Schedules

Schedule 20Establishment and maintenance of the English coastal route etc

4Appeals relating to notices under paragraph 3

1

Where a notice under paragraph 3(3) has been given to a person in respect of any land, that person or any other owner or occupier of the land may appeal against the notice to the Secretary of State.

2

An appeal against a notice under paragraph 3(3) may be brought on any of the following grounds—

a

that the notice requires the carrying out of any works which it is not necessary to carry out for the purposes of the coastal access duty;

b

that any of the works have already been carried out;

c

that the period specified in the notice as the period after which steps are to be taken to carry out the works is too short.

3

On an appeal under this paragraph, the Secretary of State may—

a

confirm the notice with or without modifications, or

b

cancel the notice.

4

Sections 7 and 8 of, and Schedule 3 to, the CROW Act have effect in relation to an appeal under this paragraph as they have effect in relation to an appeal under section 6 of that Act.

5

Regulations may make provision as to—

a

the period within which and manner in which appeals under this paragraph are to be brought,

b

the advertising of such appeals, and

c

the manner in which such appeals are to be considered.

6

Where an appeal has been brought under this paragraph against a notice under paragraph 3(3) given by Natural England or an access authority, it may not exercise its powers under paragraph 3(7) pending the determination or withdrawal of the appeal.