64 Access agreements. E+W
(1)A local planning authority may . . . F1 make an access agreement with any person having an interest in land, being open country, in the area of the authority whereby the provisions in that behalf of this Part of this Act shall apply to the land.
(2)An access agreement may provide for the making of payments by the local planning authority of either or both of the following descriptions, that is to say in consideration of the making of the agreement and by way of contribution towards expenditure incurred by the person making the agreement in consequence thereof.
(3)An access agreement may be made either irrevocably or subject to such provisions for revocation or variation as may be specified in the agreement.
(4)Section two of the M1Forestry Act 1947 (which empowers tenants for life and other limited owners to enter into forestry dedication covenants) shall apply to an access agreement as it applies to such a covenant.
(5)Before entering into an access agreement as respects land in a National Park, the local planning authority shall consult with the Commission [F2(where the Park is in England) or the Council (where the park is in Wales)].
(6)Where an access agreement is made with one or some, but not all, of the persons having interests in the land to which the agreement relates, the provisions of this Part of this Act shall apply as respects the interests of the persons with whom the agreement is made, and shall continue so to apply notwithstanding any change in the persons entitled thereto, but shall not, as against the person for the time being entitled to any other interest in the land, operate so as to prejudice his rights as owner of that interest, or impose any restriction on him or confer any right against him.
Textual Amendments
F1Words repealed by Local Government Act 1974 (c. 7, SIF 81:1), Sch. 8
F2Words inserted (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 130, 164(3), Sch. 8 para. 1(8)
Modifications etc. (not altering text)
C1S. 64 amended by Countryside Act 1968 (c. 41, SIF 46:1), s. 18.
Marginal Citations