Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Marsland Mouth to Newquay, lengths MNQ2 and MNQ6
Updated 7 July 2021
Applies to England
© Crown copyright 2021
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Introduction
On 9 October 2019 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Marsland Mouth and Newquay 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 MNQ2 and MNQ6. The proposals within length reports MNQ1, MNQ3 to MNQ5 and MNQ7 to MNQ11 were determined separately on 9 July 2020.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Marsland Mouth to Newquay length reports MNQ2 and MNQ6 – part of Natural England’s compendium of coastal access reports submitted to the Secretary of State on 9 October 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 reports given to the Secretary of State by the appointed person in respect of the objection 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 12 March 2020.
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 with modification those proposals for the route and associated coastal margin as set out in the coastal access reports MNQ2 and MNQ6.
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. 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 C 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. The Secretary of State therefore approves the proposals set out in the coastal access report, with one modification, so far as they relate to those parts of the route (and associated coastal margin) to which the objections relate.
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 on 12 March 2020; and
d. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 12 March 2020.
Natural England has also made available here:
e. Marsland Mouth to Newquay – the compendium of coastal access reports.
Annex A: Objections which did not fail to strike a ‘fair balance’
Objection Reference: MCA/MNQ2/0/1
The land in the Report to which the objection relates is route section MNQ-2-S059 (as shown on map 2d). 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 section MNQ-2-S059. Approval is subject to the modification set out at paragraphs 20 and 21 of the report given to the Secretary of State by the appointed person into objection MCA/MNQ2/0/1. The report is published alongside this notice.
Objection Reference: MCA/MNQ2/0/2
The land in the Report to which the objection relates is route sections MNQ-6-S091 to MNQ-2-S096 (as shown on map 2g). 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 section MNQ-2-S096.
Objection Reference: MCA/MNQ6/0/1
The land in the Report to which the objection relates is route section MNQ-6-S087 (as shown on map 6e). 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 section MNQ-2-S087.
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/stretch/R/2/MNQ1033
Name of representation: Environment Agency
Length Report and route section(s): Whole stretch (note Secretary of State comments pertain to MNQ2 and MNQ6 only)
Secretary of State’s conclusion and observation: Secretary of State notes there are no proposed works within 16m of a main river or flood defences within these proposals and that roll back will enable the trail to move inland in response to future erosion.
Representation No. MCA/MNQ2/R/2/MNQ0973
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s): Length Report 2, MNQ-2-S066 to MNQ-2-S079
Secretary of State’s conclusion and observation: Secretary of State notes Natural England has passed the representation to the access authority.
Representation No. MCA/MNQ2/R/3/MNQ0973
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s): Length Report 2, MNQ-2-S065
Secretary of State’s conclusion and observation: Secretary of State notes the new boardwalk and footbridge will be accessible to mobility scooters.
Representation No. MCA/MNQ2/R/6/MNQ0975
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s): Length Report 2, MNQ-2-S059 and MNQ-2-S060
Secretary of State’s conclusion and observation: Secretary of State notes the kissing gate will no longer be used as part of the England Coast Path due to a modification to the route in this area.
Representation No. MCA/MNQ2/R/7/MNQ0975
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s): Length Report 2, MNQ-2-S001 to MNQ-2-S041 and MNQ-2-S066 to MNQ-2-S079
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/MNQ2/R/1/MNQ1030
Name of representation: Private individual
Length Report and route section(s): Length Report 2, MNQ-2-S033
Secretary of State’s conclusion and observation: Secretary of State notes Natural England’s comments.
Representation No. MCA/MNQ2/R/4/MNQ1031
Name of representation: South West Coast Path Association
Length Report and route section(s): Length Report 2, MNQ-2-S066 to MNQ-2-S079
Secretary of State’s conclusion and observation: Secretary of State notes Natural England has passed the representation to the access authority.
Representation No. MCA/MNQ6/R/1/MNQ0973
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s): Length Report 6, MNQ-6-S048 to MNQ-6-S060
Secretary of State’s conclusion and observation: Secretary of State notes Natural England’s comments and is satisfied the proposals are appropriate to address existing problems on this part of the South West Coast Path.
Representation No. MCA/MNQ6/R/2/MNQ0973
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s): Length Report 6, MNQ-6-S080 to MNQ-6-S082
Secretary of State’s conclusion and observation: Secretary of State notes Natural England’s comments and is satisfied the proposals are appropriate. Welcomes the headland around Main Head and Castle Rock remaining available for walkers as part of the coastal margin.
Representation No. MCA/MNQ6/R/5/MNQ0975
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s): Length Report 6, Map MNQ6c
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/stretch/R/1/MNQ0975
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s): Length Report 6, MNQ-6-S061 and MNQ-6-S062
Secretary of State’s conclusion and observation: Secretary of State notes Natural England has passed the representation to the access authority. Notes all newly installed infrastructure will aim to increase accessibility of the trail. Encourages work in the future to replace access furniture to a standard that improves accessibility to mobility vehicles.
Representation No. MCA/MNQ6/R/3/MNQ1031
Name of representation: South West Coast Path Association
Length Report and route section(s): Length Report 6, MNQ-6-S048 to MNQ-6-S060
Secretary of State’s conclusion and observation: Secretary of State notes Natural England’s comments and is satisfied the proposals are appropriate to address existing problems on this part of the South West Coast Path.
Representation No. MCA/MNQ6/R/4/MNQ1031
Name of representation: South West Coast Path Association
Length Report and route section(s): Length Report 6, MNQ-6-S080 to MNQ-6-S082
Secretary of State’s conclusion and observation: Secretary of State notes Natural England’s comments and is satisfied the proposals are appropriate. Welcomes the headland around Main Head and Castle Rock remaining available for walkers as part of the coastal margin.
Annex C: conclusions and observations on representations with modifications
Representation No. MCA/MNQ2/R/5/MNQ0898
Name of representation: Private individual
Length Report and route section(s): Length Report 2, MNQ-2-S072
Secretary of State’s conclusion and observation: Secretary of State notes Natural England has agreed a modified route with the representor and Cornwall Council. In view of this, Secretary of State approves the proposals subject to modification in relation to the route at MNQ-2-S072. The modification is to move the route approximately 5m to seaward so that it no longer crosses land owned by the Beach House Hotel.