This Order may be cited as the Access to the Countryside (Coastal Margin) (Portsmouth to South Hayling) Order 2025 and comes into force on the day after the day on which it is made.
The Access to the Countryside (Coastal Margin) (Portsmouth to South Hayling) Order 2025
Published: Wed 12th Nov 25
This Order, made by the Secretary of State under powers derived from the Countryside and Rights of Way Act 2000, formally appoints 12th November 2025 as the day the access preparation period ends for the coastal margin associated with the England Coast Path route covering Portsmouth to South Hayling, referencing previous approvals of Natural England’s inspection reports.
Arguments For
Establishes a clear, definitive date for the end of the access preparation period, providing certainty for landowners, local authorities, and the public regarding public rights of access along this specific coastal section.
Formalizes and implements long-standing proposals (approved by the Secretary of State) related to the England Coast Path, fulfilling obligations under the Countryside and Rights of Way Act 2000 and related legislation concerning coastal access rights.
Ensures the completion of necessary preparatory work (implied by the 'access preparation period') before the new public rights of access to the coastal margin take full effect in the specified geographical area.
Arguments Against
The determination of a fixed end date potentially imposes new, immediate public access rights onto private land (the coastal margin) without providing an opportunity for further negotiation or review on specific local access arrangements.
Implementation relies on prior approvals made in 2017 and 2024 based on reports; if current local conditions have changed significantly since those reports, the appointed date may be premature or challenged on practical grounds.
Creating a specific order for a defined stretch (Portsmouth to South Hayling) while other stretches await similar orders demonstrates an incremental approach that may lead to uneven public access availability across the entire coastline.
The Secretary of State makes this Order in exercise of the powers conferred by section 3A(10) of the Countryside and Rights of Way Act 2000.
The Secretary of State formally issues this legal instruction using the specific powers granted under Section 3A(10) of the Countryside and Rights of Way Act 2000.
Citation and commencement and interpretation1.
(1)
(2)
In this Order—
(3)
“the Act” means the National Parks and Access to the Countryside Act 1949;
(4)
“the relevant approvals” means the approval, by the Secretary of State under section 52(1) of the Act, of the proposals contained in the—
(a)
England Coast Path Portsmouth to South Hayling Chapter 1, Old Portsmouth to Eastney report on 6th March 2024;
(b)
England Coast Path Portsmouth to South Hayling Chapter 2, Eastney to Langstone report on 6th March 2024;
(c)
England Coast Path Portsmouth to South Hayling Chapter 3, Langstone to South Hayling report on 6th March 2024.
(5)
“the relevant reports” means the reports submitted by Natural England to the Secretary of State under sections 51 and 55A of the Act on 19th July 2017 entitled—
(a)
England Coast Path Portsmouth to South Hayling Chapter 1, Old Portsmouth to Eastney;
(b)
England Coast Path Portsmouth to South Hayling Chapter 2, Eastney to Langstone;
(c)
England Coast Path Portsmouth to South Hayling Chapter 3, Langstone to South Hayling.
Article 1 sets out the administrative details and definitions for the Order.
The Order is officially named the Access to the Countryside (Coastal Margin) (Portsmouth to South Hayling) Order 2025 and takes legal effect the day following its creation.
"The Act" refers to the National Parks and Access to the Countryside Act 1949, which provides the underlying framework. "The relevant approvals" are the Secretary of State's approvals given under section 52(1) of the Act concerning three specific reports covering Chapters 1, 2, and 3 of the England Coast Path proposals for the Portsmouth to South Hayling section, dated 6th March 2024.
"The relevant reports" are the original three reports submitted by Natural England in July 2017 that outline the detailed coastal access proposals for the same three chapters.
End of access preparation period2.
In relation to land which is coastal margin, as a result of the relevant approvals of the proposals contained in the relevant reports, the day appointed as the day on which the access preparation period ends, is 12th November 2025.
Article 2 establishes the key date for this legislation.
It sets 12th November 2025 as the date when the 'access preparation period' concludes for land defined as coastal margin.
This designation of a cessation date is based on the Secretary of State having approved the proposals originally detailed in the relevant reports concerning the stretch between Portsmouth and South Hayling.
Hayman of Ullock
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
This section records the enactment details.
The Order was signed by the Parliamentary Under Secretary of State, Hayman of Ullock, representing the Department for Environment, Food and Rural Affairs (DEFRA) on 11th November 2025.
EXPLANATORY NOTE
(This note is not part of the Order)
This Order appoints the day on which the access preparation period ends in relation to land which is coastal margin as a result of the approval by the Secretary of State of Natural England’s proposals contained in reports relating to coastal access along the long-distance route between Portsmouth to South Hayling. Copies of the Secretary of State’s notices of approval are available at www.gov.uk and may also be obtained by writing to the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London SW1 4DF.
An impact assessment has not been prepared in respect of this Order because the assumptions underlying the Order were reflected in the impact assessment which was prepared for the Marine and Coastal Access Act 2009 (c. 23). It is available at www.gov.uk, or may be obtained by writing to the Commons and Access Implementation Team at the Department for Environment, Food and Rural Affairs at the address given above.
The Explanatory Note, which is not legally part of the Order, clarifies the purpose: setting the date for the end of the preparation period related to coastal margin access following the approval of Natural England's plans for the Portsmouth to South Hayling coastal path section.
It states where copies of the approval notices can be found.
It further explains that a new impact assessment was not generated because the necessary assessment groundwork was completed when the Marine and Coastal Access Act 2009 was established and enacted.
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