Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949 Combe Martin to Marsland Mouth, CMM 4, CMM 8 and VR 11

Updated 23 November 2023

Applies to England

Introduction 

On 15 January 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Combe Martin to Marsland Mouth to the Secretary of State for Environment, Food and Rural Affairs under section 51 of the National Parks and Access to the Countryside Act 1949 (“the 1949 Act”), pursuant to its duty under section 296(1) of the Marine and Coastal Access Act 2009 (“the 2009 Act”).  

Variation Report (VR11) was submitted to the Secretary of State on 3rd March 2022.

This determination only relates to lengths CMM 4, CMM 8 and VR 11 (which affects lengths CMM 3 and CMM4).

In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered: 

a. Combe Martin to Marsland Mouth lengths CMM 4 and CMM 8- part of Natural England’s coastal access report compendium for Combe Martin to Marsland Mouth Bridge submitted to the Secretary of State on 15 January 2020, and Variation Report 11 (VR11), submitted to Secretary of State on 3rd March 2022

b. in accordance with paragraph 16(1)(a) of the Schedule, the objections which the appointed person determined to be an admissible objection

c. in accordance with paragraph 16(1)(b) of the Schedule, Natural England’s comments on the admissible objection which it sent to the Secretary of State

d. in accordance with paragraph 16(1)(c) of the Schedule, the reports given to the Secretary of State by the appointed person in respect of the objections which the appointed person determined to be an admissible objection

e. in accordance with paragraph 16(1)(d) of the Schedule, representations made by a person within paragraph 2(2)(b) to (f) of the Schedule and the summary of other representations made, and Natural England’s comments on those representations which it sent to the Secretary of State in March 2021, July 2020 and June 2022 respectively

In this notice – 

(a) “objection” means an objection about the coastal access report which is made under paragraph 3 of Schedule 20 of the Marine and Coastal Access Act 2009; and

(b) “representation” means a representation about the coastal access report which is made under paragraph 7 of Schedule 20 of the Marine and Coastal Access Act 2009.

Secretary of State’s approval of coastal access proposals 

The Secretary of State has determined to approve the proposal for the route and associated coastal margin as set out in length report CMM 4, subject to the proposed variation outlined in VR11. The Secretary of State has determined to approve the proposal for the route and associated coastal margin as set out in length report CMM 8.  

In the respects specified in the objection set out at Annex A to this notice, the Secretary of State determines that the proposals set out in the coastal access report do not fail to strike a “fair balance” as a result of the matters specified in the objections. The Secretary of State therefore approves the proposals set out in the coastal access report, so far as they relate to those parts of the route (and associated coastal margin) to which those objections relate.   

Where proposals are approved in full, the additional conclusions and observations of the Secretary of State in relation to the representations are set out at Annex B to this notice. 

The Secretary of State has made available at http://www.gov.uk:   

A. A copy of this notice

B. The reports on the objections given to them by the appointed person

C. Representations made by a person within paragraph 2(2)(b) to (f) of the Schedule, and Natural England’s comments on those representations, which it sent to the Secretary of State in March 2021, July 2020 and June 2022 respectively

D. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State in March 2021, July 2020 and June 2022 respectively

Natural England has also made available here:   

E. Combe Martin to Marsland Mouth: the compendium of coastal access reports

Annex A: Objections which did not fail to strike a “fair balance”

Objection reference: MCA/CMM4/O/1/CMM0584

The land in the report to which the objection relates are route sections CMM-4-S001 FP, CMM-4-S002 RD, CMM-4-S003 and CMM-4-S004 RD, and specifically land adjoining Oyster Falls. Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to route section . 

Objection reference: MCA/CMM/VR11/O/1/CMM1348

The land in the report to which the objection relates are route sections CMM-VR11-S006 and land seaward of that route section. Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to route section .

Objection reference: MCA/CMM8/1

The land in the report to which the objection relates are route sections CMM-8-S045 and CMM-8-S046. Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to route section.

Annex B: Conclusions and observations on representations

The Secretary of State has considered, in relation to the coastal access report, the following representations made under paragraph 7 of the Schedule.

Combe Martin to Marsland Mouth 4

Representation number: MCA/CMM4/R/1/CMM1249

Organisation / person making representation: Ramblers Association

Route sections specific to this representation: CMM Report 4, CMM-4-S004

Secretary of State’s conclusion and observation: Secretary of State notes the representation and thanks the Ramblers Association for their engagement. Secretary of State is content that the Variation Report (VR11) addresses the concerns raised here.

Representation number: MCA/CMM4/R/6/CMM1324

Organisation / person making representation: [redacted] Devon Countryside Access Forum

Route sections specific to this representation: CMM-4-S003 to CMM-4-S004

Secretary of State’s conclusion and observation: Secretary of State welcomes the Access Forum’s positive engagement with Natural England and their support for these proposals.

Representation number: MCA/CMM4/R/7/CMM1324

Organisation / person making representation: [redacted] Devon Countryside Access Forum

Route sections specific to this representation: CMM-4-S011/012 to CMM-4-S018/019

Secretary of State’s conclusion and observation: Secretary of State welcomes Devon Countryside Access Forum’s supportive comments and thanks them for their support.

Representation number: MCA/CMM4/R/8/CMM1324

Organisation/ person making representation: [redacted] Devon Countryside Access Forum

Route sections specific to this representation: CMM-4-S022 to CMM-4-S026

Secretary of State’s conclusion and observation: Secretary of State welcomes the supportive comments from Devon Countryside Access Forum.

Representation number: MCA/CMM Stretch/R/1/CMM1324, MCA/CMM Stretch/R/2/CMM1324, MCA/CMM Stretch/R/3/CMM1324

Organisation/ person making representation: [redacted] Devon Countryside Access Forum

Route sections specific to this representation: whole length

Secretary of State’s conclusion and observation: Secretary of State thanks Devon Countryside Access Forum for their engagement and acknowledges their concerns regarding roll- back. Secretary of State is content with Natural England’s proposals and content that Natural England will continue to engage with all parties potentially affected by roll- back.

Secretary of State is content that Natural England will work with the access authority to ensure clear and appropriate signage.

Secretary of State thanks Devon Countryside Access Forum for their comments and acknowledges the importance of accessibility. Is assured by Natural England’s engagement with Disabled Ramblers and supports Natural England’s intentions to make improvements to improve accessibility.

Other representations

Summary of ‘other’ representations making non-common points, and Natural England’s comments on them.

Representation ID: MCA/CMM4/R/2/CMM1524

Organisation/ person making representation: [redacted] North Devon Coast AONB

Name of site: Broad Sands Beach between Crow Neck and White House

Secretary of State’s conclusion and observation: Secretary of State is content with Natural England’s clarification that there would be no restrictions on access to the beach.

Representation ID: MCA/CMM4/R/3/CMM1522

Organisation/ person making representation: [redacted] South West Coast Path Association

Name of site: Down End, Croyde

Secretary of State’s conclusion and observation: Secretary of State is grateful for the support expressed in this representation and for the South West Coast Path Association’s engagement during NE’s development of proposals. Secretary of State would note’s the potential modification that may impact upon the alignment of this section of the KCIIIECP.

Representation ID: MCA/CMM4/R/4/CMM1522

Organisation/ person making representation: [redacted] South West Coast Path Association

Name of site: Saunton Sands/Braunton Burrows

Secretary of State’s conclusion and observation: Secretary of State thanks the South West Coast Path Association for their comments and is grateful for their support.

Representation ID: MCA/CMM4/R/5/CMM0584

Organisation/ person making representation: [redacted]

Name of site: Land adjoining Oyster Falls, Down End, Croyde

Secretary of State’s conclusion and observation: Secretary of State is content that this representation, which is made on the same basis as an objection (Objection Reference: MCA/CMM4/O/1/CMM0584), is sufficiently addressed through the Planning Inspectorate visit and subsequent conclusion above.

Representation ID: MCA/CMM4/R/9/CMM1527

Organisation/ person making representation: [redacted] Disabled Ramblers

Report map reference:

• Map CMM 4a Cock Rock, Croyde to Saunton Surf Lifesaving Station
• Map CMM 4b Saunton Surf Lifesaving Station to Braunton Burrows (Nature Reserve)
• Map CMM 4e Braunton Burrows (Nature Reserve) to Crow Beach House
• Map CMM 4f Crow Beach House to Horsey Island
• Map CMM 4g Horsey Island to Velator
• Map CMM 4 Map showing extent of default landward coastal margin (dune) at Braunton Burrows

Route sections on or adjacent to the land: specific comments on the following route sections:-

• Map CMM 4, landward coastal margin (dune) at Braunton Burrows
• Maps CMM 4f and CMM 4g Sea Wall alongside Horsey Island and on to Velator

Secretary of State’s conclusion and observations: Secretary of State thanks Disabled Ramblers for their comments and advice on accessibility. Is satisfied that Natural England will work with the Local Authority to ensure that all reasonable measures are taken to improve the accessibility of the proposed route.

Combe Martin to Marsland Mouth 8

Representation number: MCA/CMM Stretch/R/1/CMM1324

Organisation/ person making representation: [redacted] Devon Countryside Access Forum (DCAF)

Route sections specific to this representation: Whole length

Secretary of State’s conclusion and observation: Secretary of State thanks Devon Countryside Access Forum for their engagement and acknowledges their concerns regarding roll- back. Secretary of State is content with Natural England’s proposals and content that Natural England will continue to engage with all parties potentially affected by roll- back.

Representation number: MCA/CMM Stretch/R/2/CMM1324

Organisation/ person making representation: [redacted] Devon Countryside Access Forum (DCAF)

Route sections specific to this representation: Whole length

Secretary of State’s conclusion and observation: Secretary of State is content that Natural England will work with the access authority to ensure clear and appropriate signage.

Representation number: MCA/CMM Stretch/R/3/CMM1324

Organisation/ person making representation: [redacted] Devon Countryside Access Forum (DCAF)

Route sections specific to this representation: Whole length

Secretary of State’s conclusion and observation: Secretary of State thanks Devon Countryside Access Forum for their comments and acknowledges the importance of accessibility. Supports Natural England’s intentions to make improvements to improve accessibility and their engagement with Disabled Ramblers.

Other representations

Summary of ‘other’ representations making non-common points, and Natural England’s comments on them.

Representation ID: MCA/CMM8/R/1/CMM 1524

Organisation/ person making representation: [redacted] North Devon Coast AONB

Name of site: Giffard’s Jump to Keivill’s Wood

Route sections on or adjacent to the land: Farmland to the landward of the coast path between the coast path/woods and the County Road that runs between Northway to Higher Worthygate identified as coastal margin land to the landward side of the Trail

Secretary of State’s conclusion and observation: Secretary of State is content that Natural England have engaged with the landowners throughout the process of making these proposals and notes Natural England’s point that any land within landward coastal margin that is ploughed/ cultivated for the purpose of planting or sowing crops would be excepted from coastal access rights.

Representation ID: MCA/CMM8/R/2/CMM0141

Organisation/ person making representation: The Woodland Trust

Name of site: Barton Wood

Secretary of State’s conclusion and observation: Secretary of State is content with the guidance provided by Natural England on liabilities and coastal margin.

Representation ID: MCA/CMM8/R/3/CMM1527

Organisation/ person making representation: [redacted] – Disabled Ramblers

Name of site: Westward Ho! to Cornborough Cliff

Secretary of State’s conclusion and observation: Secretary of State thanks Disabled Ramblers for their support and continued engagement with the King Charles III England Coast Path and encourages Natural England to take all reasonable measures to improve accessibility on the trail.

Variation Report 11- VR11

Representation number: MCA/CMM/VR11/R/1/CMM1249

Organisation/ person making representation: [redacted] (Access Officer) Ramblers Association (Devon)

Route sections: CMM- VR11- S003, CMM- VR11- S004, CMM- VR11- S005, CMM- VR11- S006

Secretary of State’s conclusion and observation: Secretary of State would like to thank the Ramblers for their support and notes their concern regarding the safer road crossing. Secretary of State would like to reiterate Natural England’s clarification of the CROW Act.

Representation number: MCA/CMM/VR11/R/5/CMM1324

Organisation/ person making representation: [redacted] Devon Countryside Access Forum

Route sections: CMM-VR11-S001 FP to CMM-VR11-S006

Secretary of State’s conclusion and observation: Secretary of State thanks Devon Countryside Access Forum for their engagement and support. Secretary of State is content that Natural England will work with the Local Authority and relevant land owners to ensure the best possible route. Secretary of State would like to remind the Access Forum that the KCIIIECP and PRoWs are separate legal entities. The roll back provision only applies to the KCIIIECP and does not apply to PRoWs. The moving of a PRoW would have to be achieved through a PRoW modification order.

Other representations

Summary of ‘other’ representations making non-common points, and Natural England’s comments on them

Representation ID: MCA/CMMVR11/R/2/CMM1256

Organisation/ person making representation: [redacted] South West Coast Path Association

Route sections on or adjacent to the land: Route sections CMM-VR11-S001 to CMM-VR11-S006 inclusive

Secretary of State’s conclusion and observation: Secretary of State is grateful for the South West Coast Path Association’s support. Secretary of State is content that Natural England will address the need for quality surfacing once they have access to the site. Secretary of State would like to reiterate the duty to ‘strike a fair balance’ and is content that Natural England have proposed the most appropriate route.

Annex C: Conclusions and observations on representations with modifications

Representation number: MCA/CMM/VR11/R/4/CMM1251

Organisation/ person making representation: [redacted] Devon County Council

Route sections: CMM-VR11-S001 FP to CMM-VR11-S006

Secretary of State’s conclusion and observation: Secretary of State would like to thank Devon County Council for their support.

As stated in the report, the proposed route will provide excellent views and has the benefit of an improved road crossing point for the National Trail(s). As mentioned in other representations (MCA/CMMVR11/R/6/CMM0585 & MCA/CMMVR11/R/3/CMM1111), Natural England have stated they will explore the options for a pedestrian gate and will update when establishment begins.

Representation ID: MCA/CMMVR11/R/3/CMM1111

Organisation/ person making representation: [redacted] – agent on behalf of [redacted]

Route sections on or adjacent to the land: CMM VR11 S002 RD, CMM VR11 S003

Secretary of State’s conclusion and observation: Secretary of State is grateful for the support of the variation. Secretary of State is encouraged by Natural England’s engagement with the Highways department of Devon County Council and is content that appropriate infrastructure will be developed during establishment phase. Secretary of State notes the point regarding a pedestrian gate so the existing entrance into the field at S004 can be used, rather than creating a gap in the earth bank and looks forward to reviewing this modification in due course if required.

Representation ID: MCA/CMMVR11/R/6/CMM0585

Organisation/ person making representation: [redacted]

Route sections on or adjacent to the land:

• CMM-VR11-S001FP – Foot path from road to top of steps to beach access
• CMM-VR11-S002RD – Road crossing
• CMM-VR11-S003 – proposed field track adjacent to track to Heatherdown
• CMM-VR11-S004 – Existing field gate onto historic track with stone walls

Secretary of State’s conclusion and observation: Secretary of State would like to point the representor to Natural England’s comments, published alongside this document. As mentioned in other representations (MCA/CMMVR11/R/6/CMM0585 & MCA/CMMVR11/R/3/CMM1111), Natural England have stated they will explore the options for a pedestrian gate and will update when establishment begins, informing Secretary of State of any modification needed. Secretary of State agrees that informal management is appropriate in the case of the car park, using direction to exclude or restrict access where necessary.