(1)    This Order may be cited as the Access to the Countryside (Coastal Margin) (England) Order 2010.

(2)    This Order comes into force on 6th April 2010.

(3)    This Order applies in relation to England only.

In this Order—

“alternative route strip”, in relation to an official alternative route, means the land which becomes coastal margin during the operation of that route;

“approved section of the English coastal route” means a route in relevant approved proposals (other than an official alternative route);

“the CROW Act” means the Countryside and Rights of Way Act 2000;

“relevant coastal margin”, in relation to relevant approved proposals, means the land which becomes coastal margin by virtue of article 3(2) or (3) as a result of the proposals being approved;

“temporary route” means a route for the time being having effect by virtue of a direction under section 55I of the 1949 Act.

(1)    Land in England is coastal margin for the purposes of Part 1 of the CROW Act (access to the countryside) if it falls within one or more of the following descriptions.

(2)    The first description of land is—

(a)    land over which the line of an approved section of the English coastal route passes,

(b)    land which is adjacent to and within 2 metres either side of that line, and

(c)    land which is seaward of the line of an approved section of the English coastal route and lies between land within sub-paragraph (b) in relation to that approved section and the seaward extremity of the foreshore,

if the land within sub-paragraphs (a) to (c), taken as a whole, is coastal land.

(3)    The second description of land is land which—

(a)    is landward of the line of an approved section of the English coastal route,

(b)    is—

(i)    foreshore, cliff, bank, barrier, dune, beach or flat, or

(ii)    land of any other kind, which is treated by section 15(1) as being accessible to the public apart from the CROW Act, and

(c)    when taken together with land within the first description in relation to the approved section, is coastal land.

(4)    The third description of land is—

(a)    land over which the line of an official alternative route which is for the time being in operation passes, and

(b)    land which is adjacent to and within 2 metres either side of that line.

(5)    The fourth description of land is—

(a)    land over which the line of a temporary route passes, and

(b)    land which is adjacent to and within 2 metres either side of that line,

to the extent that the land is within section 55I(4)(d) of the 1949 Act (land over which the owner has agreed the temporary route may pass).

(1)    This article applies where relevant approved proposals contain a proposal of the kind mentioned in section 55B of the 1949 Act (power to determine the route in accordance with provision made in the report) in relation to an approved section of the English coastal route or part of an approved section.

(2)    In article 3(2) the references to the line of an approved section of the English coastal route are, in relation to that section or part, references to the line of the section or part as it has effect from time to time in accordance with the relevant approved proposals.

(1)    This article applies where relevant approved proposals contain a proposal under section 55D(2)(a) of the 1949 Act for the landward boundary of the relevant coastal margin, or any part of that boundary, to coincide with a physical feature identified in the proposal.

(2)    The landward boundary of the relevant coastal margin or part is (despite article 3(2) and (3)) to coincide with that feature.

(3)    It is immaterial whether the effect of this article is—

(a)    to include land as coastal margin, or

(b)    to exclude part of an area of coastal land from being coastal margin.

(1)    This article applies where, by virtue of section 55C(6) of the 1949 Act (application to alternative routes of power conferred by section 55B etc), relevant approved proposals contain a proposal of the kind mentioned in section 55B of that Act in relation to an official alternative route or part of an official alternative route.

(2)    In article 3(4), the references to the line of an official alternative route are, in relation to that official alternative route or part, references to the line of the route or part as it has effect from time to time in accordance with the relevant approved proposals.

(1)    This article applies where relevant approved proposals contain a proposal under section 55D(2)(b) of the 1949 Act for the landward or seaward boundary of an alternative route strip in relation to an official alternative route, or any part of such a boundary, to coincide with a physical feature identified in the proposal.

(2)    The boundary in question is (despite article 3(4)) to coincide with that feature.

The Schedule contains amendments of Part 1 of the CROW Act (access to the countryside) which modify the way in which that Part applies in relation to land which is coastal margin.

In the Schedule—

Part 1 contains amendments of Schedule 1 to that Act (excepted land for purposes of Part 1),

Part 2 contains amendments of Schedule 2 to that Act (restrictions to be observed by persons exercising right of access),

Part 3 contains amendments of Chapter 2 of Part 1 of that Act (exclusion or restriction of access), and

Part 4 contains other amendments of that Part.

Signed by authority of the Secretary of State

Huw Irranca-Davies

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

1st March 2010

This Order is made under section 3A of the Countryside and Rights of Way Act 2000 (c 37) (“the CROW Act”). It applies in relation to land in England only.

The Order sets out descriptions of land which are coastal margin for the purposes of Part 1 of the CROW Act (article 3). It also makes provision for cases where relevant approved proposals (as defined in section 3A(10)) contain—

(a)    a proposal for any part of the English coastal route referred to in section 296 of the Marine and Coastal Access Act 2009 (c 23) to be determined in accordance with provision made in the report prepared by Natural England, or

(b)    a proposal for the landward boundary of land which is to become coastal margin to coincide with a physical feature identified in the proposal (articles 4 to 7).

The Schedule to the Order modifies the way in which Part 1 of the CROW Act applies in relation to land which is coastal margin in four ways:

(c)    it amends Schedule 1 to the CROW Act (excepted land for the purposes of Part 1 of the CROW Act), which makes provision for certain categories of land to be excepted from the right of access under section 2(1) of that Act (Part 1 of the Schedule);

(d)    it amends Schedule 2 to the CROW Act (restrictions to be observed by persons exercising right of access), which makes provision preventing that right of access from being exercisable by persons who fail to observe certain restrictions (Part 2 of the Schedule);

(e)    it amends Chapter 2 of Part 1 of the CROW Act (exclusion or restriction of access) which makes provision for that right of access to be excluded or restricted in certain circumstances, including by means of a direction given by “the relevant authority” (as defined in section 21(5)) (Part 3 of the Schedule);

(f)    it amends section 1 of the CROW Act which sets out definitions used in Part 1 of that Act to make provision about land which is coastal margin by virtue of this Order and land which dedicated as coastal margin under section 16 of the Act (Part 4 of the Schedule).

A separate Impact Assessment has not been prepared in respect of this Order because the Impact Assessment which was prepared for the Marine and Coastal Access Act 2009 included assumptions which are reflected in the Order.