Defra has brought into force an order under section 3A of the Countryside and Rights of Way Act 2000 for the Portsmouth to South Hayling stretch, ending the access preparation period on Wednesday 12 November 2025. From this date, statutory coastal access rights apply on the designated coastal margin linked to the King Charles III England Coast Path.
In statute, the access preparation period is the window between land being identified as coastal margin and the Secretary of State appointing a start date by order. Once that date arrives, the section 2(1) right of access takes effect; before then, the land is not treated as coastal margin for purposes including the reduced occupiers’ liability rule in the 1984 Act.
This stretch draws on Natural England’s reports for Old Portsmouth to Eastney, Eastney to Langstone and Langstone to South Hayling, submitted on 19 July 2017 and approved by the Secretary of State on 6 March 2024. The approval also covered a modification report for Eastney Peninsula and Kendalls Wharf. These decisions are recorded in the section 52 notice.
Practically, today’s change means a continuous National Trail of just over 22 miles from Old Portsmouth to the beach at South Hayling is now open to the public, including new infrastructure such as a 400‑metre boardwalk at Southmoor Nature Reserve.
The coastal margin comprises the walked line of the trail, a narrow strip either side of it, and land seaward to the foreshore; much of this adjoining land (the ‘spreading room’ used in guidance) is available for open‑air recreation on foot. The statutory description and mapping approach are set out in the 2010 Coastal Margin Order and Natural England guidance.
For the public, the core right is to enter and remain on foot for open‑air recreation, subject to the national restrictions (for example, no camping, vehicles or commercial activities without permission). Dogs must be under effective control at all times in the coastal margin and on a short lead near livestock.
For landowners and managers, access authorities install waymarking and any gates, with establishment and maintenance supported by Natural England. The trail can ‘roll back’ if the coast changes, allowing the route to move without further approvals where this was specified in the approved proposals.
Certain places remain out of scope. ‘Excepted land’-including buildings and curtilage, gardens, railways, schools, Ministry of Defence land, active quarries, highways and regulated caravan sites-does not acquire the new right, even if it lies within the mapped margin. Guidance explains these categories and how they apply on the coast.
Some exceptions are modified where the walked line must pass. Within the coastal route strip (the line of the path and 2 metres either side), elements that would otherwise be excepted-such as recently ploughed land or parts of golf courses-do not disapply the right solely for that narrow strip, ensuring path continuity.
Restrictions can still be used where necessary. The 28‑day ‘no application’ closure does not apply on coastal margin; longer or targeted restrictions for land management, public safety or conservation must follow the statutory process, and unsafe salt marshes or flats can be excluded by direction. Local and seasonal restrictions are published online.
Next steps are operational rather than legislative: walkers should follow on‑ground signage and check the official online maps for any local exclusions; landowners should use Natural England’s routes for applying for restrictions or seeking advice. The stretch is now at Stage 5 (open) under the coastal access scheme.