The Access to the Countryside (Appeals against Works Notices) (England) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

Chapter 3 of Part 1 (sections 34 - 39) of the Countryside and Rights of Way Act 2000 (“the 2000 Act”) makes provision in relation to means of access in connection with access to the countryside under Chapter 1 of that Part.

Section 35 of the 2000 Act relates to agreements between access authorities and owners and occupiers of land with respect to the means of access to access land.

Section 36(3) of the 2000 Act provides that, if an owner or occupier fails to observe any restriction in an agreement under section 35 of the 2000 Act, the access authority may give notice to carry out works to remedy the breach of the restriction.

Section 37 of the 2000 Act enables an access authority to carry out works to provide means of access to access land where the authority are satisfied that they are unable to conclude on reasonable terms an agreement under section 35 of the 2000 Act. Before carrying out those works the access authority must, under section 37(1) of the 2000 Act, give notice to the owner and occupier that the authority intends to carry out the works specified in the notice.

Section 38(1) of the 2000 Act gives the owner and occupier the right to appeal against a notice under section 36(3) or 37(1) of the 2000 Act.

Part 9 of and Schedules 19 and 20 to the Marine and Coastal Access Act 2009 (“the 2009 Act”) make provision for access to the English coast.

Paragraph 2 of Schedule 20 relates to agreements between Natural England or access authorities and the owner and occupiers of land with respect to works relating to the establishment and maintenance of the English coastal route.

Paragraph 3(3) of Schedule 20 enables Natural England or the access authority (the relevant authority) to carry out works required for the establishment or maintenance of the English coastal route if they are unable to conclude on reasonable terms an agreement with the owner or occupier of the land. Before carrying out those works, the relevant authority must give notice to the owner or occupier that it intends to carry out the works in the notice.

Paragraph 4 of Schedule 20 gives the owner or occupier the right to appeal against notices under paragraph 3(3) of Schedule 20.

These Regulations provide for the period within which, and the manner in which, appeals under section 38(1) of the 2000 Act and paragraph 4 of Schedule 20 to the 2009 Act are to be brought, and also make provision for the advertising of those appeals and for the appeal procedures. In particular—

(a) Part 2 (regulations 4-12) of these Regulations relates to the initial stages of appeal and include provision as to how appeals are to be made and the period within which they are to be brought;

(b) Part 3 (regulations 13-37) of these Regulations relates to the determination of these appeals and set out the procedures for—

(i) appeals to be determined on the basis of written representations (Chapter 1, regulations 13-15);

(ii) appeals to be determined by way of a hearing (Chapter 2, regulations 16-24);

(iii) appeals to be determined by way of an inquiry (Chapter 3, regulations 25-37); and

(c) Part 4 (regulations 38-45) of these Regulations contains general provisions, including provision for allowing further time for taking any step required by these Regulations (regulation 40) and provision for the inspection and copying of documents (regulation 41).

These Regulations revoke the Access to the Countryside (Means of Access, Appeals) (England) Regulations 2004 (regulation 45).

A separate Impact Assessment has not been prepared in respect of these Regulations, because the Impact Assessment which was prepared for Part 9 of Marine and Coastal Access Act 2009 (Coastal Access) examined the impact of the implementation of Part 9 of which these Regulations form part. In so far as these Regulations have effect in relation to the right of access under Part 1 of the 2000 Act as it applies in relation to land which is open country or registered common land (as defined by section 1(2) and (3) of the 2000 Act), no burden on the private, voluntary or public sector is foreseen.