King Charles III England Coast Path Expands: Public Access Rights Activated in Coastal Areas

The Access to the Countryside (Coastal Margin) (Aldeburgh to Hopton-on-Sea) (No. 2) Order 2026 (SI 2026/708) marks a significant development in the ongoing implementation of the King Charles III England Coast Path. This Order formally appoints the day on which the access preparation period concludes for specific sections of coastal margin land between Aldeburgh and Hopton-on-Sea. Its commencement signifies the activation of public access rights over these designated areas, enabling recreational journeys along this long-distance route. For legal practitioners, this Order underscores the continued expansion of statutory public access rights under the Marine and Coastal Access Act 2009, necessitating careful consideration of its implications for land ownership, management, and potential liabilities along the affected coastline.

The Access to the Countryside (Coastal Margin) (Aldeburgh to Hopton-on-Sea) (No. 2) Order 2026 (SI 2026/708) represents a crucial administrative step in the progressive establishment of the King Charles III England Coast Path (KCIIIECP). This statutory instrument, made under the powers conferred by the National Parks and Access to the Countryside Act 1949, as amended by the Marine and Coastal Access Act 2009, formally concludes the 'access preparation period' for a designated stretch of coastal margin between Aldeburgh in Suffolk and Hopton-on-Sea in Norfolk. Its effect is to bring into force the public right of access over this land, transforming previously proposed routes into legally accessible pathways and associated coastal areas.

This Order is not an isolated event but forms part of a broader national initiative to create a continuous walking route around the entire English coastline, a project with profound implications for landowners, local authorities, and the public. The Aldeburgh to Hopton-on-Sea stretch, spanning approximately 37 miles (60 km), has been subject to detailed proposals by Natural England, which were subsequently approved by the Secretary of State. The legal framework underpinning this expansion of access is complex, balancing public recreational opportunities with private property rights and environmental protection. This article will delve into the statutory context, analyse the practical effects of such orders, and highlight key considerations for legal professionals navigating the evolving landscape of coastal access in England.

The foundation for the King Charles III England Coast Path (KCIIIECP) lies primarily in Part 9 of the Marine and Coastal Access Act 2009 (MCAA 2009). This landmark legislation placed a statutory duty on the Secretary of State and Natural England to secure a long-distance walking route around the English coast and to provide public access to a wider margin of coastal land for open-air recreation. The MCAA 2009 amended the National Parks and Access to the Countryside Act 1949, enabling the designation of such routes and the associated 'coastal margin'.

The concept of 'coastal margin' is central to these access rights. As defined by the MCAA 2009 and further elaborated in the Access to the Countryside (Coastal Margin) (England) Order 2010 (SI 2010/558), coastal margin typically includes the land over which the approved coastal route passes, land adjacent to and within 2 metres either side of that line, and all land seaward of the route to the mean low water mark. It can also extend landward to include typical coastal land types such as beaches, dunes, and cliffs, or to coincide with suitable physical features like fences. Natural England is responsible for preparing detailed reports proposing the route and the extent of the coastal margin, which are then submitted to the Secretary of State for approval.

Following the Secretary of State's approval of Natural England's proposals, there is an 'access preparation period'. This period allows for necessary practical arrangements, such as signage installation, infrastructure development, and engagement with landowners, before the public right of access legally commences. The Order in question, The Access to the Countryside (Coastal Margin) (Aldeburgh to Hopton-on-Sea) (No. 2) Order 2026, serves the specific function of appointing the day on which this preparation period ends for the designated land, thereby activating the statutory access rights. It is important to note that the England Coast Path was officially renamed the King Charles III England Coast Path on 1 May 2023, reflecting its national significance.

The Access to the Countryside (Coastal Margin) (Aldeburgh to Hopton-on-Sea) (No. 2) Order 2026 (SI 2026/708) is a direct consequence of the Secretary of State's approval of Natural England's proposals for coastal access along the Aldeburgh to Hopton-on-Sea stretch. Natural England submitted its reports for this 37-mile section on 29 January 2020, leading to subsequent approvals. The 'No. 2' designation of this Order indicates a phased approach to opening this particular stretch, as evidenced by a previous 'No. 1' Order in 2024 that also ended the access preparation period for other parts of the same route. For instance, sections AHS1 to AHS3 (Aldeburgh to Southwold) and AHS6 (Lowestoft to Hopton-on-Sea) saw coastal access rights come into force on 12 December 2024, while the section from Church Road, Kessingland to Lowestoft (AHS4 (part) and AHS5) opened on 30 June 2026.

The legal effect of this Order is to trigger the commencement of the statutory right of access for open-air recreation over the specified coastal margin. This right is not limited to the narrow path itself but extends to the broader coastal margin, which includes the path, land within 2 metres either side, and all land seaward to the mean low water mark, unless it falls within a category of 'excepted land'. Excepted land, detailed in Schedule 1 to the Countryside and Rights of Way Act 2000 (CROW Act 2000) as amended for coastal margin, includes areas such as land within 20 metres of a dwelling, land covered by buildings, or regulated caravan/camping sites, where the right of access does not apply.

A critical feature of the MCAA 2009 is the 'rollback' provision, which allows the route and coastal margin to automatically shift inland where coastal erosion occurs. This dynamic boundary presents unique challenges for landowners and requires ongoing monitoring and adaptation. Practitioners must advise clients not only on the initial establishment of access rights but also on the potential for future changes to the path's alignment and the extent of the coastal margin. While the MCAA 2009 aims to balance public and private interests, issues such as liability for accidents, management of livestock, and the impact on agricultural operations remain pertinent. Landowners may also have the ability to apply for directions to restrict or exclude access for specific reasons, such as public safety or nature conservation.

The process leading to such orders involves public consultation, where representations and objections to Natural England's proposals are considered by the Secretary of State. This ensures a degree of scrutiny and allows affected parties to voice concerns. However, once an Order like SI 2026/708 is made, the access rights become legally binding, shifting the focus to compliance and ongoing management.

The Access to the Countryside (Coastal Margin) (Aldeburgh to Hopton-on-Sea) (No. 2) Order 2026 is another tangible step towards the completion of the King Charles III England Coast Path, reinforcing the statutory right of public access along significant stretches of the English coastline. For legal practitioners, this Order, alongside its predecessors and successors, necessitates a thorough understanding of the Marine and Coastal Access Act 2009 and its interplay with existing land law and environmental regulations. The phased opening of routes, as seen with the Aldeburgh to Hopton-on-Sea stretch, means that the legal landscape of coastal access is continuously evolving.

Practitioners should proactively advise landowners on the precise extent of the coastal margin on their property, the implications of the 'rollback' provisions for eroding coastlines, and the categories of 'excepted land' where access rights do not apply. Furthermore, understanding the mechanisms for applying for access restrictions or exclusions, and the potential for compensation, will be vital. As the KCIIIECP nears full completion, monitoring new statutory instruments, Natural England guidance, and any emerging case law will be crucial for providing comprehensive and up-to-date advice to clients affected by this transformative national project.