Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Calshot to Gosport, lengths CCG1 and CCG2
Updated 11 November 2021
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Introduction
On 17 July 2019 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Calshot and Gosport 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 lengths CCG1 and CCG2. The proposals for CCG3 were determined on 23 January 2020.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Calshot to Gosport length reports CCG1 and CCG2 – part of Natural England’s coastal access report compendium for Calshot to Gosport submitted to the Secretary of State on 17 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 report 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 5 June 2020.
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 reports CCG1 and CCG2.
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 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. They therefore approve 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.
The Secretary of State has made available at www.gov.uk:
A. a copy of this notice;
B. The report 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 5 June 2020; and
D. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 5 June 2020.
Natural England has also made available here:
E. Calshot to Gosport: the compendium of coastal access reports.
Annex A: objections which did not fail to strike a “fair balance”
Objection reference: MCA/CCG1/0/1
The land in the report to which the objection relates lies within sections CCG-1-S072 to CCG-1-S076 (as shown on Map 1h). 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 CCG-1-S072 to CCG-1-S076.
Objection reference: MCA/CCG2/0/1
The land in the report to which the objection relates lies within sections CCG-2-S047 to CCG-2-S049 (as shown on Map 2e). 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 CCG-2-S047 to CCG-2-S049.
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/CCG Stretch/R/1/CCG1626
Name of representation: The Solent Recreation Mitigation Partnership (Bird Aware Solent)
Length report and route section(s):
Whole stretch (note Secretary of State’s comments pertain only to lengths CCG1 and CCG2).
Secretary of State’s conclusion and observation:
Secretary of State welcomes constructive engagement with Natural England and notes Natural England has worked closely with Bird Aware Solent during development of proposals.
Notes Natural England are satisfied that proposed mitigation measures will prevent disturbance to breeding and overwintering birds.
Encourages continued close working between Natural England and Bird Aware Solent during the implementation stage.
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/CCG Stretch/R/2/CCG0019
Name of representation: Ramblers Association
Length report and route section(s):
Whole stretch (note Secretary of State’s comments pertain only to lengths CCG1 and CCG2).
Secretary of State’s conclusion and observation:
Secretary of State welcomes representation and positive consultation with Natural England.
Representation No: MCA/CCG Stretch/R/3/CCG0019
Name of representation: Ramblers Association
Length report and route section(s):
Whole stretch (note Secretary of State’s comments pertain only to lengths CCG1 and CCG2).
Secretary of State’s conclusion and observation:
Secretary of State welcomes representation and notes Natural England would welcome further input as route signage is implemented.
Representation No: MCA/CCG Stretch/R/4/CCG1650
Name of representation: Hampshire Countryside Access Forum
Length report and route section(s):
Whole stretch (note Secretary of State’s comments pertain only to lengths CCG1 and CCG2).
Secretary of State’s conclusion and observation:
Secretary of State welcomes positive and constructive engagement between Hampshire Countryside Access Forum and Natural England.
Representation No: MCA/CCG1/R/1/CCG1648
Name of representation: New Forest Local Access Forum
Length report and route section(s):
Length report 1, map 1a to 1f
Secretary of State’s conclusion and observation:
Secretary of State notes comments and welcomes support for Natural England’s proposals.
Representation No: MCA/CCG1/R/3/CCG1628
Name of representation: New Forest National Park Authority
Length report and route section(s):
Length report 1, CCG-1-S001
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No: MCA/CCG Stretch/R/5/CCG1619
Name of representation: Solent Protection Society
Length report and route section(s):
Whole stretch (note Secretary of State’s comments pertain only to lengths CCG1 and CCG2)
Secretary of State’s conclusion and observation:
Secretary of State notes comments and welcomes support for Natural England’s proposals. Welcomes Natural England’s proposal to install appropriate interpretation panels and seasonal guide fencing to protect wildlife and the environment.
Representation No: MCA/CCG1/R/5/CCG0008
Name of representation: The Disabled Ramblers
Length report and route section(s):
Whole stretch (note Secretary of State’s comments pertain only to lengths CCG1 and CCG2).
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England has considered accessibility fully during development of proposals, and increased accessibility of the proposed route where possible. Encourages ongoing consultation with the Disabled Ramblers to support Natural England’s approach to increase accessibility along the England Coast Path route.
Representation No: MCA/CCG1/R/5/CCG0008
Name of representation: New Forest District Council
Length report and route section(s):
Length report 1, map 1a to 1f
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals. Notes Natural England is satisfied that proposed mitigation measures will prevent disturbance to breeding and overwintering birds.
Representation No: MCA/CCG1/R/2/CCG0097
Name of representation: Private individual
Length report and route section(s):
Length report 1, CCG-1-S046
Secretary of State’s conclusion and observation:
Secretary of State notes representation and Natural England’s comments. Welcomes Natural England’s commitment to discuss repairs to the fence as part of the establishment works.
Representation No: MCA/CCG2/R/8/CCG1650
Name of representation: Hampshire Countryside Access Forum
Length report and route section(s):
Length report 2 and 3, map 2e and 3a (note Secretary of State’s comments pertain to length CCG2 only).
Secretary of State’s conclusion and observation:
Secretary of State notes the reasons set out by Natural England and is satisfied that the ferry is the most suitable option for crossing the River Hamble.
Notes that an optional alternative route would not be considered to strike a fair balance in terms of disturbance to wildlife and the significant additional costs associated with maintenance and disturbance mitigation. Notes it is possible to cross the river on foot using existing access rights.
Representation No: MCA/CCG2/R/5/CCG0019
Name of representation: Ramblers Association
Length report and route section(s):
Length report 2 and 3, map 2e and 3a (note Secretary of State’s comments pertain to length CCG2 only).
Secretary of State’s conclusion and observation:
Secretary of State notes the reasons set out by Natural England and is satisfied that the ferry is the most suitable option for crossing the River Hamble.
Notes that an optional alternative route would not be considered to strike a fair balance in terms of disturbance to wildlife and the significant additional costs associated with maintenance and disturbance mitigation. Notes it is possible to cross the river on foot using existing access rights.
Representation No: MCA/CCG2/R/5/CCG0019
Name of representation: Ramblers Association
Length report and route section(s):
Length report 2, CCG-2-S049
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comments and is satisfied the most appropriate route has been proposed in this area.
Representation No: (i) MCA/CCG2/R/4/CCG1618 and (ii) MCA/CCG2/R/1/CCG1649
Name of representation: (i) Hamble River Valley Forum and (ii) Curdridge Parish Council
Length report and route section(s):
Length report 2 and 3, map 2e and 3a (note Secretary of State’s comments pertain to length CCG2 only).
Secretary of State’s conclusion and observation:
Secretary of State notes the reasons set out by Natural England and is satisfied that the ferry is the most suitable option for crossing the River Hamble.
Notes that an optional alternative route would not be considered to strike a fair balance in terms of disturbance to wildlife and the significant additional costs associated with maintenance and disturbance mitigation. Notes it is possible to cross the river on foot using existing access rights.
Representation No: MCA/CCG2/R/3/CCG1640
Name of representation: Hamble Conservation Volunteers
Length report and route section(s):
Length report 2, CCG-2-S048 to CCG-2-S050
Secretary of State’s conclusion and observation:
Secretary of State notes representation and Natural England’s comments. Notes the proposed route for the trail is already used and does not enter nightjar breeding territories and is satisfied the most appropriate route has been proposed in this area.
Representation No: MCA/CCG2/R/2/CCG0095
Name of representation: Hamble le Rice Parish Council
Length report and route section(s):
Length report 2 and 3, map 2e and 3a (note Secretary of State’s comments pertain to length CCG2 only).
Secretary of State’s conclusion and observation:
Secretary of State notes the reasons set out by Natural England and is satisfied that the ferry is the most suitable option for crossing the River Hamble.
Notes that an optional alternative route would not be considered to strike a fair balance in terms of disturbance to wildlife and the significant additional costs associated with maintenance and disturbance mitigation. Notes it is possible to cross the river on foot using existing access rights.