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The Access to the Countryside (Coastal Margin) (Weymouth Bay) Order 2012

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under section 3A(10) of the Countryside and Rights of Way Act 2000 (c. 37) (“the CROW Act”). It applies in relation to land in England only.

The Order appoints the date on which the access preparation period ends in relation to land which is coastal margin as a result of the approval by the Secretary of State of Natural England’s proposals contained in a report under sections 51 and 55A of the National Parks and Access to the Countryside Act 1949 (c. 97) (“the 1949 Act”) (“coastal access report). The coastal access report in question relates to the long-distance route known as Weymouth Bay, which runs from Rufus Castle, Portland to Lulworth Cove.

Until the end of the access preparation period (defined in section 3A(10) of the CROW Act), the right of access under section 2(1) of the CROW Act does not apply to land which, by virtue of an order made under section 3A(1) of that Act, becomes coastal margin as a result of the Secretary of State’s approval under section 52(1) of the 1949 Act of a coastal access report (see section 3A(6) of the CROW Act).

The Access to the Countryside (Coastal Margin) (England) Order 2010 (SI 2010/558), made under section 3A(1) of the CROW Act, provides that land is coastal margin if amongst other things it is land over which the line of an approved section of the English coastal route (i.e. a route in “relevant approved proposals”) passes; land seaward of that line (as far as the seaward extremity of the foreshore); or land otherwise adjacent to and within 2 metres of that line; and taken as a whole the land within these descriptions is coastal land (defined in section 3(3) of the CROW Act as (a) the foreshore; and (b) land adjacent to the foreshore (including in particular any cliff, bank, barrier, dune, beach or flat which is adjacent to the foreshore)). (The term “relevant approved proposals” is defined in section 3A(10) of that Act as “approved proposals relating to a long-distance route” (an expression in turn to be construed in accordance with sections 52(3) and 55(4) of the 1949 Act), being a route “which is or forms part of the English coastal route”.)

On 22nd March 2011 Natural England submitted to the Secretary of State its coastal access report (entitled Coastal Access Weymouth Bay) setting out the proposals for a long-distance route from Rufus Castle, Portland to Lulworth Cove. The Secretary of State approved this report, with modifications, on 26th January 2012.

A copy of this report and the Secretary of State’s notice of approval are available online at: http://www.defra.gov.uk/rural/countryside/access/.

A separate Impact Assessment has not been prepared in respect of this Order because the assumptions underlying the Order were reflected in the Impact Assessment which was prepared for the Marine and Coastal Access Act 2009. It may be found at www.defra.gov.uk.

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