Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Newquay to Penzance (lengths 1, 2, 5 and 6)
Updated 18 August 2020
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Introduction
On 20 June 2019 Natural England submitted a coastal access report relating to the stretch of land between Newquay and Penzance (“the coastal access report”) 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 length reports NQP1, NQP2, NQP5 and NQP6. The proposals within length reports NQP3, NQP4, NQP7 and NQP8 will be determined separately.
In reaching his determination under section 52 of the 1949 Act the Secretary of State has considered:
- a. Newquay to Penzance length reports NQP1, NQP2, NQP5 and NQP6 - part of Natural England’s coastal access report compendium for Newquay to Penzance submitted to the Secretary of State on 20 June 2019
- 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 31 October 2019
In this notice –
(a) “objection” means an objection about the coastal access report which is made under paragraph 3 of the Schedule
(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 reports NQP2, NQP5 and NQP6, in relation to which no objections were made.
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.
The Secretary of State has determined to approve with modification the proposal for the route and associated coastal margin as set out in the coastal access length report NQP1, in relation to which no objections were made.
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.
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 31 October 2019
- c. summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 31 October 2019
Natural England has also made available here:
- d. Newquay to Penzance - 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/NQPStretch/R/4/NQP1584
Name of representation: RSPB
Report chapter and route section(s):
- Chapter 1, 4
- NQP-1-S014 to NQP-1-S019
Secretary of State’s conclusion and observation: Welcomes the positive engagement from the RSPB in the development of this stretch.
Notes that Natural England has engaged with the RSPB and other local bird groups during the preparation and drafting of the Nature Conservation Assessment and Habitats Regulations Assessment.
Notes that the local access authority has committed to safety improvements on the path at Carnsew Pool.
Welcomes Natural England’s commitment to ongoing discussion with the RSPB around possible future restrictions and signage needs in this area.
Representation No. MCA/NQP1/R/1/NQP1585
Name of representation: Cornwall Countryside Access Forum
Report Chapter and route section(s):
- Chapter 1
- NQP-1-S034, NQP-1-S035, NQP-1-S036
Secretary of State’s conclusion and observation: Welcomes Cornwall Countryside Access Forum’s representation, which is supportive of the proposals.
Representation No. MCA/NQP1/R/3/NQP1585
Name of representation: Cornwall Countryside Access Forum
Report chapter and route section(s):
- Chapter 1
- NQP-1-S043 to NQP-1-S055 and NQP-1-OA001 to NQP-1-OA012
Secretary of State’s conclusion and observation: Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.
Notes that the Penpol footbridge follows a public right of way and so will remain accessible following the establishment of the England Coast Path.
Representation No. MCA/NQP1/R/4/NQP1585
Name of representation: Cornwall Countryside Access Forum
Report chapter and route section(s):
- Chapter 1
- NQP-1-S060
Secretary of State’s conclusion and observation: Welcomes Cornwall Countryside Access Forum’s representation, which is supportive of the proposals.
Representation No. MCA/NQP1/R/5/NQP1585
Name of representation: Cornwall Countryside Access Forum
Report chapter and route section(s):
- Chapter 1
- NQP-1-S109 and NQP-1-S110
Secretary of State’s conclusion and observation: Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.
Notes Natural England’s commitment that the village facilities will continue to be signposted.
Representation No. MCA/NQP1/R/15/NQP1592
Name of representation: Ramblers’ Association Cornwall
Report chapter and route section(s):
- Chapter 1
- NQP-1-S053 to NQP-1-S055
Secretary of State’s conclusion and observation: Welcomes The Ramblers’ Association’s representation, which is supportive of the proposals.
Representation No. MCA/NQP1/R/16/NQP1592
Name of representation: Ramblers’ Association Cornwall
Report chapter and route section(s):
- Chapter 1
- NQP-1-S060
Secretary of State’s conclusion and observation: Welcomes The Ramblers’ Association’s representation, which is supportive of the proposals.
Representation No. MCA/NQP1/R/17/NQP1592
Name of representation: Ramblers’ Association Cornwall
Report chapter and route section(s):
- Chapter 1
- NQP-1-S102 to NQP-1-S110
Secretary of State’s conclusion and observation: Welcomes The Ramblers’ Association’s representation, which is supportive of the proposals.
Notes Natural England’s commitment that the village facilities will continue to be signposted.
Representation No. MCA/NQP2/R/1/NQP1585
Name of representation: Cornwall Countryside Access Forum
Report chapter and route section(s):
- Chapter 2
- NQP-2-S071 to NQP-2-S073
Secretary of State’s conclusion and observation: Welcomes Cornwall Countryside Access Forum’s representation, which is supportive of the proposals.
Representation No. MCA/NQP2/R/3/NQP1592
Name of representation: Ramblers’ Association Cornwall
Report chapter and route section(s):
- Chapter 2
- NQP-2-S020 to NQP-2-S025
Secretary of State’s conclusion and observation: Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate approach to coastal margin has been proposed by Natural England. Agrees with Natural England’s decision to end the landward extent of coastal margin at this recognisable feature.
Representation No. MCA/NQP5/R/1/NQP1585
Name of representation: Cornwall Countryside Access Forum
Report chapter and route section(s):
- Chapter 5
- NQP-5-S003 and NQP-5-S004
Secretary of State’s conclusion and observation: Welcomes Cornwall Countryside Access Forum’s representation, which is supportive of the proposals.
Notes that Natural England will keep the need for any path improvements under review during implementation.
Representation No. MCA/NQP5/R/2/NQP1585
Name of representation: Cornwall Countryside Access Forum
Report chapter and route section(s):
- Chapter 5
- NQP-5-S006 (west end) and NQP-5-S007
Secretary of State’s conclusion and observation: Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.
Representation No. MCA/NQP6/R/1/NQP1585
Name of representation: Cornwall Countryside Access Forum
Report chapter and route section(s):
- Chapter 6
- NQP-6-S045 to NQP-6-S049
Secretary of State’s conclusion and observation: Welcomes Cornwall Countryside Access Forum’s representation, which is supportive of the proposals.
Representation No. MCA/NQP6/R/2/NQP1585
Name of representation: Cornwall Countryside Access Forum
Report chapter and route section(s):
- Chapter 6
- NQP-6-S060 to NQP-6-S062
Secretary of State’s conclusion and observation: Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.
Notes that Wheal Rose will be signposted from the route for those wishing to divert inland to visit it.
Representation No. MCA/NQP6/R/5/NQP1592
Name of representation: Ramblers’ Association Cornwall
Report chapter and route section(s):
- Chapter 6
- NQP-6-S061 to NQP-6-S062
Secretary of State’s conclusion and observation: Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.
Notes that the route put forward by The Ramblers’ Association follows a public right of way and will remain available for walkers to use.
Representation No. MCA/NQPStretch/R/2/NQP1580, MCA/NQPStretch/R/3/NQP1583, MCA/NQPStretch/R/5/NQP1586, MCA/NQPStretch/R/6/NQP1589 and MCA/NQPStretch/R/8/NQP1594
Name of representation: Five Private Individuals
Report chapter and route section(s): Whole stretch (Secretary of State comments pertain to lengths 1, 2, 5 and 6 only)
Secretary of State’s conclusion and observation: Notes Natural England’s clarification that there are no plans to physically widen the coast path anywhere in this stretch.
Notes that proposals do not create any additional rights of access for cyclists or horse-riders above those that already exist.
Representation No. MCA/NQP1/R/2/NQP1578, MCA/ NQP1/R/11/NQP1591
Name of representation: One Private Individual and South West Coast Path Association
Report chapter and route section(s):
- Chapter 1
- NQP-1-S037 to NQP-1-S045
Secretary of State’s conclusion and observation: Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.
Notes that the Penpol footbridge follows a public right of way and so will remain accessible following the establishment of the England Coast Path, and will continue to be maintained by Cornwall Council.
Representation No. MCA/NQP1/R/6/NQP1588, MCA/NQP1/R/7/NQP1582, MCA/NQP1/R/8/NQP1582, MCA/NQP1/R/9/NQP1590 and MCA/NQP1/R/19/NQP1582
Name of representation: Pentire Residents Association, East Pentire Action Group and Pentire Esplanade Project
Report chapter and route section(s):
- Chapter 1
- NQP-1-S031 to NQP-1-S036
Secretary of State’s conclusion and observation: Notes Natural England’s reasoning for the proposals at Esplanade Road and Pentire Point. Notes that where a village green falls in the coastal margin, any new coastal access rights exist alongside the village green rights. This would mean that local residents would remain able to use the land for a wider range of activities than the general public under Schedule 2 to the Countryside and Rights of Way Act 2000 (CROW Act).
Also notes that nothing in the proposals would constitute ‘encroachment on or inclosure of [the green]’ or ‘any erection thereon or disturbance or interference with or occupation of the soil thereof, which is made otherwise than with a view to the better enjoyment of [the green]’. Therefore agrees that section 29 of the Commons Act 1876 does not apply in this instance.
Representation No. MCA/NQP1/R/6/NQP1588, MCA/NQP1/R/8/NQP1582
Name of representation: Pentire Residents Association, East Pentire Action Group
Report chapter and route section(s):
- Chapter 1
- NQP-1-S031 and NQP-1-S032
Secretary of State’s conclusion and observation: Secretary of State notes the representation. Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.
Representation No. MCA/NQP1/R/7/NQP1582, MCA/NQP1/R/8/NQP1582, MCA/NQP1/R/9/NQP1590 and MCA/NQP1/R/19/NQP1582
Name of representation: East Pentire Action Group and Pentire Esplanade Project
Report chapter and route section(s):
- Chapter 1
- NQP-1-S031 to NQP-1-S036
Secretary of State’s conclusion and observation: Notes that the inland extent of any roll back is not specified in the proposals and is not in any way reflected by the proposed landward coastal margin.
Notes that rollback has not been proposed at the Pentire Point East headland and will not apply under the modification recommended by Natural England at The Esplanade.
Representation No. MCA/NQP1/R/6/NQP1588, MCA/NQP1/R/8/NQP1582, MCA/NQP1/R/9/NQP1590, MCA/NQP1/R/14/NQP0818, MCA/NQP1/R/18/NQP1593 and MCA/NQP1/R/19/NQP1582
Name of representation: Pentire Residents Association, East Pentire Action Group, Pentire Esplanade Project, Private Individual, Newquay Town Council
Report chapter and route section(s):
- Chapter 1
- NQP-1-S031 and NQP-1-S032
Secretary of State’s conclusion and observation: Notes that Natural England will align the route of the coast path utilising the existing surfaced paths at the eastern end of the Esplanade rather than create an additional route at this location. This modification is in light of safety concerns raised in earlier representations.
Representation No. MCA/NQP1/R/7/NQP1582, MCA/NQP1/R/8/NQP1582 and MCA/NQP1/R/19/NQP1582
Name of representation: East Pentire Action Group
Report chapter and route section(s):
- Chapter 1
- NQP-1-S031 and NQP-1-S036
Secretary of State’s conclusion and observation: Secretary of State notes the representation. Notes the reasoning set out in response by Natural England and is satisfied that due consideration has been given to the concerns raised.
Notes Natural England’s engagement with specialists and local organisations on issues of conservation and archaeological interest.
Representation No. MCA/NQP1/R/7/NQP1582 and MCA/NQP1/R/19/NQP1582
Name of representation: East Pentire Action Group
Report chapter and route section(s):
- Chapter 1
- NQP-1-S036
Secretary of State’s conclusion and observation: Secretary of State notes the representation. Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.
Representation No. MCA/NQP1/R/14/NQP0818 and MCA/NQP1/R/18/NQP1593
Name of representation: Private Individual and Newquay Town Council
Report chapter and route section(s):
- Chapter 1
- NQP-1-S042
Secretary of State’s conclusion and observation: Notes the clarification provided in the representation.
Representation No. MCA/NQPStretch/R/1/NQP1577
Name of representation: Private Individual
Report chapter and route section(s): Whole Stretch (Secretary of State comments pertain to lengths 1, 2, 5 and 6 only)
Secretary of State’s conclusion and observation: Notes Natural England’s intention to use local established route names on the ground.
Welcomes Natural England working closely with Cornwall Council and others in extending the use of Cornish as appropriate on new or replacement signing.
Representation No. MCA/NQP1/R/7/NQP1582
Name of representation: East Pentire Action Group
Report chapter and route section(s):
- Chapter 1
- NQP-1-S034
Secretary of State’s conclusion and observation: Secretary of State notes the representation. Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.
Representation No. MCA/NQP1/R/19/NQP1582
Name of representation: East Pentire Action Group
Report chapter and route section(s):
- Chapter 1
- NQP-1-S031 to NQP-1-S036
Secretary of State’s conclusion and observation: Notes Natural England’s reasoning for the proposals at Esplanade Road and Pentire Point. Notes that where a village green falls in the coastal margin, any new coastal access rights exist alongside the village green rights. This would mean that local residents would remain able to use the land for a wider range of activities than the general public under Schedule 2 to the Countryside and Rights of Way Act 2000 (CROW Act).
Also notes that nothing in the proposals would constitute ‘encroachment on or inclosure of [the green]’ or ‘any erection thereon or disturbance or interference with or occupation of the soil thereof, which is made otherwise than with a view to the better enjoyment of [the green]’. Therefore agrees that section 29 of the Commons Act 1876 does not apply in this instance.
Representation No. MCA/NQP1/R/10/NQP1591
Name of representation: South West Coast Path Association
Report chapter and route section(s):
- Chapter 1
- NQP-1-S034, NQP-1-S035, NQP-1-S036
Secretary of State’s conclusion and observation: Welcomes South West Coast Path Association’s representation, which is supportive of the proposals.
Representation No. MCA/NQP1/R/12/NQP1591
Name of representation: South West Coast Path Association
Report chapter and route section(s):
- Chapter 1
- NQP-1-S060
Secretary of State’s conclusion and observation: Welcomes South West Coast Path Association’s representation, which is supportive of the proposals.
Representation No. MCA/NQP1/R/13/NQP1591
Name of representation: South West Coast Path Association
Report chapter and route section(s):
- Chapter 1
- NQP-1-S109 and NQP-1-S110
Secretary of State’s conclusion and observation: Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.
Notes Natural England’s commitment that the village facilities will continue to be signposted.
Representation No. MCA/NQP1/R/14/NQP0818
Name of representation: Private Individual
Report chapter and route section(s):
- Chapter 1
- NQP-1-S037 to NQP-1-S045
Secretary of State’s conclusion and observation: Welcomes the representation, which is supportive of the proposals regarding the Pentire Headland.
Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England regarding the quarry.
Is satisfied that sufficient path clearance measures have been included in establishment and maintenance of the trail by Natural England at Trevean.
Representation No. MCA/NQPStretch/R/7/NQP0073 and MCA/NQP2/R/4/NQP0073
Name of representation: Lichfields on behalf of Bourne Leisure Limited
Report chapter and route section(s):
- Chapter 2
- Whole Chapter
Secretary of State’s conclusion and observation: Welcomes Natural England’s commitment to consultation with interested parties in the event of future roll back.
Representation No. MCA/NQP2/R/2/NQP1591
Name of representation: South West Coast Path Association
Report chapter and route section(s):
- Chapter 2
- NQP-2-S071 to NQP-2-S073
Secretary of State’s conclusion and observation: Welcomes South West Coast Path Association’s representation, which is supportive of the proposals.
Representation No. MCA/NQP2/R/4/NQP0073
Name of representation: Lichfields on behalf of Bourne Leisure Limited
Report chapter and route section(s):
- Chapter 2
- NQP-2-S018 to NQP-2-S024
Secretary of State’s conclusion and observation: Notes Natural England’s commitment to provide a supply of ‘end of access land’ roundels prior to the commencement of rights.
Welcomes their commitment to continued discussions with landowners and site manager’s if infrastructure needs change.
Representation No. MCA/NQP5/R/3/NQP1591
Name of representation: South West Coast Path Association
Report chapter and route section(s):
- Chapter 5
- NQP-5-S003 and NQP-5-S004
Secretary of State’s conclusion and observation: Welcomes South West Coast Path Association’s representation, which is supportive of the proposals.
Notes that Natural England will keep the need for any path improvements under review during implementation.
Representation No. MCA/NQP5/R/4/NQP1591
Name of representation: South West Coast Path Association
Report chapter and route section(s):
- Chapter 5
- NQP-5-S006 (west end) and NQP-5-S007
Secretary of State’s conclusion and observation: Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.
Representation No. MCA/NQP5/R/5/NQP0773
Name of representation: Private Individual
Report chapter and route section(s):
- Chapter 5
- NQP-5-S061
Secretary of State’s conclusion and observation: Is satisfied that Natural England have made adequate assessment of the potential impacts on wildlife and habitats in preparation for the proposals. Notes that no trail improvement works are planned in this area.
Representation No. MCA/NQP6/R/3/NQP1591
Name of representation: South West Coast Path Association
Report chapter and route section(s):
- Chapter 6
- NQP-6-S045 to NQP-6-S049
Secretary of State’s conclusion and observation: Welcomes South West Coast Path Association’s representation, which is supportive of the proposals.
Representation No. MCA/NQP6/R/4/NQP1591
Name of representation: South West Coast Path Association
Report chapter and route section(s):
- Chapter 6
- NQP-6-S060 to NQP-6-S062
Secretary of State’s conclusion and observation: Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.
Notes that Wheal Rose will be signposted from the route for those wishing to divert inland to visit it.
Annex B: conclusions and observations on representations with modifications
Representation No. MCA/NQP1/R/6/NQP1588, MCA/NQP1/R/14/NQP0818 and MCA/NQP1/R/18/NQP1593
Name of representation: Pentire Residents Association, Private Individual, Newquay Town Council
Report chapter and route section(s):
- Chapter 1
- NQP-1-S031 and NQP-1-S032
Secretary of State’s conclusion and observation: Notes the various representor’s concerns over safety and Natural England’s support of a modified route which follows the current route of the South West Coast Path along the surfaced paths at The Esplanade, the pavement on Esplanade Road and the unadopted road leading to the Pentire Point East headland. Notes details of the revised proposals are available on gov.uk, in the document containing representations received regarding Newquay to Penzance and Natural England’s comments on them.
In view of this, Secretary of State approves the proposals subject to modification in relation to route sections NQP-1-S031 and NQP-1-S032.