National Parks and Access to the Countryside Act 1949

[F1 6 (1) Where Natural England is notified under paragraph 5(b) that an objection is an admissible objection, it must send to the Secretary of State its comments on the objection. E+W

(2) A notice under paragraph 5(b) that an objection is an admissible objection may require Natural England to include in its comments under sub-paragraph (1)—

(a) either—

(i) an outline of any relevant alternative modifications of the proposals in the coastal access report, or

(ii) if Natural England considers there are no such modifications, a statement to that effect;

(b) if an outline is included under paragraph (a)(i), an assessment of the effects of the relevant alternative modifications on the interests of the public in having rights of access over land and the interests of any person with a relevant interest in affected land;

(c) either—

(i) an outline of any relevant rejected proposals which were considered by Natural England in connection with the preparation of the coastal access report and of its reasons for rejecting them, or

(ii) if there are no such proposals, a statement to that effect;

(d) information of such other description as the appointed person may specify in the notice under paragraph 5(b), being information which the appointed person considers to be material for the purpose of making a determination under paragraph 10(2).

(3) In this paragraph, a reference to relevant alternative modifications of the proposals is to modifications of the proposals which Natural England considers—

(a) might reasonably be regarded as relevant for the purpose of determining—

(i) whether, in the respects identified in the objection, the proposals in the report strike a fair balance, or

(ii) whether any modification of those proposals would produce proposals that strike a fair balance or mitigate the effects of any failure to strike a fair balance,

(b) are materially different from any modifications included in the objection under paragraph 3(5), and

(c) would, if made, result in proposals which satisfy the requirements of paragraph 3(6)(a) and (c).

(4) In this paragraph, a reference to relevant rejected proposals is to proposals which, if to be given effect to, would require modifications to be made of the proposals in the coastal access report which—

(a) are materially different from—

(i) any modifications included in the objection under paragraph 3(5), and

(ii) any relevant alternative modifications outlined in Natural England's comments on the objection, and

(b) would be relevant alternative modifications but for a failure to satisfy the requirement of paragraph 3(6)(a).]

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)