Part IVE+W Public Rights of Way

Long-Distance RoutesE+W

[F155BRoute subject to erosion etcE+W

(1)This section applies in relation to a report under section 51 prepared pursuant to the coastal access duty.

(2)Where Natural England considers that the area through which the route passes is an area to which subsection (3) applies, the report may set out proposals for the route, or any part of it, to be determined at any time in accordance with provision made in the proposals (rather than as shown on a map).

(3)This subsection applies to an area if it is or may be—

(a)subject to significant coastal erosion or encroachment by the sea, or

(b)subject to significant physical change due to other geomorphological processes.

(4)The provision made by virtue of subsection (2) may, in particular, provide for the route to be determined by reference to the edge of a cliff or boundary of a field (as it exists from time to time).

(5)Where the report contains proposals under subsection (2), the map included in the report in accordance with section 51(2) must show the route as determined, at the time the report is prepared, in accordance with those proposals.

(6)Natural England must consult the Environment Agency before exercising its powers under subsection (2) in respect of an area which is or may be—

(a)subject to significant coastal erosion or encroachment by the sea, or

(b)subject to significant physical change due to other geomorphological processes in relation to which the Agency has functions.]

Textual Amendments

F1Ss. 55A-55J 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), ss. 302(1), 324(1)(c), 324(1)(d), 324(2)(d) (with s. 308)