Marine and Coastal Access Act 2009 Explanatory Notes

Establishment and maintenance of route in absence of agreement

1028.Sub-paragraphs (1) to (3) of paragraph 3 enable Natural England or the access authority, to give notice of its intention to carry out works as set out in paragraph 2(2) that it considers necessary to enable Natural England to meet its coastal access duty (as set out in section 296) on any land, where it is unable to conclude an agreement under paragraph 2.

1029.Sub-paragraph (4) requires a period of not less than 21 days’ notice to be given to the owner or occupier before any works may be carried out.

1030.Sub-paragraph (5) requires that the notice given to the owner or occupier must provide details of how an appeal against the notice may be made.

1031.Sub-paragraph (6) requires the notice to be given to each owner or occupier of any land to which the notice refers.

1032.Sub-paragraph (7) enables Natural England or the access authority to take steps to carry out the works if any of the required works have not been carried out before the end of the period specified in the notice. Sub-paragraph (8) provides that it must have regard to the requirements of efficient management of the land in deciding how to carry out the works.

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