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297General provision about the coastal access duty

(1)    In discharging the coastal access duty, Natural England and the Secretary of State must comply with the requirements of this section.

(2)    They must have regard to—

(a)    the safety and convenience of those using the English coastal route,

(b)    the desirability of that route adhering to the periphery of the coast and providing views of the sea, and

(c)    the desirability of ensuring that so far as reasonably practicable interruptions to that route are kept to a minimum.

(3)    They must aim to strike a fair balance between the interests of the public in having rights of access over land and the interests of any person with a relevant interest in the land.

(4)    For this purpose a person has a relevant interest in land if the person—

(a)    holds an estate in fee simple absolute in possession in the land,

(b)    holds a term of years absolute in the land, or

(c)    is in lawful occupation of the land.

NOTES
Initial Commencement
Specified date

Specified date: 12 January 2010: see s 324(2)(d).

Extent

This section does not extend to Scotland: see s 323(1).

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