Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: South Hayling to East Head, length SHE4
Published 9 July 2020
Applies to England
© Crown copyright 2020
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Introduction
On 3 October 2019 Natural England submitted a compendium of coastal access reports relating to the stretch of land between South Hayling to East Head 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”).
This determination relates only to length SHE4. The proposals within length reports SHE1, SHE2, SHE3 and SHE5 will be determined separately. In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. South Hayling to East Head - Natural England’s compendium of coastal access reports submitted to the Secretary of State on 3 October 2019
b. 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 on 15 April 2020
In this notice –
(a) “objection” means an objection about a coastal access report which is made under paragraph 3 of the Schedule
(b) “representation” means a representation about a coastal access report which is made under paragraph 7 of the Schedule
Secretary of State’s approval of coastal access proposals
The Secretary of State has determined to approve in full those proposals for the route and associated coastal margin as set out in the coastal access length report SHE4, in relation to which no objections were made.
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 A to this notice.
The Secretary of State has made available at www.gov.uk:
a. a copy of this notice;
b. 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 on 15 April 2020
c. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 15 April 2020.
Natural England has also made available here:
d. South Hayling to East Head - the compendium of coastal access reports.
Annex A: 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.
Representation No. MCA/SHE Stretch/R/1/SHE2307
Name of representation:
The Solent Recreation Mitigation Partnership (Bird Aware Solent)
Report length and route section(s):
Whole stretch (Secretary of State comments pertain to length SHE4 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes the engagement between Bird Aware Solent and Natural England and encourages ongoing engagement to ensure the site-specific access management projects aimed to reduce impact to these sensitive sites are appropriate in this area.
Notes the decision to depict the coastal margin using a magenta coloured wash was taken by Ordnance Survey following detailed discussions with Natural England and a group of national stakeholders in 2014. Natural England are confident that this approach has been working well on the ground since 2014 and they have seen no evidence that depicting the coastal margin in this way is bringing home owners and walkers into conflict.
Representation No. MCA/SHE Stretch/R/6/SHE1776
Name of representation:
Sussex Ramblers
Report length and route section(s):
Whole stretch (Secretary of State comments pertain to length SHE4 only)
Secretary of State’s conclusion and observation:
Welcomes the Sussex Ramblers’ representation, which is supportive of the proposals.
Representation No. MCA/SHE Stretch/R/7/SHE2390
Name of representation:
The Environment Agency
Report length and route section(s):
Whole stretch (Secretary of State comments pertain to length SHE4 only)
Secretary of State’s conclusion and observation:
Secretary of State notes that Access Authorities will ensure that all relevant consents and permits are in place prior to any establishment works.
Representation No. MCA/SHE Stretch/R/8/SHE1765
Name of representation:
West Sussex County Council (WSCC)
Report length and route section(s):
Whole stretch (Secretary of State comments pertain to length SHE4 only)
Secretary of State’s conclusion and observation:
Notes the representation and issues raised within that predominantly concern the establishment of the path.
Echoes Natural England’s hope that WSCC will see the value of being involved in establishment works for this and other stretches of the ECP, which will be 100% funded by Natural England. Also, that WSCC will consider forming a trail partnership, supported by annual Natural England Grant in Aid. Notes WSCC’s clarification of the status of some points along the route, and that Natural England have committed to work with WSCC to update their mapping data and remove any errors.
Encourages ongoing constructive discussion between the council and Natural England to ensure that the trail in this area is established to the necessary standard, is adequately funded and that infrastructure along the trail, including signage and furniture, is appropriate and maximizes accessibility where possible.
Notes Natural England’s intention to review the alignment of the trail should the ferry service change. Notes that the presence of the path does not stop landowners developing their land in the future.
Representation No. MCA/SHE Stretch/R/12/SHE2300
Name of representation:
Historic England
Report length and route section(s):
Whole stretch (Secretary of State comments pertain to length SHE4 only)
Secretary of State’s conclusion and observation:
Notes that should Natural England need to undertake any works that may affect Fishbourne Roman site, they will apply for scheduled monument consent.
Representation No. MCA/SHE4/R/11/SHE2390
Name of representation:
Environment Agency
Report length and route section(s):
SHE 4, Map 4h
Secretary of State’s conclusion and observation:
Secretary of State notes that Access Authorities will ensure that all relevant consents and permits are in place prior to any establishment works. Encourages early discussions between Natural England and the Environment Agency in changes to flood management in the area that may impact the path.
Representation No. MCA/SHE4/R/1/SHE1129
MCA/SHE4/R/2/SHE0481
MCA/SHE4/R/3/SHE0803
MCA/SHE4/R/4/SHE0373
MCA/SHE4/R/7/SHE0080
MCA/SHE4/R/8/SHE1428
Name of representation:
Private Individuals
Report length and route section(s):
SHE-4-S048 to SHE-4-S049
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representations which are supportive of the proposals to use the ferry between Bosham and West Itchenor.
Representation No. MCA/SHE Stretch/R/3/SHE1767
Name of representation:
Chichester Harbour Conservancy
Report length and route section(s):
Whole stretch (Secretary of State comments pertain to length SHE4 only)
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s approach to maintenance requirements for unpredictable events along the route.
Representation No. MCA/SHE Stretch/R/4/SHE2387
Name of representation:
Private Individual
Report length and route section(s):
Whole stretch (Secretary of State comments pertain to length SHE4 only)
Secretary of State’s conclusion and observation:
Secretary of State notes the concerns raised in the representation with regard to the proximity of dogs to wildfowl.
Notes Natural England’s use of signage and where appropriate, fencing. Recognises that the finding of the Habitats Regulations Assessment and a Nature Conservation Assessment have been incorporated in the design features of the path.
Representation No. MCA/SHE Stretch/R/9/SHE2315
Name of representation:
Member of the council of the Solent Protection Society
Report length and route section(s):
Whole stretch (Secretary of State comments pertain to length SHE4 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Notes Natural England’s use of signage and where appropriate, fencing. Recognises that the finding of the Habitats Regulations Assessment and a Nature Conservation Assessment have been incorporated in the design features of the path.
Representation No. MCA/SHE Stretch/R/10/SHE2391
Name of representation:
Manhood Peninsula Partnership
Report length and route section(s):
Whole stretch (Secretary of State comments pertain to length SHE4 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/SHE Stretch/R/11/SHE0008
Name of representation:
The Disabled Ramblers
Report length and route section(s):
Whole stretch (Secretary of State comments pertain to length SHE4 only)
Secretary of State’s conclusion and observation:
Secretary of State encourages Natural England to continue taking all reasonable steps to increase the accessibility of the trail. Encourages ongoing communication between Natural England and the Disabled Ramblers to address the needs of people with reduced mobility.
Representation No. MCA/SHE Overview/R/1/SHE0040
Name of representation:
Lichfields, on behalf of Bourne Leisure Limited
Report length and route section(s):
Whole stretch (Secretary of State comments pertain to length SHE4 only)
Secretary of State’s conclusion and observation:
Secretary of State encourages Natural England’s commitment to consult with all relevant parties before implementing roll back.
Representation No. MCA/SHE4/R/5/SHE0548
Name of representation:
Private Individual
Report length and route section(s):
SHE 4, Map 4a
Secretary of State’s conclusion and observation:
Secretary of State notes that Natural England will consult with the individual in the event that rollback alters the position of the trail.
Representation No. MCA/SHE4/R/6/SHE0385
Name of representation:
Private Individual
Report length and route section(s):
SHE 4
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/SHE4/R/9/SHE2379
Name of representation:
Private Individual
Report length and route section(s):
SHE 4, Maps SHE 4b, SHE 4c, SHE 4d and SHE 4e
Secretary of State’s conclusion and observation:
Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.
Representation No. MCA/SHE4/R/10/SHE1767
Name of representation:
Chichester Harbour Conservancy
Report length and route section(s):
SHE 4, Maps 4a and 4b
Secretary of State’s conclusion and observation:
Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England. Encourages Natural England’s engagement with local Conservation Area Officers and West Sussex County Council to ensure use of signage is appropriate.