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Marine and Coastal Access Act 2009

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Changes over time for: Cross Heading: Agreements relating to establishment and maintenance of route

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Agreements relating to establishment and maintenance of routeE+W

2(1)Where, in respect of any land, it appears to Natural England that it is appropriate for works within sub-paragraph (3) to be carried out for the purposes of the coastal access duty, Natural England may enter into an agreement with the owner or occupier of the land as to the carrying out of the works.E+W

(2)Where, in respect of any land, it appears to the access authority in relation to that land that it is appropriate for works within sub-paragraph (3) to be carried out for the purpose of assisting Natural England to discharge the coastal access duty, the access authority may enter into an agreement with the owner or occupier of the land as to the carrying out of the works.

(3)The works within this sub-paragraph are—

(a)the clearance or maintenance of land for the purpose of facilitating the use of the English coastal route by the public for journeys on foot;

(b)the removal, for that purpose, of any obstruction of the route;

(c)the clearance or maintenance of land which is coastal margin for the purpose of facilitating the exercise by the public of any right to enter or remain on the land on a bicycle or on horseback which is conferred by section 2(1) of the CROW Act (by virtue of the removal or relaxation of any of the general restrictions in Schedule 2 to that Act);

(d)the drainage or levelling of land, or the improvement of its surface, for the purpose mentioned in paragraph (a) or, if the land is coastal margin, the purpose mentioned in paragraph (c);

(e)the construction, removal, repair or improvement of any wall, rail, fence or other barrier or any posts, or the planting of any hedge.

(4)An agreement under this paragraph may provide—

(a)for the carrying out of works by the owner or occupier or by the contracting authority, and

(b)for the making of payments by the contracting authority as a contribution towards, or for the purpose of meeting, costs incurred by the owner or occupier in carrying out any works for which the agreement provides.

(5)Sub-paragraph (6) applies if the owner or occupier of any land fails to carry out within the required period any works which the owner or occupier is required by an agreement under this paragraph to carry out.

(6)The contracting authority may take all necessary steps for carrying out the works, but it may do so only after giving at least 21 days' notice of its intention to do so to the owner or occupier required by the agreement to carry out the works.

(7)Where the contracting authority carries out any works by virtue of sub-paragraph (6), the authority may recover the relevant expenses from the person by whom, under the agreement, the cost of carrying out the works (after deduction of the authority's contribution) would fall to be borne.

(8)In this paragraph—

  • contracting authority” means—

    (a)

    in relation to an agreement under sub-paragraph (1), Natural England, and

    (b)

    in relation to an agreement under sub-paragraph (2), the access authority by which the agreement is made;

  • relevant expenses”, in relation to works carried out under sub-paragraph (6) by a contracting authority, means the amount of any expenses reasonably incurred by the authority in carrying out the works, reduced by its contribution under the agreement;

  • the required period” means—

    (a)

    the period specified in, or determined in accordance with, the agreement as that within which the works must be carried out, or

    (b)

    if there is no such period, a reasonable period.

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