Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Cleveleys to Pier Head, lengths CPH4 and CPH6

Updated 6 April 2022

Applies to England

Introduction

On 7 October 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Cleveleys and Pier 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 lengths CPH4 and CPH6. The proposals within length reports CPH1, CPH2 and CPH3 are to be determined separately. The proposals for CPH5 were approved on the 23rd April 2021.

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

a. Cleveleys to Pier Head length reports CPH4 and CPH6 – part of Natural England’s compendium of coastal access reports submitted to the Secretary of State on 7 October 2020;
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 21 January 2021.

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 in full those proposals for the route and associated coastal margin as set out in the coastal access length reports CPH4 and CPH6, 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 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 21 January 2021; and

c. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 21 January 2021.

Natural England has also made available here:

d. Cleveleys to Pier 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/CPH(W)/R/1/1557

Name of representation: Historic England

Report Chapter and route section(s):
Whole Stretch (Secretary of State comments pertain to length CPH4 and CPH6 only)

Secretary of State’s conclusion and observation:
Secretary of State notes Historic England’s confirmation that this length would have little or no impact on the historic environment.

Representation No. MCA/CPH(W)/R/2/1629

Name of representation: The Ramblers

Report Chapter and route section(s):
Whole Stretch (Secretary of State comments pertain to length CPH4 and CPH6 only)

Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s reasoning for its use of directions.
Considers that directions have been applied appropriately and with due consideration to walkers, wildlife and other interested parties.

Representation No. MCA/CPH/W/R/4/0016

Name of representation: Open Spaces Society

Report Chapter and route section(s):
Whole Stretch (Secretary of State comments pertain to length CPH4 and CPH6 only)

Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s reasoning for its use of directions.
Considers that directions have been applied appropriately and with due consideration to walkers, wildlife and other interested parties.

Representation No. MCA/CPH4/R/4/0160

Name of representation: Lancashire County Council

Report Chapter and route section(s):
CPH-4-S001 and CPH-3-S042 (Secretary of State comments pertain to length CPH4 only)

Secretary of State’s conclusion and observation:
Secretary of State encourages continued engagement between Natural England and local stakeholders towards a partnership approach to delivering a new bridge in this location.
Notes that Natural England have started CPH4 where they, in conversation with the local council, expect would be the ideal place for a new pedestrian bridge. Notes that Natural England will modify the route in this area if this bridge is built, or if another suitable crossing point is established.

Representation No. MCA/CPH4/R/6/1629

Name of representation: The Ramblers

Report Chapter and route section(s):
CPH-4-S001 to CPH-4-S049

Secretary of State’s conclusion and observation:
Secretary of State notes the representation, which is supportive of the proposals.

Representation No. MCA/CPH4/R/8/0016

Name of representation: The Open Spaces Society

Report Chapter and route section(s):
CPH-4-S001 to CPH-4-S049

Secretary of State’s conclusion and observation:
Secretary of State notes the representation, which is supportive of the proposals.

Representation No. MCA/CPH4/R/10/1654

Name of representation: Lancashire Local Access Forum

Report Chapter and route section(s):
Not Specified

Secretary of State’s conclusion and observation:
Secretary of State encourages continued engagement between Natural England and local stakeholders towards a partnership approach to delivering a new bridge in this location.
Notes that Natural England have started CPH4 where they, in conversation with the local council, expect would be the ideal place for a new pedestrian bridge. Notes that Natural England will modify the route in this area if this bridge is built, or if another suitable crossing point is established.

Representation No. MCA/CPH6/R/3/1629

Name of representation: The Ramblers

Report Chapter and route section(s):
Length 6

Secretary of State’s conclusion and observation:
Secretary of State agrees with Natural England’s reasoning as set out in the comments and is satisfied the most appropriate route has been taken in this area.

Representation No. MCA/CPH6/R/4/0016

Name of representation: Open Spaces society

Report Chapter and route section(s):
Length 6

Secretary of State’s conclusion and observation:
Secretary of State agrees with Natural England’s reasoning as set out in the comments and is satisfied the most appropriate route has been taken in this area.

Representation No. MCA/CPH(W)/R/3/1678

Name of representation: Cycling UK

Report Chapter and route section(s):
Whole Stretch (Secretary of State comments pertain to length CPH4 and CPH6 only)

Secretary of State’s conclusion and observation:
Secretary of State notes that the provision of improved cycling infrastructure is outside the remit of the England Coast Path Project.

Representation No. MCA/CPH(W)/R/5/1681

Name of representation: Merseyside Environmental Advisory Service (MEAS)

Report Chapter and route section(s):
Whole Stretch (Secretary of State comments pertain to length CPH4 and CPH6 only)

Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation, which is supportive of the conclusions of the Habitats Regulations Assessment undertaken by Natural England.

Representation No. MCA/CPH(W)/R/6/0305

Name of representation: United Utilities

Report Chapter and route section(s):
Whole Stretch (Secretary of State comments pertain to length CPH5 only)

Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comment that there is no significant risk to United Utilities’ assets or operations. Notes that the relevant Access Authorities will discuss establishment further with owners and occupiers.

Representation No. MCA/CPH4/R/1/0770

Name of representation: Private Individual

Report Chapter and route section(s):
CPH-4-S033 & S034

Secretary of State’s conclusion and observation:
Secretary of State notes the representation, which is generally supportive of the proposals.

Representation No. MCA/CPH4/R/2/1006

Name of representation: James Mayor and Co Ltd, Tarleton Boatyard

Report Chapter and route section(s):
CPH-4-S001

Secretary of State’s conclusion and observation:
Secretary of State encourages continued engagement between Natural England and local stakeholders towards a partnership approach to delivering a new bridge in this location. Notes that Natural England have started CPH4 where they, in conversation with the local council, expect would be the ideal place for a new pedestrian bridge. Notes that Natural England expects to clearly indicate the appropriate routes for users.

Representation No. MCA/CPH4/R/3/1676

Name of representation: West Lancashire Borough Council

Report Chapter and route section(s):
CPH-4-S006

Secretary of State’s conclusion and observation:
Secretary of State is content that communication will continue between the ECP project in its establishment phase, and the linear park project.
Notes Natural England’s commitment to communicate with local stakeholders over the implementation of any roll back provision.
Secretary of State encourages continued engagement between Natural England and local stakeholders towards a partnership approach to delivering a new bridge in this location. Notes that Natural England have started CPH4 where they, in conversation with the local council, expect would be the ideal place for a new pedestrian bridge. Notes that Natural England will modify the route in this area if this bridge is built, or if another suitable crossing point is established.

Representation No. MCA/CPH4/R/5/1519

Name of representation: Hesketh with Becconsall Parish Council

Report Chapter and route section(s):
CPH-4-S008 to S010

Secretary of State’s conclusion and observation:
Secretary of State encourages continued engagement between Natural England and local stakeholders towards a partnership approach to delivering a new bridge in this location. Notes that Natural England have started CPH4 where they, in conversation with the local council, expect would be the ideal place for a new pedestrian bridge. Notes that Natural England will modify the route in this area if this bridge is built, or if another suitable crossing point is established.
Notes the slight variation that may be proposed to align route with new, improved path surface.

Representation No. MCA/CPH4/R/7/1579

Name of representation: [Private Individual]

Report Chapter and route section(s):
Lengths 3 and 4 (Secretary of State comments pertain to length CPH4 only)

Secretary of State’s conclusion and observation:
Secretary of State encourages continued engagement between Natural England and local stakeholders towards a partnership approach to delivering a new bridge in this location.
Notes that Natural England have started CPH4 where they, in conversation with the local council, expect would be the ideal place for a new pedestrian bridge. Notes that Natural England will modify the route in this area if this bridge is built, or if another suitable crossing point is established.

Representation No. MCA/CPH4/R/9/0008

Name of representation: The Disabled Ramblers

Report Chapter and route section(s):
CPH-4-S006, CPH-4-S012 to CPH-4-S017, CPH-4-S019, CPH-4-S020, CPH-4-S022, CPH-4-S023, CPH-4-S027 to CPH-4-S029, CPH-4-S030, CPH-4-S030 to CPH-4-S032 & CPH-4-S035

Secretary of State’s conclusion and observation:
Secretary of State notes the representation and encourages Natural England to work with Access Authorities and the Disabled Ramblers to increase the accessibility of the trail where possible and avoid infrastructure being the limiting factor for users with mobility issues.

Representation No. MCA/CPH6/R/1/1650

Name of representation: The Seafront Residents’ Action Group

Report Chapter and route section(s):
CPH-6-SO25

Secretary of State’s conclusion and observation:
Secretary of State notes the points raised in the representation and Natural England’s comments and is satisfied that the proposals are appropriate.

Representation No. MCA/CPH6/R/2/1677

Name of representation: Crosby and Waterloo Coastal Community Team

Report Chapter and route section(s):
CPH-6-S025 to S027

Secretary of State’s conclusion and observation:
Secretary of State is satisfied that the boundary of the landward coastal margin in this area is appropriate. Content that roll back provision is adequate in the area.