National Parks and Access to the Countryside Act 1949

61 General survey of access requirements of local planning authority areas. E+W

(1) Every local planning authority, except as hereinafter provided, shall within two years from the commencement of this Act review their area for the purpose of ascertaining what land there is in their area of the descriptions specified in subsection (2) of section fifty-nine of this Act, and of considering what action should be taken as respects their area, whether by the making of access agreements or orders or by the acquisition of land, for securing access by the public for open-air recreation.

(2) In considering what action should be taken as aforesaid, a local planning authority shall have regard to all relevant circumstances, including—

(a) in the case of particular land, the extent to which such access as aforesaid is likely to be available without such action being taken, and

(b) generally, the extent to which there is a need for greater facilities in their area for such access, whether for persons living in their area or for other persons.

(3) The foregoing provisions of this section shall not apply in relation to the London County Council, the council of a county borough or, where the area of a joint planning board falls partly within one or more counties and partly within one or more county boroughs, to the joint planning board as respects so much of their area as falls within a county borough:

Provided that—

(a) the council of a county borough, being a local planning authority, or any such joint planning board as aforesaid may by resolution adopt the foregoing provisions of this section as respects any part of a county borough within their area and specified in the resolution;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

and where a resolution or order under this proviso takes effect the said provisions shall apply accordingly, but with the substitution for references to the commencement of this Act of references to the coming into operation of the resolution or order.

Textual Amendments

F1 S. 61(3)(b) repealed by Local Government Planning and Land Act 1980 (c. 65, SIF 81:1,2) Sch. 34 Pt. III

Modifications etc. (not altering text)

C1 S. 61 modified (19.9.1995) by 1995 c. 25, ss. 68(5), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

C2 S. 61(1)–(3) amended by Local Government Act 1972 (c. 70), Sch. 17 para. 35