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Part IE+W Access to the countryside

Chapter IIE+W Exclusion or restriction of access

25 Avoidance of risk of fire or of danger to the public.E+W

(1)The relevant authority may by direction exclude or restrict access by virtue of section 2(1) in relation to any land during a specified period if the authority are satisfied—

(a)that, by reason of any exceptional conditions of weather or any exceptional change in the condition of the land, the exclusion or restriction under this section of access to the land by virtue of section 2(1) to the extent provided by the direction is necessary for the purpose of fire prevention, or

(b)that, by reason of anything done, or proposed to be done, on the land or on adjacent land, the exclusion or restriction under this section of access to the land by virtue of section 2(1) to the extent provided by the direction is necessary for the purpose of avoiding danger to the public.

[F1(1A)Subsection (1)(a) does not apply in relation to land which is coastal margin if it is—

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

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

(2)The reference in subsection (1) to a specified period includes a reference to—

(a)a specified period in every calendar year, and

(b)a period which is to be—

(i)determined by a specified person in accordance with the direction, and

(ii)notified by him to the relevant authority in accordance with regulations under section 32(1)(d).[F2, and

(c)in the case of a direction relating to land which is coastal margin, a period which is to be determined by a specified person in accordance with the direction and, where the direction so requires, notified to the relevant authority by the specified person in accordance with the direction.]

(3)The relevant authority may exercise their powers under subsection (1) on the application of any person interested in the land, or without any such application having been made.

(4)In determining on an application made by a person interested in the land whether the condition in subsection (1)(a) or (b) is satisfied, the relevant authority shall have regard to—

(a)the existence of the right conferred by section 22,

(b)the extent to which the applicant has exercised or proposes to exercise that right, and

(c)the purposes for which he has exercised or proposes to exercise it.

(5)Where an application under this section relates to land which is not access land at the time when the application is made, the relevant authority shall not give a direction under this section unless they are satisfied that it is likely that the land will be access land during all or part of the period to which the application relates.

[F3(6)Nothing in subsection (4) or (5) applies in relation to land which is coastal margin.

(7)In this section—