9. Public Access and Open Space Volume One requirements to enhance public access, preferably in the same area or if this is not possible, in a different area with equivalent amenity value. The intent is that the person whose activities are responsible for the permanent loss of public access should consider, as a means of mitigating that loss, the provision of alternative or upgraded access in a reasonable and practical location. Unformed legal road [D] Policy 9.1.15 – Recognise the benefits of the presence of unformed legal road as a means to enhance access to and along waterbodies (including the coast) and to public land. The presence of unformed legal road that has not been formed or used for road purposes and to which the public have a right of access (often referred to as a paper road) potentially forms an important resource for public access purposes. Where possible, opportunities should be made to ensure that access over unformed legal roads, especially to areas identified as having a high priority for public access in Policy 9.1.1, is enhanced. [D] Policy 9.1.16 – In considering an application to stop any unformed legal road, the Marlborough District Council shall consider the following: (a) current level of use, including whether the unformed legal road is: - the sole or most convenient means of access to any existing lot(s) that is public land or feature (for example, a river or the coast); or - used as a walkway or to access conservation land; (b) opportunities for future use, including whether the unformed legal road will be needed: - to service future residential, commercial, industrial or primary production developments; or - in the future, to connect existing roads; (c) alternative uses of the land, including its current or potential value for amenity or conservation functions, e.g. walkway, utilities corridor, esplanade strip or access way to features such as a river or the coast; (d) whether there is alternative and practical existing public access to the same end point of the unformed legal road; and (e) whether acceptable alternative access can be provided to offset the stopping of the unformed legal road. Regular requests are made to the Council from landowners wishing to purchase portions of unformed legal roads to be added to private land. However, there is a core principle that this land is owned by the public and has potential for high country, coastal and/or riparian access purposes. Although applications from the public to stop unformed legal roads are processed under the Local Government Act, it is important that regard is had to other legislation, such as the RMA where there are imperatives to recognise and provide for public access to and along the coastal marine area, lakes and rivers as a matter of national importance. Although the RMA does not make specific reference to high country areas in relation to public access, the Council has identified in Objective 9.1 the importance of the public being able to enjoy these areas. Given these imperatives, the criteria in this policy have been included to provide guidance on when it may or may not be appropriate to stop legal unformed roads. [D] Policy 9.1.17 – Where an unformed legal road provides access: (a) to or from a public road or reserve; 9 – 8