The Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011

• Citation: S.I. 2011/2021
• Sections: 27

Section 1 Title, commencement and application

(1) These Regulations may be cited as the Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011 and come into force on 1st October 2011.

(2) These Regulations apply in relation to England only.

Section 2 Amendments to the Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003

The Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003 are amended as follows.

Section 3 Amendment to regulation 2

In regulation 2 (general interpretation), in paragraph (1), omit—

“the Agency” means the Countryside Agency;

Section 4 Amendment to regulation 6

In regulation 6 (applications for a direction under section 24 or 25)—

(a) in paragraph (1)—

(i) in sub-paragraph (f), omit “and”;

(ii) in sub-paragraph (g), at the end, for the full stop substitute “; and”; and

(iii) after paragraph (1)(g) add—

(h) whether the land is coastal margin;

(b) after paragraph (2) add—

(3) Paragraphs (4) to (7) apply where an application referred to in paragraph (1) relates to land which is coastal margin.

(4) Where the proposed direction would authorise a specified person to exclude or restrict access to land in a manner specified in the direction, the application must state—

(a) the name of the specified person, and

(b) the manner in which access may be excluded or restricted by the specified person.

(5) Where the proposed direction would authorise a specified person to exclude or restrict access to such part or parts of the land as may be determined in accordance with the direction, the application must state—

(a) the name of the specified person, and

(b) the manner in which the part or parts of the land to which access may be excluded or restricted is to be determined by the specified person.

(6) Where the period in the proposed direction is to be determined by a specified person, the application must state—

(a) the name of the specified person, and

(b) the manner in which the specified period may be determined by the specified person.

(7) The application must include the names of any person who —

(a) is an owner of the land,

(b) holds a term of years absolute in the land, or

(c) is in lawful occupation of the land.

Section 5 Amendment to regulation 7

In regulation 7 (notices relating to periods during which exclusions or restrictions are to apply)—

(a) in paragraph (1)—

(i) after “25”, insert “, 25A”;

(ii) after “relevant person,” where it first appears, insert—

“where the direction so requires,”;

in paragraph (4)(a), after “for the direction” insert “or, if a person is specified in the direction, that person”; and

in paragraph (4)(b), after “25” insert “, 25A”.

Section 6 Amendment to regulation 9

In regulation 9 (consultation on proposals for long-term exclusions or restrictions) —

(a) in paragraph (1), for paragraphs (a) and (b) substitute—

a copy of the notice referred to in paragraph (3)

(b) in paragraph (3)—

(i) after “25”, insert “, 25A”;

(ii) for sub-paragraph (c) substitute—

(c) states how copies of documents relating to the proposed direction may be obtained;

(iii) in sub-paragraph (d), at the end, for the full stop substitute “; and”; and

(iv) after sub-paragraph (d) add—

(e) includes the information specified in regulation 6(1)(b) to (h)

(c) in paragraph (5)(a), after “25”, insert “, 25A”.

Section 7 Amendment to regulation 11

In regulation 11(notification by relevant authorities of directions and decisions), in paragraph (b), for “section 26” substitute “section 25A or 26”.

Section 8 Amendment to regulation 14

In regulation 14 (reviews of directions), after “25” insert “, 25A”.

Section 9 Amendment to regulation 15

In regulation 15 (consultation on reviews by relevant authorities of directions excluding or restricting access on a long-term basis), in paragraph (1), for “section 24, 25 or 26” substitute “section 24, 25, 25A or 26”.

Section 10 Amendment to regulation 17

In regulation 17 (informing the public of exclusions or restrictions)—

(a) in paragraph (1)(b), after “25” insert “, 25A”;

(b) in paragraphs (1) and (2), for “The Agency” substitute “Natural England”;

(c) in paragraph (3), after “25” insert “, 25A”; and

(d) in paragraphs (3), (4) and (5) (in each place where it occurs), for “the Agency” substitute “Natural England”.

Section 11 Amendment to regulation 19

In regulation 19 (interpretation), after the definition of “questionnaire”, insert—

“relevant website” means a website maintained by the Secretary of State for purposes which include making available for inspection certain notices, decisions and notifications relating to an appeal under this Part;

Section 12 Amendment to regulation 23

In regulation 23 (notification of start of appeal etc ), in paragraph (3), for “website maintained by the Planning Inspectorate Executive Agency” substitute “relevant website”.

Section 13 Amendment to regulation 29

In regulation 29 (site inspections (appeals to be determined on the basis of written representations)), in paragraph (1), omit “; and the Secretary of State shall arrange for such an inspection to be made if so requested by the appellant or the relevant authority”.

Section 14 Amendment to regulation 31

In regulation 31 (notification of decision), for “website maintained by the Planning Inspectorate Executive Agency” substitute “relevant website”.

Section 15 Amendment to regulation 32

In regulation 32 (date and notification of hearing), in paragraph (6), for “the Planning Inspectorate Executive Agency makes a copy of such notice available for inspection on a website which it maintains” substitute “a copy of such notice is available for inspection on a relevant website”.

Section 16 Amendment to regulation 37

In regulation 37 (site inspections (appeals determined by way of a hearing)), in paragraph (2), omit “; and the inspector shall arrange to make such an inspection if requested to do so by the appellant or the authority at any time before or during the hearing in relation to an appeal”.

Section 17 Amendment to regulation 40

In regulation 40 (notification of decision - appeals determined by the Secretary of State), in paragraph (6), for “the website maintained by the Planning Inspectorate Executive Agency” substitute “a relevant website”.

Section 18 Amendment to regulation 41

In regulation 41 (notification of decision – transferred appeals), in paragraph (5), for “website maintained by the Planning Inspectorate Executive Agency” substitute “relevant website”.

Section 19 Amendment to regulation 45

In regulation 45 (date and notification of inquiry) in paragraph (6), for “the Planning Inspectorate Executive Agency makes a copy of such notice available for inspection on a website which it maintains” substitute “a copy of such notice is available for inspection on a relevant website”.

Section 20 Amendment to regulation 51

In regulation 51 (site inspections (appeals to be determined by way of an inquiry)), in paragraph (1), omit “; and the inspector shall arrange to make such an inspection if so requested by the appellant or the relevant authority before or during the inquiry in relation to an appeal”.

Section 21 Amendment to regulation 54

In regulation 54 (notification of a decision - appeals determined by the Secretary of State), in paragraph (6), for “the website maintained by the Planning Inspectorate Executive Agency” substitute “a relevant website”.

Section 22 Amendment to regulation 55

In regulation 55 (notification of decision-transferred appeals), in paragraph (5)—

(i) for “state” substitute “State”; and

(ii) for “the website maintained by the Planning Inspectorate Executive Agency” substitute “a relevant website”.

Section 23 Amendment to regulation 57

In regulation 57 (arrangement and notification of hearing), in paragraph (c), for “website maintained by the Secretary of State” substitute “relevant website”.

Section 24 Amendment to regulation 61

In regulation 61 (notification of decision- appeals determined by the Secretary of State) in paragraph (2), for “the website maintained by the Planning Inspectorate Executive Agency” substitute “a relevant website”.

Section 25 Amendment to regulation 62

In regulation 62 (notification of decision- transferred appeals), in paragraph (2), for “the website maintained by the Planning Inspectorate Executive Agency” substitute “a relevant website”.

Section 26 Amendment to regulation 64

In regulation 64 (changes of procedure), in paragraph (2)(b), for “website maintained by the Planning Inspectorate Executive Agency” substitute “relevant website”.

Section 27 Amendment to regulation 68

In regulation 68 (changes of procedure), in paragraph (5)(a)(ii), for “website maintained by the Planning Inspectorate Executive Agency” substitute “relevant website”.