Textual Amendments
F1Sch. 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)
11(1)Where a determination is made in respect of an objection under paragraph 10(2), the appointed person must give the Secretary of State a report which—E+W
(a)sets out that determination, and
(b)makes one or more recommendations in accordance with this paragraph.
(2)Sub-paragraph (3) applies if the appointed person concludes under paragraph 10(2) that the proposals do not fail, in the respects specified in the objection, to strike a fair balance as a result of any of the matters within paragraph 3(3)(a) to (f) specified in the objection.
(3)The appointed person must recommend that the Secretary of State makes a determination to that effect.
(4)Sub-paragraphs (5) and (7) apply if the appointed person concludes that the proposals fail, in the respects (or certain of the respects) specified in the objection, to strike a fair balance as a result of one or more of the matters within paragraph 3(3)(a) to (f) specified in the objection.
(5)The appointed person must determine whether there are any modifications of the proposals which would meet the coastal access requirements.
(6)For the purposes of this paragraph, modifications meet the coastal access requirements if they—
(a)remedy the failure to strike a fair balance identified by the objection, and
(b)produce proposals which satisfy the requirements of paragraph 3(6).
(7)The appointed person must—
(a)recommend that the Secretary of State determines that the proposals fail, in one or more of the respects specified in the objection, to strike a fair balance but that there is no modification which would satisfy the coastal access requirements,
(b)recommend that, if minded to approve the proposals, the Secretary of State approves the proposals with modifications of a kind described in the recommendation, being modifications which the appointed person considers would meet the coastal access requirements, or
(c)recommend that, if minded to approve the proposals, the Secretary of State considers whether modifications of a kind described in the recommendation would meet the coastal access requirements.
(8)Where a report contains a recommendation under sub-paragraph (7)(a), the appointed person may include in the report—
(a)a recommendation that, if minded to approve the proposals, the Secretary of State should approve the proposals with modifications of a kind described in the recommendation, being modifications which the appointed person considers would mitigate the effects of the failure to strike a fair balance, or
(b)a recommendation that, if minded to approve the proposals, the Secretary of State should consider whether modifications of a kind described in the recommendation would mitigate the effects of the failure to strike a fair balance.
(9)Sub-paragraph (10) applies where, in a case to which sub-paragraph (4) applies, the appointed person also determines that the proposals do not fail, in the respects (or certain of the respects) specified in the objection, to strike a fair balance by reason of one or more of the matters within paragraph 3(3)(a) to (f) specified in the objection.
(10)The appointed person must recommend that the Secretary of State makes a determination to that effect (in addition to any recommendation under sub-paragraph (7) or (8)).
(11)A report under this paragraph must also set out the appointed person's reasons for any recommendation contained in the report.]