rights of Way Act 2000

Part II E+W Supplementary provisions

14 [F1 (1)] In this Schedule— E+W

• [F2 “approved section of the English coastal route” means a route in relevant approved proposals, other than an official alternative route,]

• [F3 “building” includes any structure or erection and any part of a building as so defined, but does not include any fence or wall, or anything which is a means of access as defined by section 34; and for this purpose “structure” includes any tent, caravan or other temporary or moveable structure;]

• [F3 “building”—

  (a)

  includes any structure or erection and any part of a building as so defined, but

  (b)

  does not include any fence or wall, anything which is a means of access as defined by section 34 or, in the case of land which is coastal margin, any slipway, hard or quay;

  and for this purpose “structure” includes any tent, caravan or other temporary or moveable structure;]

• [F4 “burial ground” means a place which, for the time being, is set apart as a churchyard, cemetery or other ground (whether or not consecrated) in which bodies are interred;

• “coastal route strip” means—

  (a)

  land over which the line of an approved section of the English coastal route, or an official alternative route, passes, and

  (b)

  subject to sub-paragraph (2), land which is adjacent to and within 2 metres either side of such a line;]

• “development” and “minerals” have the same meaning as in the M1 Town and Country Planning Act 1990;

• [F5 “official alternative route” has the same meaning as in section 3A;]

• “ploughing” and “drilling” include respectively agricultural or forestry operations similar to ploughing and agricultural or forestry operations similar to drilling;

• [F6 “regulated caravan or camping site” means—

  (a)

  land which is used for the purposes of a caravan site (within the meaning of section 1(4) of the Caravan Sites and Control of Development Act 1960) by virtue of–

  (i)

  a site licence issued under Part 1 of that Act (caravan site licences),

  (ii)

  a certificate issued under paragraph 5 of Schedule 1 to that Act (sites approved by exempted organisations), or

  (iii)

  paragraph 11 of that Schedule (land occupied by a local authority as a caravan site), or

  (b)

  land which is used for the purposes of a site for tents or other moveable dwellings (within the meaning of section 269 of the Public Health Act 1936) by virtue of a licence issued under subsection (1)(i) of that section (disregarding any certificate under subsection (6) of that section which has the effect of a licence);

• “relevant approved proposals” has the same meaning as in section 3A;]

• “statutory undertaker” means—

  (a)

  a person authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power,

  (b)

  any public gas transporter, within the meaning of Part I of the M2 Gas Act 1986,

  (c)

  any water or sewerage undertaker,

  (d)

  any holder of a licence under section 6(1) of the M3 Electricity Act 1989, or

  (e)

  the Environment Agency[F7 , the Natural Resources Body for Wales], [F8 a universal service provider (within the meaning of [F9 Part 3 of the Postal Services Act 2011]) in connection with the provision of a universal postal service (within the meaning of [F10 that Part])][F11 , the Civil Aviation Authority or a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence)];

• “statutory undertaking” means—

  (a)

  the undertaking of a statutory undertaker [F12 (which, in the case of a universal service provider (within the meaning of [F9 Part 3 of the Postal Services Act 2011]), means his undertaking so far as relating to the provision of a universal postal service (within the meaning of [F10 that Part]) [F13 and, in the case of a person who holds a licence under Chapter I of Part I of the Transport Act 2000, means that person’s undertaking as licence holder])], or

  (b)

  an airport to which Part V of the M4 Airports Act 1986 applies.

[F14 (2) Where relevant approved proposals contain a proposal under section 55D(2)(c) of the National Parks and Access to the Countryside Act 1949 for the landward or seaward boundary of any part of a coastal route strip excluded from a description of excepted land by paragraph 1, 7, 13A or 13C to coincide with a physical feature identified in the proposal, the boundary in question is to coincide with that feature.]

Textual Amendments

F1 Sch. 1 para. 14(1): Sch. 1 para. 14 renumbered as Sch. 1 para. 14(1) (E.) (6.4.2010) by The Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558), art. 1(2), Sch. 1 para. 9(a)

F2 Words in Sch. 1 para. 14(1) inserted (E.) (6.4.2010) by The Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558), art. 1(2), Sch. 1 para. 9(b)

F3 Words in Sch. 1 para. 14(1) substituted (E.) (6.4.2010) by The Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558), art. 1(2), Sch. 1 para. 9(c)

F4 Words in Sch. 1 para. 14(1) inserted (E.) (6.4.2010) by The Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558), art. 1(2), Sch. 1 para. 9(d)

F5 Words in Sch. 1 para. 14(1) inserted (E.) (6.4.2010) by The Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558), art. 1(2), Sch. 1 para. 9(e)

F6 Words in Sch. 1 para. 14(1) inserted (E.) (6.4.2010) by The Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558), art. 1(2), Sch. 1 para. 9(f)

F7 Words in Sch. 1 para. 14(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 410 (with Sch. 7)

F8 Sch. 1 para. 14: words in definition of “statutory undertaker” in para. (e) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 136(1)(2)

F9 Words in Sch. 1 para. 14(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 156(a); S.I. 2011/2329, art. 3

F10 Words in Sch. 1 para. 14(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 156(b); S.I. 2011/2329, art. 3

F11 Sch. 1 para. 14: words in definition of “statutory undertaker” in para. (e) substituted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. II para. 9(a)

F12 Sch. 1 para. 14: words in definition of “statutory undertaking” inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 136)(1)(3)

F13 Sch. 1 para. 14: words in definition of “statutory undertaking” in para. (a) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. 1 Pt. II para. 9(b)

F14 Sch. 1 para. 14(2) added (E.) (6.4.2010) by The Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558), art. 1(2), Sch. 1 para. 9(g)

Marginal Citations

M1 1990 c. 8.

M2 1986 c. 44.

M3 1989 c. 29.

M4 1986 c. 31.

[F15 14A. E In paragraph 5, the reference to the getting of minerals by surface working does not include the removal by any person of sand or shingle from an area of foreshore or beach which is coastal margin, in pursuance of a right which is enjoyed by the person under any grant or reservation, local or personal Act, Royal charter or letters patent or by prescription.]

Textual Amendments

F15 Sch. 1 para. 14A inserted (E.) (6.4.2010) by The Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558), art. 1(2), Sch. 1 para. 10

15 (1) Land is not to be treated as excepted land by reason of any development carried out on the land, if the carrying out of the development requires planning permission under Part III of the M5 Town and Country Planning Act 1990 and that permission has not been granted. E+W

(2) Sub-paragraph (1) does not apply where the development is treated by section 191(2) of the M6 Town and Country Planning Act 1990 as being lawful for the purposes of that Act.

Marginal Citations

M5 1990 c. 8.

M6 1990 c. 8.

16 E+W The land which is excepted land by virtue of paragraph 10 does not include—

(a) any means of access, as defined by section 34, or

(b) any way leading to such a means of access,

if the means of access is necessary for giving the public reasonable access to access land.

17 E+W Land which is habitually used for the training of racehorses is not to be treated by virtue of paragraph 11 as excepted land except—

(a) between dawn and midday on any day, and

(b) at any other time when it is in use for that purpose.