SCHEDULE 1Amendments of Part 1 of the CROW Act

PART 1Excepted land for purposes of Part 1 of the CROW Act

9

In paragraph 14—

a

renumber the existing provision as sub-paragraph (1),

b

before the definition of “building” insert—

  • “approved section of the English coastal route” means a route in relevant approved proposals, other than an official alternative route,

    1. a

      for the definition of “building” substitute—

      • “building”—

        1. a

          includes any structure or erection and any part of a building as so defined, but

        2. b

          does not include any fence or wall, anything which is a means of access as defined by section 34 or, in the case of land which is coastal margin, any slipway, hard or quay;

      and for this purpose “structure” includes any tent, caravan or other temporary or moveable structure;

    2. b

      after that definition insert—

      • “burial ground” means a place which, for the time being, is set apart as a churchyard, cemetery or other ground (whether or not consecrated) in which bodies are interred;

      • “coastal route strip” means—

        1. a

          land over which the line of an approved section of the English coastal route, or an official alternative route, passes, and

        2. b

          subject to sub-paragraph (2), land which is adjacent to and within 2 metres either side of such a line;

    3. c

      after the definition of “development” and “minerals” insert—

      • “official alternative route” has the same meaning as in section 3A;

    4. d

      after the definition of “ploughing” and “drilling” insert—

      • “regulated caravan or camping site” means—

        1. a

          land which is used for the purposes of a caravan site (within the meaning of section 1(4) of the Caravan Sites and Control of Development Act 196012) by virtue of–

          1. i

            a site licence issued under Part 1 of that Act (caravan site licences),

          2. ii

            a certificate issued under paragraph 5 of Schedule 1 to that Act (sites approved by exempted organisations), or

          3. iii

            paragraph 11 of that Schedule (land occupied by a local authority as a caravan site), or

        2. b

          land which is used for the purposes of a site for tents or other moveable dwellings (within the meaning of section 269 of the Public Health Act 193613) by virtue of a licence issued under subsection (1)(i) of that section (disregarding any certificate under subsection (6) of that section which has the effect of a licence);

      • “relevant approved proposals” has the same meaning as in section 3A;

    5. e

      after sub-paragraph (1) add—

      2

      Where relevant approved proposals contain a proposal under section 55D(2)(c) of the National Parks and Access to the Countryside Act 194914 for the landward or seaward boundary of any part of a coastal route strip excluded from a description of excepted land by paragraph 1, 7, 13A or 13C to coincide with a physical feature identified in the proposal, the boundary in question is to coincide with that feature.