Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Kimmeridge Bay to Highcliffe
Updated 11 November 2022
Applies to England
© Crown copyright 2022
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Introduction
On 21 June 2017 Natural England submitted a coastal access report relating to the stretch of land between Kimmeridge Bay and Highcliffe 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 Chapter 1 to Chapter 5 and Chapter 7. The proposals for Chapter 6 are not yet determined following a court order by consent to quash the previous approval of that Chapter.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Kimmeridge Bay to Highcliffe Chapter 1 to Chapter 5 and Chapter 7 – part of Natural England’s coastal access report submitted to the Secretary of State on 21 June 2017;
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 in August 2018.
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 with modification those proposals for the route and associated coastal margin as set out in the coastal access report.
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 A to this notice.
Where proposals are approved with modification, the additional conclusions and observations of the Secretary of State in relation to the representations are set out at Annex B to this notice.
These proposals are within the scope of the judgement by the Court of Justice of the European Union known as People over Wind (C-323/17), which concerned the approach to completing Habitats Regulations Assessments (HRAs). The judgement was passed after proposals for the Kimmeridge Bay to Highcliffe stretch were published but before they were approved by the Secretary of State.
To comply with the judgement, the Secretary of State asked Natural England to review its HRA for this stretch. In making their decision, the Secretary of State has taken the revised HRA into account. Representations and Natural England’s comments on them were made before the judgement was passed and should therefore be read in this context. The revised HRA and the representations are published alongside this notice.
The Secretary of State has made available at www.gov.uk:
a. a copy of this notice
b. the revised Habitats Regulations Assessment
c. representations submitted against the original report 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 August 2018
d. Summary of other representations submitted against the original report, and Natural England’s comments on those representations, which it sent to the Secretary of State in August 2018
Natural England has also made available here:
e. Kimmeridge Bay to Highcliffe: the coastal access report
Annex A: Conclusions and observations on representations without modifications
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\Kimmeridge Bay to Highcliffe\R\32\LCH0016
Name of representation:
Open Spaces Society
Report chapter and route section(s):
Overview, Chapter 9 pp. 29-32
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments and reasoning as set out in the Overview. Is satisfied Natural England’s proposals are appropriate and consistent with the Coastal Access Scheme.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\22\LCH1274
Name of representation:
Dorset, Poole and Bournemouth Local Access Forum
Report chapter and route section(s):
Chapter 2, LCH-2-S027 to LCH-2-S028
Secretary of State’s conclusion and observation:
Secretary of State welcomes confirmation the steps on route section LCH-2-S027 have already been repaired. Notes Natural England’s overall proposals for establishment works in this area and is satisfied the proposed route is appropriate.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\11|LCH1508
Name of representation:
Environment Agency
Report chapter and route section(s):
Chapters 3, 5, 6 and 7, maps 3a, 5a-h, 6a and b and 7b and c (Secretary of State’s comments relate only to Chapter 1 to Chapter 5 and Chapter 7)
Secretary of State’s conclusion and observation:
Secretary of State’s comments relate only to parts of the route that have been approved in this notice.
Notes the representation and welcomes Natural England’s assurance that the trail will not impede beach management works.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\12\LCH1574
Name of representation:
Ramblers Association
Report chapter and route section(s):
Chapter 3, LCH-3-S026 to LCH-3-S030
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comments and is satisfied the proposed route is appropriate.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\21\LCH0016
Name of representation:
Open Spaces Society
Report chapter and route section(s):
Chapter 3, LCH-3-S021 to LCH-3-S031
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comments and is satisfied the route proposed by the Open Spaces Society was fully considered. Is satisfied the proposed route is appropriate.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\23\LCH1274
Name of representation:
Dorset, Poole and Bournemouth Local Access Forum
Report chapter and route section(s):
Chapter 4, LCH-4-S003 to LCH-4-S004
Secretary of State’s conclusion and observation:
Secretary of State notes concerns expressed by the Local Access Forum but is satisfied that additional infrastructure for the safety of walkers is not required.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\24\LCH1274
Name of representation:
Dorset, Poole and Bournemouth Local Access Forum
Report chapter and route section(s):
Chapter 4, map 4c, specifically LCH-4-S012 and LCH-4-S013
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s clarification that surfacing improvements to route section LCH-4-S012 will be carried out during the trail establishment phase. Notes these improvements will make the trail easier to use for those with limited mobility.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\13\LCH1574
Name of representation:
Ramblers Association
Report chapter and route section(s):
Chapter 5, LCH-5-S002 to LCH-5-S003
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comments and is satisfied the proposed route is appropriate. Notes that any future redevelopment in this area may facilitate an improved route along the seawall and that Natural England has raised this with the local planning authority.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\25\LCH1274
Name of representation:
Dorset, Poole and Bournemouth Local Access Forum
Report chapter and route section(s):
Chapter 4, LCH-5-S001 to LCH-5-S003
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comments and is satisfied the proposed route is appropriate. Notes that any future redevelopment in this area may facilitate an improved route along the seawall and that Natural England has raised this with the local planning authority.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\29\LCH1577
Name of representation:
Hampshire RoamAbility & Disabled Ramblers
Report chapter and route section(s):
Chapter 7, LCH-7-S011
Secretary of State’s conclusion and observation:
Secretary of State notes the zigzag path has subsequently reopened, and in consequence that Natural England and Christchurch Borough Council are no longer discussing the creation of an accessible route at LCH-7-S011.
Welcomes Natural England’s intention to signpost an informal accessible alternative route via Highcliffe Castle.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\6\LCH0113
Name of representation:
Swanage Town Council
Report chapter and route section(s):
Chapters 2 and 3, maps 2a to 2e, 3a and 3b
Secretary of State’s conclusion and observation:
Secretary of State notes representation and welcomes support for Natural England’s proposed improvements between Peveril Point and Shep’s Hollow.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\9\LCH1573
Name of representation:
Path Committee, South West Coast Path Association
Report chapter and route section(s):
Chapter 3, LCH-3-S026 to LCH-3-S030
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comments and is satisfied the proposed route is appropriate.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\14\LCH1261
Name of representation:
National Trails Officer, South West Coast Path Association
Report chapter and route section(s):
Chapter 3, LCH-3-S026 to LCH-3-S030
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comments and is satisfied the proposed route is appropriate.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\20\LCH1569
Name of representation:
National Trails Officer, South West Coast Path Association
Report chapter and route section(s):
Chapter 3, LCH-3-S026 to LCH-3-S030
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comments and is satisfied the proposed route is appropriate.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\20\LCH1569
Name of representation:
Purbeck District Council
Report chapter and route section(s):
Chapter 3, all route sections
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\3\LCH1334
Name of representation:
Private individual
Report chapter and route section(s):
Chapter 5, all route sections
Secretary of State’s conclusion and observation:
Secretary of State notes representation and Natural England’s comments. Is satisfied Natural England’s proposals are appropriate.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\10 \LCH1573
Name of representation:
South West Coast Path Association
Report chapter and route section(s):
Chapter 5, LCH-5-S002
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comments and is satisfied the proposed route is appropriate. Notes that any future redevelopment in this area may facilitate an improved route along the seawall and that Natural England has raised this with the local planning authority.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\17\LCH1450
Name of representation:
Private individual
Report chapter and route section(s):
Overview Report, section 10 ‘Christchurch Harbour’
Secretary of State’s conclusion and observation:
Secretary of State notes the representation relates to part of the route within Chapter 6 that is yet to be determined.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\1\LCH1567
Name of representation:
Friends of Highcliffe Beaches and Cliffs Interest Group
Report chapter and route section(s):
Chapter 7, LCH-7-S010 to LCH-7-S013
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals. Notes Natural England’s comments regarding a border marker.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\5\LCH1334
Name of representation:
Private individual
Report chapter and route section(s):
Chapter 7, maps 7b and 7c
Secretary of State’s conclusion and observation:
Secretary of State notes the suggested modifications and Natural England’s comments but is satisfied Natural England’s proposals are appropriate. Notes the zigzag path has subsequently reopened and welcomes Natural England’s intention to signpost this route for walkers who choose to use it.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\7\LCH1273
Name of representation:
Christchurch Borough Council
Report chapter and route section(s):
Chapter 7, maps 7b and 7c
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals and encourages signage of other routes to Highcliffe Castle for walkers who choose to use them. Welcomes Natural England’s assurance it will work collaboratively to design appropriate interpretation panels.
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\36\LCH1580
Name of representation:
Private individual
Report chapter and route section(s):
Chapter 7, maps 7b
Secretary of State’s conclusion and observation:
Secretary of State notes the zigzag path has subsequently reopened, and in consequence that Natural England and Christchurch Borough Council are no longer discussing the creation of an accessible route at LCH-7-S011.
Welcomes Natural England’s intention to signpost an informal accessible alternative route via Highcliffe Castle.
Notes Natural England’s comments regarding rollback and is satisfied the proposals are appropriate.
Annex C: Conclusions and observations on modifications
Representation No. MCA\Kimmeridge Bay to Highcliffe\R\18\LCH0030
Name of representation:
Belle Vue Residents Association Ltd
Report chapter and route section(s):
Chapter 2, LCH-2-S037 to LCH-2-S044
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s acknowledgement that some landward coastal margin was included in error. In view of this, Secretary of State approves the proposals subject to modification for route sections LCH-6-S037 and LCH-6-S038. The modification is to remove additional landward coastal margin at these route sections.
Understands that since publication of proposals the path here has deteriorated. Notes that if conditions do not improve Natural England may seek to explore a suitable alternative.