The Access to the Countryside (Coastal Margin) (Brean Down to Minehead) Order 2016

Statutory Instruments

2016 No. 213

Countryside, England

The Access to the Countryside (Coastal Margin) (Brean Down to Minehead) Order 2016

Made

23rd February 2016

The Secretary of State, in exercise of the powers conferred by section 3A(10) of the Countryside and Rights of Way Act 2000(1), makes the following Order.

Citation E+W

1.  This Order may be cited as the Access to the Countryside (Coastal Margin) (Brean Down to Minehead) Order 2016.

End of access preparation period E+W

2.—(1) In relation to land which is coastal margin as a result of the relevant approvals, the day appointed as the day on which the access preparation period(2) ends is 14th March 2016.

(2) In paragraph (1), “the relevant approvals” means the approval by the Secretary of State(3)—

(a) on 23rd May 2014 of the original report (under section 52(1) of the National Parks and Access to the Countryside Act 1949(4)); and

(b) on 22nd December 2015 of the variation report (under that section as read with section 55(3) of that Act).

(3) In paragraph (2)—

“the original report” means the report entitled “Coastal Access Brean Down to Minehead” relating to a long-distance route in Somerset, from Brean Down to Minehead, submitted by Natural England to the Secretary of State on 17th October 2013(5) (under sections 51 and 55A of the National Parks and Access to the Countryside Act 1949(6));

“the variation report” means the report entitled “Coastal Access Variation Report VR1 Proposed Changes to the England Coast Path at Dunball Wharf and St. Audries Bay, Somerset” submitted by Natural England to the Secretary of State on 24th September 2015(7) (under section 55(1) of the National Parks and Access to the Countryside Act 1949(8)).

Rory Stewart

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

23rd February 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order appoints the day 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 two reports relating to coastal access along the long-distance route in Somerset which runs from Brean Down to Minehead. Copies of both of the Secretary of State’s notices of approval are available at www.gov.uk, or may be obtained by writing to the Commons and Access Implementation Team at the Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR.

An 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 (c. 23). It is available at www.gov.uk, or may be obtained by writing to the Commons and Access Implementation Team at the Department for Environment, Food and Rural Affairs at the address given above.

(1)

2000 c. 37; section 3A was inserted by the Marine and Coastal Access Act 2009 (c. 23), section 303(5).

(2)

The term “access preparation period” is defined in section 3A(10) of the Countryside and Rights of Way Act 2000.

(3)

The functions of the Secretary of State under sections 51 and 52 of the National Parks and Access to the Countryside Act 1949 (c. 97) were originally vested in the Minister of Town and Country Planning in relation to England and Wales (see section 114(1) of that Act). The Minister of Town and Country Planning was renamed the Minister of Local Government and Planning by the Transfer of Functions (Minister of Health and Minister of Local Government and Planning) (No. 1) Order 1951 (S.I. 1951/142), and was further renamed the Minister of Housing and Local Government by the Minister of Local Government and Planning (Change of Style and Title) Order 1951 (S.I. 1951/1900). The Minister of Land and Natural Resources Order 1965 (S.I. 1965/143) transferred (so far as relevant) the functions of the Minister of Housing and Local Government to the Minister of Land and Natural Resources. The Ministry of Land and Natural Resources was dissolved by the Ministry of Land and Natural Resources (Dissolution) Order 1967 (S.I. 1967/156) and the functions of that Minister (so far as relevant) were transferred to the Minister of Housing and Local Government. The Ministry of Housing and Local Government was dissolved, and the functions of that Minister were transferred to the Secretary of State, by the Secretary of State for the Environment Order 1970 (S.I. 1970/1681).

(4)

1949 c. 97; section 52(1) was amended by the Natural Environment and Rural Communities Act 2006 (c. 16), Schedule 11, Part 1, paragraph 10(f).

(5)

The original report is available at www.gov.uk, or may be obtained by writing to Coastal Access (West Hub), Natural England, Temple Quay House, 2 The Square, Bristol BS1 6EB.

(6)

Section 51 was amended by the Countryside Act 1968 (c. 41), section 21(2), the Local Government Act 1972 (c. 70), Schedule 30, the Environment Act 1995 (c. 25), Schedule 10, paragraph 2(5), the Countryside and Rights of Way Act 2000, Schedule 5, Part 2, paragraph 12 and Schedule 7, paragraph 1, and the Natural Environment and Rural Communities Act 2006, Schedule 11, Part 1, paragraph 10(e). Section 55A was inserted by the Marine and Coastal Access Act 2009, section 302(1).

(7)

The variation report is available at www.gov.uk, or may be obtained by writing to Coastal Access (West Hub), Natural England at the address given in footnote (a).

(8)

Section 55(1) was amended by the Natural Environment and Rural Communities Act 2006, Schedule 11, Part 1, paragraph 10(g).