National Parks and Access to the Countryside Act 1949

[F1 10 (1) This paragraph applies where the appointed person— E+W

(a) has determined that an objection about a coastal access report is an admissible objection, and

(b) has received, under paragraph 9, the relevant documents in relation to the objection.

(2) The appointed person must determine whether the proposals set out in the report fail, in the respects specified in the objection, to strike a fair balance as a result of the matter or matters within paragraph 3(3)(a) to (f) specified in the objection.

(3) If the appointed person is minded to determine that the proposals fail to strike a fair balance, the appointed person must comply with sub-paragraphs (4) and (5) before making such a determination.

(4) The appointed person must publish a notice containing—

(a) details of the objection and Natural England's comments on it under paragraph 6,

(b) a statement that the appointed person is minded to determine that the proposals fail to strike a fair balance, and

(c) an invitation to submit to the appointed person representations about—

(i) the objection (including any modifications of the proposals proposed by the objection),

(ii) any relevant alternative modifications contained in Natural England's comments on the objection under paragraph 6, and

(iii) any observations which the appointed person has made in the notice regarding any such relevant alternative modifications or any modifications proposed by the objection.

(5) The appointed person must give a copy of that notice to—

(a) Natural England;

(b) any person with a relevant interest in—

(i) affected land to which the objection relates, or

(ii) land which is not affected land but would be such land if any of the modifications referred to in sub-paragraph (4)(c)(i) or (ii) were made to the proposals;

(c) any person within paragraph 2(2)(b) to (f).

(6) The Secretary of State may by regulations make provision about—

(a) the form and manner in which notices are to be published or given under this paragraph,

(b) the timing of the publication or giving of notices under this paragraph, and

(c) the form and manner in which, and period within which, representations are to be made in response to an invitation in a notice under this paragraph.

(7) The appointed person may require the Secretary of State, at the Secretary of State's expense—

(a) to discharge the appointed person's duty to publish or give a notice under this paragraph;

(b) to receive on behalf of the appointed person any representations made in response to an invitation in a notice under this paragraph and forward such representations to the appointed person.]

Textual Amendments

F1 Sch. 1A inserted (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d)(2)(d), Sch. 19 (with s. 308)