Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Bamburgh to Scottish Border, length BBS3

Updated 11 November 2021

Applies to England

Introduction

On 15 January 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Bamburgh and the Scottish Border 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 BBS3. The proposals for BBS1, BBS2 and BBS4 were determined on 12 November 2020.

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

a. Bamburgh to the Scottish Border length report BBS3 – part of Natural England’s coastal access report compendium for Bamburgh to the Scottish Border submitted to the Secretary of State on 12 January 2020;

b. in accordance with paragraph 16(1)(a) of the Schedule, the objection 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 report given to the Secretary of State by the appointed person in respect of the objection 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 on 24 February 2021.

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 those proposals for the route and associated coastal margin as set out in length report BBS3.

The additional conclusions and observations of the Secretary of State in relation to the representations are set out at Annex B to this notice.

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 the objection relates.

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

A. a copy of this notice;

B. The report on the objection 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 24 February 2020; and

D. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 24 February 2020.

Natural England has also made available here:

E. Bamburgh to the Scottish Border: the compendium of coastal access reports.

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

Objection Reference: MCA/BBS3/0/1

The land in the report to which the objection relates lies within sections BBS-3-S001 and BBS-3-S002 (as shown on Map 3a). 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 BBS-3-S001 and BBS-3-S002.

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/Overview/R/1/BBS0552

Name of representation: Lichfields on behalf of Bourne Leisure

Length Report and route section(s):
Overview document, with reference to BBS-4-S009 (note that BBS-4-S009 is not within BBS3)

Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s commitment to consult with Bourne Leisure if there was a need to roll back the path onto their land. Recognises that this is due to Bourne Leisure being a landowner and ‘relevant interest’ under the Marine and Coastal Access at 2009 section 297(4).

Agrees with Natural England that the wording of the Overview does not need to be amended to reflect this.

Representation No: MCA/BBS3/R/2/BBS0554

Name of representation: Ramblers Association

Length Report and route section(s):
Length Report 3, all route sections

Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.

Representation No: MCA/BBS3/R/2/BBS0554

Name of representation: Disabled Ramblers

Length Report and route section(s):
Length Report 3, all route sections

Secretary of State’s conclusion and observation:
Secretary of State notes Natural England has fully considered accessibility during the development of proposals, and increased accessibility of the proposed route where possible. Encourages that, where practical, the accessibility of the route is maximised in the establishment of the path.