Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Aust to Brean Down length ABD1

Updated 23 June 2022

Applies to England

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 relates only to length ABD1. The proposals within length reports ABD 2, 3, 4, 5, 7, 8, 9 and 10 were determined separately on 9 July 2020. Proposals for 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 report ABD1 – part of Natural England’s compendium of coastal access reports submitted to the Secretary of State on 25 July 2019;
• b. in accordance with paragraph 16(1)(a) of the Schedule, the objections which the appointed person determined to be admissible objections;
• c. in accordance with paragraph 16(1)(b) of the Schedule, Natural England’s comments on the admissible objections 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 admissible objections;
• 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 on 18 December 2019.

In this notice –

(a)  “objection” means an objection about the coastal access report which is made under paragraph 3 of the Schedule; and

(b) “representation” means a representation about the 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 with modification the proposal for the route and associated coastal margin as set out in the coastal access report ABD1.

In the respects specified in the objections 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 reports, so far as they relate to those parts of the route (and associated coastal margin) to which the objections relate.

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 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 on 18 December 2019; and
• d. summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 18 December 2019

Natural England has also made available here:

• e. Aust to Brean Down – the compendium of coastal access reports

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

Objection Reference: MCA/ADB1/0/1/ABD150

The land in the report to which the objection relates is route sections ABD-1-S003 to S006 (as shown on map 3c). 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 sections ABD-1-S003 to ABD-1-S007. Approval is subject to a modification of the alignment of sections ABD-1-S004 to ABD-1-S007 and adding fencing to sections ABD-1-S005 and ABD-1-S006.

Objection reference: MCA/ADB1/0/2/ABD135

The land in the report to which the objection relates is route sections ABD-1-S006 to ABD-1-S016 (as shown on map 3c). 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 sections ABD-1-S006 to ABD-1-S016 (this includes the modification to the alignment of sections ABD-1-S004 to ABD-1-S007).

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.

Representation No: MCA / ABD1/ R /4/ ABD0357

Name of representation:

South Gloucestershire Council Public Rights of Way and Commons Registration Subcommittee

Length Report and route section(s):

ABD1 (ABD-1-S005 to ABD-1-S009)

Secretary of State’s conclusion and observation:

The Secretary of State notes the Subcommittee’s concerns about public safety. Is satisfied that Natural England’s proposals are consistent with the relevant legislation and the Coastal Access Scheme. Welcomes Natural England’s comments on notices and guide fencing to encourage the public to walk around two geological faults and avoid the cliff edge.

Welcomes Natural England’s offer to fund the purchase and installation of stock fencing landward of route sections ABD-1-S007 and ABD-1-S008 and seaward of route sections ABD-1-S009 and ABD-1-S010 to help the land owners to manage access alongside existing uses of the land.

Representation number: MCA / ABD1/ R /5/ ABD0357

Organisation/ person making representation:

South Gloucestershire Council Public Rights of Way and Commons Registration Subcommittee

Length Report and route section(s):

ABD1 (ABD-1-S016)

Secretary of State’s conclusion and observation:

The Secretary of State notes the Subcommittee’s concerns about pedestrian safety on Passage Road. Is satisfied Passage Road is safe for pedestrians and encourages Natural England to ensure a safe temporary route is in place during the ongoing flood defence works.

Representation number: MCA / ABD Stretch/ R/6/ ABD1417

Organisation/ person making representation:

The Ramblers (Avon Area)

Length Report and route section(s):

ABD1, ABD2 and ABD3 (Secretary of State’s comments pertain to length ABD1 only)

Secretary of State’s conclusion and observation:

The 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 number: MCA / ABD Stretch/ R/7/ ABD1899

Organisation/ person making representation:

Environment Agency

Length Report and route section(s):

ABD1, ABD2, ABD4, ABD6, ABD7, ABD10 (Secretary of State’s comments pertain to length ABD1 only ABD-1-S016 to ABD-1-S018; and ABD-1-S021 to ABD-1-S027)

Secretary of State’s conclusion and observation:

The 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.

In addition the Secretary of State is satisfied with the roll back procedures proposed for section ABD-1-S017 to ABD-1-S018 at Cake Pill and notes the potential for the new flood embankment to be become part of the route rather than Passage Road itself but this may be subject to a variation report at a later date following discussions with land owners.

Representation number: MCA / ABD Stretch/ R/8/ ABD1434

Organisation/ person making representation:

Joint Local Access Forum (Bath and North East Somerset, Bristol City and South Gloucestershire)

Length Report and route section(s):

ABD1, ABD2 and ABD3 (Secretary of State’s comments pertain to length ABD1 only)

Secretary of State’s conclusion and observation:

The 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 number: MCA/ABD Stretch/R/1/ABD1840 and MCA/ABD Overview/R/2/ABD1842

Organisation/ person making representation:

Private individual and private individual

Length Report and route section(s):

Whole stretch (The Secretary of State’s comments pertain to length ABD1 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 number: MCA/ ABD1/ R/1/ ABD1843 and MCA / ABD1/ R/3/ ABD1662

Organisation/ person making representation:

The Disabled Ramblers and North Somerset Local Access Forum

Length Report and route section(s):

Whole stretch (The Secretary of State’s comments pertain to length ABD1 only ABD 1a, 1b and 1c)

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 ID: MCA / ABD1/ R/2/ ABD1629

Organisation/ person making representation:

Aust Parish Council

Length Report and route section(s):

ABD1 (ABD-1-S001 to ABD-1-S007)

Secretary of State’s conclusion and observation:

The Secretary of State notes Aust Parish Council’s concerns about the potential health and safety issue along the cliff top between Severn Bridge and Old Aust Ferry. Notes Natural England’s comments and is satisfied the proposed route is safe for walkers.

Representation ID: MCA/ ABD1/ R/3/ ABD1662

Organisation/ person making representation:

North Somerset Local Access Forum

Length Report and route section(s):

Whole stretch (The Secretary of State’s comments pertain to length ABD1 only)

Secretary of State’s conclusion and observation:

The 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 ID: MCA / ABD1/ R/6/ ABD1606

Organisation/ person making representation:

Pilning and Severn Beach Parish Council

Length Report and route section(s):

ABD 1 (ABD-1-S019 to ABD-1-S023)

Secretary of State’s conclusion and observation:

The Secretary of State notes Pilning and Severn Beach Parish Council’s request that the saltmarsh seaward of the path should be excluded from the coastal margin. Notes Natural England’s comments and is satisfied that proposals to install signage are appropriate.

Representation number: MCA / ABD Stretch/ R/9/ ABD1911

Organisation/ person making representation:

Wildfowl and Wetlands Trust (WWT)

Length Report and route section(s):

Whole stretch (The Secretary of State’s comments pertain to length ABD1 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.