Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Aust to Brean Down (lengths 2 to 5 and 7 to 10)
Updated 23 June 2022
Applies to England
© Crown copyright 2022
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Introduction
On 25 July 2019 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Aust and Brean Down 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 only relates to length reports ABD2 to ABD5 and ABD7 to ABD10. The proposals within length reports ABD1 and ABD6 will be determined separately.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Aust to Brean Down length reports ABD2 to ABD5 and ABD7 to ABD10 - part of Natural England’s coastal access report compendium for Aust to Brean Down submitted to the Secretary of State on 25 July 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 between 15 November and 18 December 2019
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 length reports ABD2 to ABD5 and ABD7 to ABD10, in relation to which no objections were made.
The additional conclusions and observations of the Secretary of State in relation to the representations are set out in 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 between 15 November and 18 December 2019
c. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State between 15 November and 18 December 2019
Natural England has also made available here:
d. Aust to Brean Down - 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 / ABD Stretch/ R/6/ ABD1417
Name of representation:
The Ramblers (Avon Area)
Length Report and route section(s):
Length Reports 1-3 (Secretary of State comments pertain to lengths ABD2 and ABD3 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals and The Ramblers’ comments on benefits the England Coast Path will bring to this area. Notes and encourages Natural England’s ongoing cooperation with the Environment Agency and South Gloucestershire and Bristol City Councils to manage the impact on the England Coast Path during flood defence improvement works.
Representation No. MCA / ABD Stretch/ R/7/ ABD1899
Name of representation:
Environment Agency
Length Report and route section(s):
Length Reports 1, 2, 4, 6, 7, 10 (Secretary of State comments pertain to lengths ABD2, ABD4, ABD7 and ABD10 only)
Secretary of State’s conclusion and observation:
Secretary of State encourages Natural England’s ongoing close cooperation with the Environment Agency and notes its confirmation that proposals will not harm flood defences along the route. Welcomes Natural England’s commitment to manage the impact on the path while flood defence works are ongoing.
Notes that access authorities will secure all necessary Flood Risk Activity Permits before commencing establishment works and Natural England’s intention to pass on land contamination risk guidance.
Notes clarification that the Environment Agency’s flood maintenance work is included in the considerations of the Habitats Regulations Assessment and the Agency’s intention to include combination effects in their future assessments.
Representation No. MCA / ABD Stretch/ R/8/ ABD1434
Name of representation:
Joint Local Access Forum (Bath and North East Somerset, Bristol City and South Gloucestershire)
Length Report and route section(s):
Length Reports 1-3 (Secretary of State comments pertain to lengths ABD2 and ABD3 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals and notes comments on the benefits the England Coast Path will bring to this area. Notes and encourages Natural England’s ongoing cooperation with the Environment Agency and South Gloucestershire and Bristol City Councils to manage the impact on the England Coast Path during flood defence improvement works.
Representation No. MCA/ABD Stretch/R/1/ABD1840 and MCA/ABD Overview/R/2/ABD1842
Name of representation:
Private individual and private individual
Length Report and route section(s):
Whole stretch (Secretary of State comments pertain to lengths ABD2 to ABD5 and ABD7 to ABD10 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals and notes the comments on the benefits the England Coast Path will bring to this area.
Representation No.
(1) MCA/ ABD2/ R/1/ ABD1843
(2) MCA/ ABD2/ R/2/ ABD1843
(3) MCA/ ABD2/ R/3/ ABD1843
(4) MCA/ ABD2/ R/4/ ABD1843
(5) MCA/ ABD2/ R/5/ ABD1662
(6) MCA/ ABD2/ R/6/ ABD1605
(7) MCA/ ABD2/ R/7/ ABD1605
(8) MCA/ ABD2/ R/9/ ABD1605
(9) MCA/ ABD2/ R/11/ ABD1605
Name of representation:
The Disabled Ramblers (1-4), North Somerset Local Access Forum (5), Pilning and Severn Beach Parish Council (6-9)
Length Report and route section(s):
Length Report 2, Maps ABD 2a, 2b and 2c
Secretary of State’s conclusion and observation:
Secretary of State encourages Natural England’s ongoing collaboration with South Gloucestershire Council, landowners and other interested parties to increase the accessibility of the trail to mobility scooters where possible. Encourages ongoing communication between Natural England and the Disabled Ramblers to address the needs of people with reduced mobility.
Representation No. MCA/ ABD2/ R/5/ ABD1662
Name of representation:
North Somerset Local Access Forum
Length Report and route section(s):
Whole stretch (Secretary of State comments pertain to lengths ABD2 to ABD5 and ABD7 to ABD10 only)
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s clarification of its approach towards the control of dogs and use of signage on the England Coast Path.
Representation No. MCA/ ABD2/ R/8/ ABD1605
Name of representation:
Pilning and Severn Beach Parish Council
Length Report and route section(s):
Length Report 2, ABD-2-S011 and ABD-2-S012
Secretary of State’s conclusion and observation:
Secretary of State is satisfied with Natural England’s approach regarding exclusions. Notes Natural England may make small changes to the extent of the exclusion in this area after meeting with Pilning and Severn Beach Parish Council.
Representation No. MCA/ ABD2/ R/10/ ABD1605
Name of representation:
Pilning and Severn Beach Parish Council
Length Report and route section(s):
Length Report 2, ABD-2-S017 and ABD-2-S018
Secretary of State’s conclusion and observation:
Secretary of State is satisfied with Natural England’s approach regarding exclusions.
Representation No. MCA/ ABD2/ R/12/ ABD1605
Name of representation:
Pilning and Severn Beach Parish Council
Length Report and route section(s):
Length Report 2, ABD-2-S022
Secretary of State’s conclusion and observation:
Secretary of State notes discussions between Natural England and South Gloucestershire Council regarding safety at this point of the trail, and Natural England’s intention to fund a barrier should it be found necessary.
Representation No. MCA / ABD Stretch/ R/9/ ABD1911
Name of representation:
Wildfowl and Wetlands Trust
Length Report and route section(s):
Whole Stretch (Secretary of State comments pertain to lengths ABD2 to ABD5 and ABD7 to ABD10 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s overall proposals. Notes Natural England’s view that proposals manage impacts of the England Coast Path on waterbirds and estuarine habitats effectively. Encourages Natural England’s continued engagement with local partner organisations on community engagement and the existing plans for monitoring the impact of the England Coast Path in this area.
Representation No. (1) MCA/ ABD3/ R/1/ ABD1843 and (2) MCA/ ABD3/ R/2/ ABD1662
Name of representation:
(1) The Disabled Ramblers and (2) North Somerset Local Access Forum
Length Report and route section(s):
Length Report 3, Maps ABD 3a to 3d
Secretary of State’s conclusion and observation:
Secretary of State encourages Natural England’s ongoing collaboration with South Gloucestershire Council, landowners and other interested parties to increase the accessibility of the trail to mobility scooters where possible. Encourages ongoing communication between Natural England and the Disabled Ramblers to address the needs of people with reduced mobility.
Representation No. MCA/ ABD3/ R/2/ ABD1662
Name of representation:
North Somerset Local Access Forum
Length Report and route section(s):
Whole Stretch (Secretary of State comments pertain to lengths ABD2 to ABD5 and ABD7 to ABD10 only)
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s clarification of its approach towards the control of dogs and use of signage on the England Coast Path.
Representation No. MCA/ ABD Stretch/ R/5/ ABD1687
Name of representation:
North Somerset Council
Length Report and route section(s):
Length Reports 4-9 (Secretary of State comments pertain to lengths ABD4, ABD5 and ABD7 to ABD9 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals and notes the comments on the benefits the England Coast Path will bring to this area.
Representation No. MCA/ ABD4/ R/5/ ABD1662
Name of representation:
North Somerset Local Access Forum
Length Report and route section(s):
Length Report 4, all route sections in particular ABD-4-S026
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s clarification of its approach towards the control of dogs and use of signage on the England Coast Path.
Encourages Natural England’s ongoing collaboration with North Somerset Council, affected landowners and interested parties to increase the accessibility of the trail to mobility scooters where possible.
Representation No. MCA/ ABD4/ R/1/ ABD1843, MCA/ ABD4/ R/2/ ABD1843 and MCA/ ABD4/ R/3/ ABD1843
Name of representation:
The Disabled Ramblers
Length Report and route section(s):
Length Report 4, all route sections in particular ABD-4-S026
Secretary of State’s conclusion and observation:
Secretary of State encourages Natural England’s ongoing collaboration with North Somerset Council, landowners and other interested parties to increase the accessibility of the trail to mobility scooters where possible. Encourages ongoing communication between Natural England and the Disabled Ramblers to address the needs of people with reduced mobility.
Representation No. MCA/ ABD4/ R/4/ ABD1827
Name of representation:
Private individual
Length Report and route section(s):
Length Report 4, ABD-4-S026 to ABD-4-S031
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s response to the points raised. Encourages Natural England’s commitment to implement roll back with due care when necessary.
Representation No. MCA/ ABD4/ R/6/ ABD1457
Name of representation:
The Bristol Port Company
Length Report and route section(s):
Maps ABD 4b, 4c and 4d
Secretary of State’s conclusion and observation:
Secretary of State notes future variation reports may be necessary to accommodate operations of The Bristol Port Company and that this was omitted from report ABD4.
Agrees with Natural England’s statement that common land depicted on Directions Map 4A includes both access land and excepted land to which access rights do not apply. Notes that Natural England’s proposals maps do not routinely distinguish between open access and excepted land.
Welcomes Natural England’s clarification that the landward coastal margin at ABD-4-S019 does not extend beyond the hedge line. Encourages Natural England’s commitment to close engagement with The Bristol Port Company and the access authority to finalise the position of the route and associated infrastructure in this area.
Asks that Natural England reissue report ABD4 as an erratum with bridleway LA15/21 removed.
Representation No. MCA/ ABD5 / R/4/ ABD1645
Name of representation:
North Somerset Council
Length Report and route section(s):
Length Report 5, ABD-5-S074
Secretary of State’s conclusion and observation:
Secretary of State notes North Somerset Council’s revised decision to support the inclusion of Wain’s Hill Fort within the coastal margin.
Representation No. MCA/ ABD5/ R/6/ ABD1662
Name of representation:
North Somerset Local Access Forum
Length Report and route section(s):
Length Report 5, all route sections in particular ABD-5-S008 to ADB-5-S010, ABD-5-S014 to ABD-5-S023, ABD-5-S040 to ABD-5-S044, ABD-5-S061 to ABD-5-S062, and ABD-5-S072 to ABD-5-S074
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s clarification of its approach towards the control of dogs and use of signage on the England Coast Path.
Encourages Natural England’s ongoing collaboration with North Somerset Council, affected landowners and interested parties to increase the accessibility of the trail to mobility scooters where possible.
Representation No. MCA/ ABD5/ R/2/ ABD1843 and MCA/ ABD5/ R/3/ ABD1843
Name of representation:
The Disabled Ramblers
Length Report and route section(s):
Length Report 5, ABD-5-S007, ABD-5-S009 and ABD-5-S010, ABD-4-S013 to ABD-5-S023, ABD-5-S040 to ABD-5-S044, ABD-5-S061 to ABD-5-S062, and ABD-5-S072 to ABD-5-S074
Secretary of State’s conclusion and observation:
Secretary of State encourages Natural England’s ongoing collaboration with North Somerset Council, landowners and other interested parties to increase the accessibility of the trail to mobility scooters where possible. Encourages ongoing communication between Natural England and the Disabled Ramblers to address the needs of people with reduced mobility.
Representation No. MCA/ ABD5/ R/1/ ABD0912
Name of representation:
Private individual
Length Report and route section(s):
Length Report 5, ABD-5-S037
Secretary of State’s conclusion and observation:
Secretary of State is grateful for the correction and notes Natural England has updated the proposals.
Representation No. MCA/ ABD5/ R/5/ ABD1307
Name of representation:
Portishead Yacht and Sailing Club
Length Report and route section(s):
Length Report 5, ABD-5-S021
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s assurance that its proposals will not affect Portishead Yacht and Sailing Club’s existing access.
Representation No. MCA/ABD7/R/5/ABD1662
Name of representation:
North Somerset Local Access Forum
Length Report and route section(s):
Length Report 7, all route sections in particular ABD-7-S004, ABD-7-S005 and ABD-7-S011
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s clarification of its approach towards the control of dogs and use of signage on the England Coast Path.
Encourages Natural England’s ongoing collaboration with North Somerset Council, affected landowners and interested parties to increase the accessibility of the trail to mobility scooters where possible.
Representation No. (1) MCA/ABD Stretch/R/2/ABD1784, (2) MCA/ABD Stretch/R/3/ABD1847 and (3) MCA/ABD Stretch/R/4/ABD1849
Name of representation:
(1) The Clevedon Pier and Heritage Trust, (2) The Clevedon Community Team and (3) The Clevedon Business District
Length Report and route section(s):
Whole stretch (Secretary of State comments pertain to lengths ABD2 to ABD5 and ABD7 to ABD9 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals and notes comments on the benefits the England Coast Path is anticipated to bring to the area.
Representation No. MCA/ABD7/R/1/ABD1843, MCA/ABD7/R/2/ABD1843 and MCA/ABD7/R/3/ABD1843
Name of representation:
The Disabled Ramblers
Length Report and route section(s):
Length Report 7, ABD-7-S001 to ABD-7-S008 and ABD-7-S012 to ABD-7-S021
Secretary of State’s conclusion and observation:
Secretary of State encourages Natural England’s ongoing collaboration with North Somerset Council, landowners and other interested parties to increase the accessibility of the trail to mobility scooters where possible. Encourages Natural England’s intention to work with the local access authority to provide an appropriate alternative route for those wishing to avoid steps in this area. Encourages ongoing communication between Natural England and the Disabled Ramblers to address the needs of people with reduced mobility.
Representation No. MCA/ABD7/R/4/ABD1877
Name of representation:
Kewstoke Parish Council
Length Report and route section(s):
Length Report 7, ABD-7-S001 to ABD-7-S026
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s view that the proposals do not introduce any additional risk to walkers or risk increasing the rate of erosion at Sand Bay.
Notes Natural England’s view that proposals will not negatively impact flood defences at Sand Bay, and confirmation that a Flood Risk Activity Permit will be sought from the Environment Agency prior any establishment works starting at Sand Bay.
Representation No. MCA/ABD8/R/2/ABD1662
Name of representation:
North Somerset Local Access Forum
Length Report and route section(s):
Length Report 8, ABD-8-S007
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s clarification of its approach towards the control of dogs and use of signage on the England Coast Path.
Notes Natural England’s agreement with the points raised by North Somerset Local Access Forum regarding mobility scooter access.
Representation No. MCA/ABD8/R/1/ABD1843
Name of representation:
The Disabled Ramblers
Length Report and route section(s):
Length Report 8, ABD-8-S015 and ABD-8-S016
Secretary of State’s conclusion and observation:
Secretary of State encourages ongoing communication between Natural England and the Disabled Ramblers to address the needs of people with reduced mobility.
Representation No. MCA/ABD9/R/3/ABD1662
Name of representation:
North Somerset Local Access Forum
Length Report and route section(s):
Length Report 9, ABD-9-S001 to ABD-9-S010, ABD-9-S020 to ABD-9-S024 and ABD-9-S028
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s clarification of its approach towards the control of dogs and use of signage on the England Coast Path.
Encourages Natural England’s ongoing collaboration with North Somerset Council, affected landowners and interested parties to increase the accessibility of the trail to mobility scooters where possible.
Representation No. MCA/ABD9/R/1/ABD1843 and MCA/ABD9/R/2/ABD1843
Name of representation:
The Disabled Ramblers
Length Report and route section(s):
Length Report 9, ABD-9-S001 and ABD-9-S028
Secretary of State’s conclusion and observation:
Secretary of State encourages Natural England’s ongoing collaboration with North Somerset Council, landowners and other interested parties to increase the accessibility of the trail to mobility scooters where possible. Encourages ongoing communication between Natural England and the Disabled Ramblers to address the needs of people with reduced mobility.
Representation No. MCA/ABD9/R/4/ABD1684
Name of representation:
Avon Wildlife Trust
Length Report and route section(s):
Length Report 9, ABD 9-S015 to ABD 9-S020
Secretary of State’s conclusion and observation:
Secretary of State notes existing management practices can continue to be used to discourage entry to the saltmarsh. Notes that Natural England would welcome Avon Wildlife Trust’s input into its proposed interpretation panels encouraging walkers to stick to existing paths.
Representation No. (1) MCA/ ABD10/ R/1/ ABD1843, (2) MCA/ ABD10/ R/2/ ABD1843 and (3) MCA / ABD10/ R/3/ ABD1662
Name of representation:
The Disabled Ramblers (1 and 2) and North Somerset Local Access Forum (3)
Length Report and route section(s):
Length Report 10, ABD-10-S001 and ABD-10-S019
Secretary of State’s conclusion and observation:
Secretary of State encourages Natural England’s ongoing collaboration with North Somerset Council, landowners and other interested parties to increase the accessibility of the trail to mobility scooters where possible. Encourages ongoing communication between Natural England and the Disabled Ramblers to address the needs of people with reduced mobility.
Representation No. MCA/ ABD10/ R/3/ ABD1662
Name of representation:
North Somerset Local Access Forum
Length Report and route section(s):
Whole stretch (Secretary of State comments pertain to lengths ABD2 to ABD5 and ABD7 to ABD9 only)
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s clarification of its approach towards the control of dogs and use of signage on the England Coast Path.
Secretary of State encourages Natural England’s ongoing collaboration with North Somerset Council, landowners and other interested parties to increase the accessibility of the trail to mobility scooters where possible. Encourages ongoing communication between Natural England and the Disabled Ramblers to address the needs of people with reduced mobility.