Section 55C Alternative routesF1

(1)

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

(2)

The report may include, in relation to the route (“the ordinary route”) or any part of it, a proposal under subsection (3) or (4).

(3)

A proposal under this subsection is a proposal for an alternative route which is to operate as a diversion from the ordinary route, or part, during one or both of the following—

(a)

any specified period (or periods), and

(b)

any period during which access to the ordinary route or part is excluded by reason of a direction under Chapter 2 of Part 1 of the CROW Act (exclusion or restriction of access).

(4)

A proposal under this subsection is a proposal for an alternative route which is to operate as an optional alternative to the ordinary route, or part, during any period for which the ordinary route, or part, might reasonably be regarded as unsuitable for use by reason of—

(a)

flooding,

(b)

the action of the tide,

(c)

coastal erosion or encroachment by the sea, or

(d)

the effect of any other geomorphological process.

(5)

In subsection (3)(a) “specified” means—

(a)

specified in, or determined in accordance with, the proposal, or

(b)

determined in accordance with the proposal by—

(i)

a person specified in the proposal, or

(ii)

a person determined in accordance with the proposal, details of whom are notified to Natural England in accordance with the proposal.

(6)

Sections 51(2) and 55B apply in relation to an alternative route as they apply in relation to the ordinary route.

Annotations

Textual amendments

F1: Ss. 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)