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The Coastal Access Reports (Consideration and Modification Procedure) (England) Regulations 2010

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Consultation by the Secretary of State on possible modifications

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10.—(1) This regulation applies where, as contemplated in paragraph 15(1)(b) of the Reports Schedule, the Secretary of State wishes to consult persons for the purposes of identifying or investigating a possible modification of the proposals in a report (a “possible modification”).

(2) The Secretary of State must consult—

(a)in all cases—

(i)Natural England,

(ii)any person with a relevant interest in land which is not affected land(1) but would be such land if the possible modification were made to the proposals, and

(iii)any person with a relevant interest in affected land whom the Secretary of State thinks it appropriate to consult; and

(b)where any person has made an objection in connection with which the Secretary of State wishes to identify or investigate the possible modification—

(i)that person, and

(ii)any other person with a relevant interest in relevant land.

(3) For the purpose of determining whether land would be affected land for the purposes of paragraph (2)(a)(ii), in section 55J(1) of the 1949 Act—

(a)in paragraph (a) of the definition of “affected land” and paragraph (a) of the definition of “relevant coastal margin”, “the proposals” is taken to mean the proposals as modified by the possible modification;

(b)and, accordingly, the words “(without modifications)” in paragraph (a) of the definition of “relevant coastal margin” are taken to be omitted.

(1)

See section 55J(1) of the 1949 Act for the meaning of “affected land” and section 55J(2) for the meaning of “relevant interest”. Section 55J was inserted by section 302(1) of the Marine and Coastal Access Act 2009 (c. 23).

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