National Parks and Access to the Countryside Act 1949

[F1 Objections by persons with relevant interest in affected land E+W

Textual Amendments

F1 Sch. 1A inserted (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d)(2)(d), Sch. 19 (with s. 308)

3 (1) Any person who has a relevant interest in affected land may make an objection to Natural England about a coastal access report. E+W

(2) For the purposes of this Schedule an objection is not an admissible objection unless it—

(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 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;

(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 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 301(2) or (3) of the Marine and Coastal Access Act 2009, or failure to exercise a discretion conferred by section 301(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-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 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 if what they propose—

(a) is practicable,

(b) takes account of the matters mentioned in section 297(2), and (where appropriate) section 301(4), of the Marine and Coastal Access Act 2009 (matters to which Natural 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 298 of that Act (the scheme in accordance with which Natural England must act when discharging the coastal access duty) or, where that scheme has been revised, the revised scheme.

(7) The Secretary of State may by regulations make provision about—

(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.]