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The Access to the Countryside (Coastal Margin) (England) Order 2010

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9.  In paragraph 14—E+W

(a)renumber the existing provision as sub-paragraph (1),

(b)before the definition of “building” insert—

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

(c)

for the definition of “building” substitute—

“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;,

(d)

after that definition insert—

“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;,

(e)

after the definition of “development” and “minerals” insert—

“official alternative route” has the same meaning as in section 3A;,

(f)

after the definition of “ploughing” and “drilling” insert—

“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(1)) 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(2)) 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;, and

(g)

after sub-paragraph (1) add—

(2) Where relevant approved proposals contain a proposal under section 55D(2)(c) of the National Parks and Access to the Countryside Act 1949(3) 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..

(3)

Section 55D was inserted by section 302 of the 2009 Act.

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