The Access to the Countryside (Coastal Margin) (Isle of Wight) (No. 3) Order 2026

Published: Wed 9th Sept 26

Designated 9 September 2026 as the date for new public access rights to commence on specific coastal segments of the Isle of Wight.

This Order establishes September 9, 2026, as the date when the access preparation period ends for two specific stretches of the Isle of Wight coast: Binnel Bay to Chilton Chine and Thorness Bay to Gurnard Luck.

By ending this period, the Order triggers public access rights to the coastal margin under the Countryside and Rights of Way Act 2000.

The provisions apply to Natural England, local authorities, and the public, effectively opening these sections of the England Coast Path for recreational use.

Arguments For

The order identifies specific coastal reports for Binnel Bay to Chilton Chine and Thorness Bay to Gurnard Luck that have received Secretary of State approval.
The document states that the appointment of a commencement date is necessary to conclude the access preparation period for these stretches of the England Coast Path.
The explanatory note indicates that the order relies on the legal framework and impact assessments established by the Marine and Coastal Access Act 2009 to extend public access to the coastal margin.

Arguments Against

Legal commentators have previously noted that the designation of coastal margins can impact private land rights, as landward boundaries may be subject to Natural England's discretion in their reports.
Landowners in affected areas such as Binnel Bay or Thorness Bay may raise concerns regarding the specific management of the 'coastal margin' and the extent of the landward spread of access rights.
The order does not provide a new impact assessment, instead referring to the assessment for the 2009 Act, which some parties might argue does not account for specific local changes since that time.

Citation, commencement and interpretation

-(1) This Order may be cited as the Access to the Countryside (Coastal Margin) (Isle of Wight) (No. 3) Order 2026 and comes into force on the day after the day on which it is made.

(2) In this Order-

'the Act' means the National Parks and Access to the Countryside Act 1949;

'the relevant approvals' means the approval, by the Secretary of State under section 52(1) of the Act of each of the proposals contained in the-

(a) England Coast Path Isle of Wight IOW4, Binnel Bay to Chilton Chine report on 6th April 2022;
(b) England Coast Path Isle of Wight IOW8, Thorness Bay to Gurnard Luck report on 5th May 2023;

'the relevant reports' means the reports submitted by Natural England to the Secretary of State under sections 51 and 55A of the Act on 18th March 2020 entitled-

(a) England Coast Path Isle of Wight IOW4, Binnel Bay to Chilton Chine;
(b) England Coast Path Isle of Wight IOW8, Thorness Bay to Gurnard Luck.

This section provides the official name of the order and sets its commencement date as September 9, 2026.

It defines the 'relevant reports' and 'relevant approvals' by referencing specific Natural England coastal access proposals for the Isle of Wight.

These definitions link the legal effect of this order to previously approved plans for the stretches between Binnel Bay and Chilton Chine, and Thorness Bay and Gurnard Luck.

End of access preparation period

2 In relation to land which is coastal margin, as a result of the relevant approvals of each of the proposals contained in the relevant reports, the day appointed as the day on which the access preparation period ends, is 9th September 2026.

This section formally concludes the 'access preparation period' for the specified coastal areas on September 9, 2026.

Under the Countryside and Rights of Way Act 2000, the end of this period is the point at which the public's right of access to the land designated as coastal margin becomes legally effective. It applies to all land identified as coastal margin in the Binnel Bay to Chilton Chine and Thorness Bay to Gurnard Luck reports.

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