Schedule 20: Establishment and Maintenance of English Coastal Route Etc
Extension of Chapter 3 of Part 1 of the CROW Act
1023.Paragraph 1 provides for the powers of access authorities in relation to means of access to access land set out in Chapter 3 of Part 1 of the CROW Act to be exercisable by Natural England for the purposes of the coastal access duty. Paragraph 1(1) makes the Chapter 3 powers apply additionally to land over which the coastal route passes which falls under any of the enactments set out in section 15 of the CROW Act.
Agreements relating to establishment and maintenance of the route
1024.Paragraph 2 provides for Natural England to enter into an agreement with the owner or occupier of any land where it thinks it appropriate for works to be carried out in order to meet its coastal access duty, as set out in section 296. Sub-paragraph (2) enables the access authority to enter into a similar agreement. Sub-paragraph (3) defines the types of works that the agreement may include, including clearance or maintenance, the removal of an obstruction to the route, clearance or maintenance to enable the public to enter or remain on land on a bicycle or on horseback (where a general restriction under Schedule 2 to the CROW Act has been removed or relaxed), drainage or levelling, or the construction of a barrier.
1025.Sub-paragraph (4) enables the works to be carried out by either the owner or occupier or by a contracting authority (which is defined in sub-paragraph (8) as being either Natural England or the access authority), and allows a contracting authority to make a contribution towards the costs of the works under the agreement if the works are carried out by the owner or occupier.
1026.Sub-paragraphs (5) and (6) enable a notice to be given by the contracting authority to the owner or occupier, if the owner or occupier required by the agreement to carry out the works fails to carry them out. Sub-paragraph (6) requires the contracting authority to give at least 21 days’ notice before taking steps to carry out the works.
1027.Sub-paragraph (7) enables the contracting authority to recover the costs of any works where a notice under sub-paragraph (6) has been given.
Establishment and maintenance of route in absence of agreement
1028.Sub-paragraphs (1) to (3) of paragraph 3 enable Natural England or the access authority, to give notice of its intention to carry out works as set out in paragraph 2(2) that it considers necessary to enable Natural England to meet its coastal access duty (as set out in section 296) on any land, where it is unable to conclude an agreement under paragraph 2.
1029.Sub-paragraph (4) requires a period of not less than 21 days’ notice to be given to the owner or occupier before any works may be carried out.
1030.Sub-paragraph (5) requires that the notice given to the owner or occupier must provide details of how an appeal against the notice may be made.
1031.Sub-paragraph (6) requires the notice to be given to each owner or occupier of any land to which the notice refers.
1032.Sub-paragraph (7) enables Natural England or the access authority to take steps to carry out the works if any of the required works have not been carried out before the end of the period specified in the notice. Sub-paragraph (8) provides that it must have regard to the requirements of efficient management of the land in deciding how to carry out the works.
Appeals relating to notices under paragraph 3
1033.Paragraph 4 provides for appeals to be made against a notice given under paragraph 3, which relates to works to be carried out in relation to the establishment and maintenance of the route in the absence of an agreement. Sub-paragraph (1) enables the person given that notice, or any other owner or occupier of the land to which the notice relates, to appeal to the Secretary of State.
1034.Sub-paragraph (2) sets out the grounds on which an appeal may be made. These are: that the notice requires the carrying out of works which are not necessary, that the works have already been carried out, or that the period specified in the notice after which Natural England or the access authority are to take steps to carry out the works is too short. Sub-paragraph (3)(a) allows the Secretary of State, where an appeal has been made, to confirm the notice (with or without modifications) and sub-paragraph (3)(b) allows him to cancel the notice.
1035.Sub-paragraph (4) provides for sections 7 and 8 of, and Schedule 3 to, the CROW Act to apply to an appeal made under this section. Those provisions, among other things, enable the Secretary of State to cause an appeal to take the form of a hearing and to delegate functions relating to appeals.
1036.Sub-paragraph (5) allows the Secretary of State to make regulations as to the period and manner in which appeals may be made, the advertising of such an appeal and the manner in which appeals are to be considered.
1037.Sub-paragraph (6) says that, where an appeal has been made, neither Natural England nor an access authority may exercise any of its functions relating to paragraph 3 until the appeal is determined by the Secretary of State or withdrawn.
Power for Natural England to fund works
1038.Paragraph 5 provides for Natural England to meet or contribute to the costs of any works of a kind which could be the subject of an agreement reached by either Natural England or an access authority under paragraph 2, or an agreement under section 35 of the CROW Act where it is exercised for the purposes of the coastal access duty.
Erection and maintenance of notices and signs
1039.Paragraph 6 allows Natural England to put up and maintain certain notices or signs on land over which the route passes and land which is accessible to the public by virtue of an order under section 3A of the CROW Act. Sub-paragraph (2) provides that notices or signs may identify or provide information about the route, warn the public of obstacles or hazards along the route or be any other notices or signs relating to the coastal route. Sub-paragraph (3) provides that Natural England must consult the owner and lawful occupier of land before erecting a notice or sign. Sub-paragraph (4) allows Natural England to meet or contribute towards the costs to others of erecting such notices and signs. Sub-paragraph (5) allows Natural England to delegate its powers under this section to the access authority.
1040.Sub-paragraph (6) provides that this paragraph does not apply in relation to a highway over which there are rights for mechanically propelled vehicles, or a footway (for example, a pavement) which forms part of such a right of way. The effect of this is that the powers in the paragraph may be used on footpaths, bridleways and restricted byways but not on highways over which there are rights to drive mechanically propelled vehicles, or footways attached to such highways. Sub-paragraph (7) defines “mechanically propelled vehicles” and “footways” for the purposes of sub-paragraph (6). The term “mechanically propelled vehicle” when used in this context does not include electrically assisted pedal cycles.
1041.Paragraph 7 amends section 19 of the CROW Act to give Natural England the same powers as the access authority with regard to notices indicating the boundaries of access land where that land is coastal margin.
Removal of notices and signs
1042.Paragraph 8 allows Natural England and an access authority, where authorised by Natural England, to remove a notice or sign relating to the coastal margin which was erected under paragraph 6 or erected under section 19 of the CROW Act. Sub-paragraph (3) requires a person removing a sign or notice to consult, as far as reasonably practicable, the owner and, if different, the lawful occupier of the land before removing a notice or sign.
1043.Sub-paragraph (4) enables Natural England to meet or contribute towards the costs to others of removing notices and signs of a kind that could have been erected under paragraph 6 or, in relation to land which is coastal margin, under section 19 of the CROW Act.
Powers of entry
1044.Paragraph 9 provides for powers of entry. Sub-paragraph (1) sets out the purposes for which a person authorised by Natural England may enter any land. These are: for surveying that or any other land in preparing a report containing proposals for the coastal route; considering representations made in respect of a report; determining how to treat a river estuary under section 301, and advising the Secretary of State in relation to the power to specify islands under section 300. Sub-paragraph (2) sets out purposes for which a person authorised by either Natural England or the access authority may enter any land. These are: for determining whether any works are necessary under paragraph 2(3) of this Schedule; for the purpose of carrying out any works (relating to means of access for the purpose of the coastal access duty and to establishment and maintenance of the coastal route) under section 35(2)(a) of the CROW Act, under paragraph 2(6) or paragraph 3(7), or under 36(1) or (5) or 37(5) of the CROW Act; to determine whether the public is able to exercise rights of access with regard to the coastal route on land subject to section 15 of the CROW Act; for the purposes of an appeal made against a notice made under paragraph 4; and for the purposes of erecting, maintaining or removing a notice or sign under paragraphs 6 or 8 or, as regards land which is coastal margin, under section 19 of the CROW Act.
1045.Sub-paragraph (3) provides for the provisions in section 40(5) to (7), (9) and (10) of the CROW Act, which apply to the exercise of powers of entry and rights under section 40 of that Act, also to apply in relation to a person exercising the powers of entry and other rights conferred by this paragraph.
1046.Sub-paragraph (4) has the effect of applying the powers relating to compensation under section 41 of the CROW Act to a body by which an authorisation may be given under this section.
1047.Sub-paragraph (5)(a) provides that where a person authorised to enter land is to carry out any works under sub-paragraphs (2)(b) or (c), either a notice has to have been given to the occupier under paragraph 2(6) or under sections 36 or 37 of the CROW Act or at least 7 days’ notice must be given to the occupier before the person may enter the land. The effect of this is to ensure that where notice has been given to the owner (who is not also the occupier) of land under paragraph 2(6) or under sections 36 or 37 of the CROW Act then the occupier of land is given at least 7 days’ notice. Sub-paragraph (5)(b) provides that in any other case, where a power of entry is exercised under this paragraph at least 24 hours’ notice must be given to the occupier unless it is not reasonably practicable to give such notice.
Interpretation of Schedule
1048.A number of definitions are provided in paragraph 10 for words and expressions used in this Schedule.
