Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Gretna to Allonby, partial lengths GAL2 and GAL4 and full MR1 and MR2

Updated 2 May 2025

Applies to England

Introduction

On 25 July 2016 Natural England submitted a compendium of coastal access reports relating to the stretch of coast between Gretna to Allonby 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 the partial approval of GAL2 and GAL4, as well as Modification Report 1 (MR1) and Modification Report 2 (MR2). The proposals for the route sections, spanning from the Scottish Border at Gretna to north of Kirkandrews-on-Eden, east of Drumburgh Castle to the western edge of Anthorn Marsh, and from the western edge of Anthorn Marsh to Rumbling Bridge, were approved on 1 October 2021. The proposals concerning the remainder of the route, including Modification Report 3 (MR3), are yet to be proposed to the government by NE.

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

a. Gretna to Allonby length reports GAL2 and GAL4 – part of Natural England’s coastal access report compendium for Gretna to Allonby submitted to the Secretary of State on 25 July 2016

b. Modification report MR1 – proposed changes to the King Charles III England Coast Path proposals for Gretna to Allonby submitted to the Secretary of State on 9 May 2022

c. Modification report MR2 – proposed changes to the King Charles III England Coast Path proposals for Gretna to Allonby submitted to the Secretary of State on 6 July 2022

d. in accordance with paragraph 16(1)(a) of the Schedule, the objections which the appointed person determined to be an admissible objection

e. 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

f. 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 an admissible objection

g. 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 in September 2016 for Gretna to Allonby Chapter 2 and Chapter 4, in July 2022 for MR1, and in September 2022 for MR2

h. Section 245 of the Levelling Up and Regeneration Act 2023 imposes a duty upon the Secretary of State, when exercising any function which has any effect upon land in a an Area of Outstanding Natural Beauty to seek to the further the purposes of those areas. In this case the creation of coastal access in and around these Areas of Outstanding Natural Beauty may have an effect upon them. However, in making this decision the Secretary of State has sought to further the purpose of the conservation and enhancement of these Area of Outstanding Natural Beauty by satisfying itself that no harm will come to these areas as a result of the creation of the new coastal access

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 part of the proposals for the route and associated coastal margin as set out in the length reports for Gretna to Allonby chapters 2 and 4, and has granted full approval for MR1 and MR2.

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.   

Where proposals are approved in full, 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 in September 2016 for Gretna to Allonby chapter 2 and chapter 4, in July 2022 for MR1, and in September 2022 for MR2

d. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State in September 2016 for Gretna to Allonby chapter 2 and chapter 4, in July 2022 for MR1, and in September 2022 for MR2.

Natural England has also made available here:

e. Gretna to Allonby - the compendium of coastal access reports

f. Coastal Access Modification Reports MR1 and MR2 - proposed changes to the King Charles III England Coast Path proposals for Gretna to Allonby

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

We received a total of 8 objections regarding the proposed route sections. Of these, 6 objections have been deemed void. Objections MCA/GAL/O/12/GAL0110, MCA/GAL/O/11/GAL0810, and MCA/GAL/O/7/GAL0811 were made void by the publication of Modification Report 1 (MR1), which introduced new alignments that addressed the concerns raised. Similarly, objections MCA/GAL/O/8/GAL0789 and MCA/GAL/O/2/GAL0096 and MCA/GAL/O/8/GAL0447 were made void by the publication of Modification Report 2 (MR2). These modifications effectively resolved the issues raised in the objections, nullifying them. As for the two remaining objections, MCA/GAL/O/3/GAL0387 and MCA/GAL/MR2/O/1/0958, the Planning Inspector ruled against them and concluded that the proposals do not fail to strike a fair balance.

Objection Reference: MCA/GAL/O/3/GAL0387

The land in the Report to which the objection relates is route section GAL-4-S011. The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and agrees with the inspector’s conclusion that the proposed sections of the King Charles III England Coast Path are unlikely to cause significant negative impacts concerning the issues raised around safety risks from flooding, livestock disturbance, and wildlife protection. These concerns can be mitigated with appropriate signage, measures requiring dogs to be kept on leads near livestock, and restrictions on access to sensitive wildlife areas, as well as the use of the B5307 road during high tides, ensuring the safety of both walkers and the local environment. Consequently, the Secretary of State approves the proposals in relation to this route section.

Objection Reference: MCA/GAL/MR2/O/1/0958

The land in the Report to which the objection is route section GAL-MR2-S001. The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and agrees with the inspector’s conclusion that the proposed sections of the King Charles III England Coast Path are unlikely to cause significant negative impacts concerning the issues raised around loss of productive land, proposed fencing, disturbances to wildlife, livestock and farming as well as the lack of compensation. These concerns can be mitigated with appropriate fencing, signage, and a year-round restriction requiring dogs to be kept on leads, ensuring minimal disturbance to wildlife and livestock. Consequently, the Secretary of State approves the proposals in relation to this route section.

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.

Representations to the whole stretch

Representation number:  MCA/GAL/R/4/GAL0012

Organisation/ person making representation: Open Spaces Society

Route section(s) specific to this representation:  GAL-1-S007 to GAL-1-S020, GAL-1-S033 to GAL-1-S046, GAL-1-S088 to GAL-1-S096, GAL-2-A011 to GAL-2-A023, GAL-2-S058 to GAL-2-S065, GAL-2-S100, GAL-2-S101, GAL-3-S005 GAL-3-S027, GAL-3-S037 to GAL-3-S039

Other reports within stretch to which this representation also relates:  N/A

Secretary of State’s conclusion and observation:
The Secretary of State notes the Open Spaces Society’s concerns regarding restrictions to the route, the suitability of proposed infrastructure and signage at car parks on commons. However, the Secretary of State supports Natural England’s position that the proposed restrictions were carefully considered with input from conservation specialists, and that no existing rights of access will be affected. The Secretary of State also notes that infrastructure design will be managed by Cumbria County Council, and that optional alternative routes will be available to ensure public safety and access during tidal conditions.

Representation number:  MCA/GAL/ R/5/GAL0020

Organisation/ person making representation: Ramblers Association

Route section(s) specific to this representation:  Whole report

Other reports within stretch to which this representation also relates:  N/A

Secretary of State’s conclusion and observation:
The Secretary of State notes the Ramblers’ concerns regarding the use of s25A restrictions under the Countryside and Rights of Way Act 2000, on saltmarshes and flats, as these may affect conservation activities, as well as concerns about the design of steps, particularly for less mobile walkers. However, the Secretary of State supports Natural England’s position that the restrictions are necessary for public safety. The Secretary of State also notes that conservation activities will still be possible with landowner consent, and that Cumbria County Council will manage the design of the route, addressing concerns about accessibility.

Representation number:  MCA/GAL/R/6/GAL0654

Organisation/ person making representation: [redacted]

Route section(s) specific to this representation:  Whole report

Other reports within stretch to which this representation also relates:  N/A

Secretary of State’s conclusion and observation:
The Secretary of State notes the representations’ concerns regarding public safety, livestock health, and environmental impacts along the Burgh Marsh section of the trail. However, the Secretary of State supports Natural England’s position that measures, such as exclusions in certain areas of the Solway estuary and the provision of alternative routes, will address safety risks. The Secretary of State also notes that responsible access will be encouraged through clear signage and information, and that Natural England will collaborate with local authorities to ensure the ongoing maintenance and management of the trail in accordance with National Trails guidelines.

Representation number:  MCA/GAL/R/9/GAL0812

Organisation/ person making representation: National Grid

Route section(s) specific to this representation:  GAL-1-S004, GAL-1-S005, GAL-1-S015, GAL-1-S039, GAL-1-S040, GAL-1-S071 to GAL-1-S082, GAL-2-S023, GAL-2-S030

Other reports within stretch to which this representation also relates:  N/A

Secretary of State’s conclusion and observation:
The Secretary of State notes National Grid’s concerns regarding public safety, the security of infrastructure, and the practicalities of managing public access during infrastructure maintenance or development. However, the Secretary of State supports Natural England’s position that no potential conflicts with National Grid infrastructure were identified during route planning. The Secretary of State also notes that exclusions or restrictions can be implemented on safety or land management grounds during operational work by National Grid, and that coastal access rights will not impede future land development.

Representation number:  MCA/GAL/R/15/GAL0064

Organisation/ person making representation: United Utilities plc

Route section(s) specific to this representation:  Whole report

Other reports within stretch to which this representation also relates:  N/A

Secretary of State’s conclusion and observation:
The Secretary of State notes United Utilities’ concerns regarding the protection of assets such as water supply infrastructure and the need for prior approval before undertaking works near United Utilities’ infrastructure. The Secretary of State supports Natural England’s position that Cumbria County Council will ensure compliance with legislation and best practices during the establishment works, including securing necessary consents and engaging with landowners. The Secretary of State also notes that exclusions or restrictions can be implemented on safety or land management grounds during operational work by United Utilities and that coastal access rights will not impede future land development.

Representations to GAL2

Representation number:  MCA/GAL/ R/8/GAL0766

Organisation/ person making representation: Hadrian’s Wall World Heritage Site Partnership Board

Route section(s) specific to this representation:  GAL-2-A008 to GAL-2-A010, GAL-2-S072 to GAL-2-S074

Other reports within stretch to which this representation also relates:  N/A

Secretary of State’s conclusion and observation:
The Secretary of State notes the Hadrian’s Wall World Heritage Site Partnership Board’s concerns regarding the financial sustainability of maintaining the Hadrian’s Wall Path National Trail alongside the proposed route, as well as the potential impact on the archaeological remains along the route. However, the Secretary of State supports Natural England’s position that extensive consultations were conducted with Historic England and Cumbria County Council, and that the proposals will not undermine conservation objectives for the historic environment. The Secretary of State also notes that once established, the King Charles the III England Coast Path will be part of the family of National Trails, and long-term funding and management arrangements will apply.

Representation number:  MCA/GAL/R10/GAL0826

Organisation/ person making representation: Burgh by Sands Parish Council

Route section(s) specific to this representation:  Chapter 2 (maps 2i, 2h, 2g, 2f)

Other reports within stretch to which this representation also relates:  N/A

Secretary of State’s conclusion and observation:
The Secretary of State notes Burgh by Sands Parish Council’s concerns regarding the durability of the proposed bridges, safety risks due to inundation and speeding traffic, and livestock health and environmental impacts. However, the Secretary of State supports Natural England’s position that Cumbria County Council will manage the establishment works, with careful design to ensure infrastructure resilience. The Secretary of State also notes that there will be exclusions for certain dangerous areas as well as the provision of an alternative route along the embankment at Burgh Marsh. Responsible access will also be encouraged through clear signage and information to ensure safety for both walkers and wildlife.

Representation number:  MCA/GAL/R/12/GAL0682

Organisation/ person making representation: [redacted]

Route section(s) specific to this representation:  GAL-2-S048, GAL-2-S051

Other reports within stretch to which this representation also relates:  N/A

Secretary of State’s conclusion and observation:
The Secretary of State notes the landowner’s desire to ensure that the tenant of the land is consulted as part of the proposed route. The Secretary of State acknowledges that the tenant has been consulted and has submitted an objection to the proposals under the ID MCA/GAL/O/12/GAL0110.

Representation number:  MCA/GAL/R/17/GAL0020

Organisation/ person making representation: The Ramblers

Route section(s) specific to this representation:  GAL-2-A011, GAL-2-A012, GAL-2-A013, GAL-2-A014, GAL-2-A015, GAL-2-A016, GAL-2-A017, GAL-2-A018, GAL-2-A019, GAL-2-A020, GAL-2-A021, GAL-2-A022, GAL-2-A023, GAL-2-S058, GAL-2-S059, GAL-2-S060, GAL-2-S061, GAL-2-S062, GAL-2-S063, GAL-2-S064, GAL-2-S065, GAL-2-S100, GAL-2-S101

Other reports within stretch to which this representation also relates:  N/A

Secretary of State’s conclusion and observation:
The Secretary of State notes the Ramblers’ concerns regarding road walking, seasonal restrictions, and the request to reconsider the route alignment at certain points in favour of diverting it into adjacent fields. However, the Secretary of State supports Natural England’s position, acknowledging that alternative routes were carefully considered but ultimately deemed unfeasible due to safety and nature conservation concerns.

Representations to GAL4

Representation number:  MCA/GAL/R/19/GAL0020

Organisation/ person making representation: The Ramblers

Route section(s) specific to this representation:  Chapter 4

Other reports within stretch to which this representation also relates:  N/A

Secretary of State’s conclusion and observation:
The Secretary of State thanks The Ramblers for their support of the proposed route.

Representation number:  MCA/GAL/R11/GAL0881

Organisation/ person making representation: RSPB

Route section(s) specific to this representation:  GAL-4-S001 GAL-4-S015

Other reports within stretch to which this representation also relates:  N/A

Secretary of State’s conclusion and observation:
The Secretary of State acknowledges the RSPB’s concerns regarding disturbances to sensitive bird species. However, the Secretary of State supports Natural England’s position and understands that it has conducted a thorough Access and Sensitive Features Appraisal to assess the potential impacts on bird populations. The Secretary of State notes that coastal access rights from Anthorn to Saltcotes will be restricted, and exclusions will also be in place in other vulnerable areas to mitigate these impacts. Additional mitigation measures, including clear signage and requirements to keep dogs on leads, will further ensure the protection of these habitats.

Representations to MR1

Representation number:  MCA/GAL/MR1/R/1/0883

Organisation/ person making representation: [redacted] (Environment Agency)

Route section(s) specific to this representation:  GAL-MR1-S001 to S012

Other reports within stretch to which this representation also relates:  N/A

Secretary of State’s conclusion and observation:
The Secretary of State notes the Environment Agency’s advice on the need for permits or exemptions for activities near main rivers, flood defences, or in floodplains. However, the Secretary of State supports Natural England’s position that Cumbria County Council, responsible for managing establishment works for the proposed route, will be aware of these constraints, and notes that Natural England has also forwarded this advice to the council.

Representation number:  MCA/GAL/MR1/R/2/0023

Organisation/ person making representation: [redacted] (Historic England)

Route section(s) specific to this representation:  GAL-MR1-S001 to S012

Other reports within stretch to which this representation also relates:  N/A

Secretary of State’s conclusion and observation:
The Secretary of State thanks Historic England for their support of the proposed route.

Representation number:  MCA/GAL/MR1/R/3/0013

Organisation/ person making representation: [redcated] (The Ramblers)

Route section(s) specific to this representation:  GAL-MR1-S005, S006 & S010

Other reports within stretch to which this representation also relates:  N/A

Secretary of State’s conclusion and observation:
The Secretary of State notes the concerns raised by the Ramblers and Open Spaces Society regarding fencing on the proposed route and the alignment along an embankment. However, the Secretary of State supports Natural England’s position that these changes are necessary to prevent livestock damage to the trail and to provide a safer, more accessible route during high tides. Additionally, the embankment alignment offers better separation from traffic, superior coastal views, and has fewer impacts on conservation sites.

Representation number:  MCA/GAL/MR1/R/4/0012

Organisation/ person making representation: [redacted] (The Open Spaces Society)

Route section(s) specific to this representation:  GAL-MR1-S005, S006 & S010

Other reports within stretch to which this representation also relates:  N/A

Secretary of State’s conclusion and observation:
The Secretary of State notes the concerns raised by the Ramblers and Open Spaces Society regarding fencing on the proposed route and the alignment along an embankment. However, the Secretary of State supports Natural England’s position that these changes are necessary to prevent livestock damage to the trail and to provide a safer, more accessible route during high tides. Additionally, the embankment alignment offers better separation from traffic, superior coastal views, and has fewer impacts on conservation sites.

Representations to MR2

Representation number:  MCA/GAL/MR2/R/1/0020

Organisation/ person making representation: [redacted] (The Ramblers)

Route section(s) specific to this representation:  GAL-MR2-S001

Other reports within stretch to which this representation also relates:  N/A

Secretary of State’s conclusion and observation:
The Secretary of State thanks the Ramblers for their engagement in the consultation process.

Representation number:  MCA/GAL/MR2/R/2/0012

Organisation/ person making representation: [redacted] (The Open Spaces Society)

Route section(s) specific to this representation:  GAL-MR2-S001

Other reports within stretch to which this representation also relates:  N/A

Secretary of State’s conclusion and observation:
The Secretary of State thanks the Ramblers for their engagement in the consultation process.

Representation number:  MCA/GAL/MR2/R/3/0023

Organisation/ person making representation: [redacted] (Historic England)

Route section(s) specific to this representation:  GAL-MR2-S001

Other reports within stretch to which this representation also relates:  N/A

Secretary of State’s conclusion and observation:
The Secretary of State thanks Historic England’s for their support of the proposed route.