Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Newquay to Penzance (lengths NQP3, NQP4, NQP7 and NQP8)
Updated 18 August 2020
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This publication is available at https://www.gov.uk/government/publications/coastal-access-section-52-notice-for-newquay-to-penzance/notice-by-the-secretary-of-state-under-section-52-of-the-national-parks-and-access-to-the-countryside-act-1949-newquay-to-penzance-lengths-nqp3-nqp
Introduction
On 20 June 2019 Natural England submitted a compendium of 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 relates only to lengths NQP3, NQP4, NQP7 and NQP8. The proposals within length reports NQP1, NQP2, NQP5 and NQP6 were determined separately on 23 January 2020.
In reaching a 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 submitted to the Secretary of State on 20 June 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 report given to the Secretary of State by the appointed person in respect of the objections 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 31 October 2019
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
(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 in full those proposals for the route and associated coastal margin as set out in the coastal access reports NQP3, NQP4, NQP7 and NQP8 so far as they relate to those parts of the route 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 B 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 reports NQP3, NQP4, NQP7 and NQP8 do not fail to strike a “fair balance” as a result of the matters specified in the objections. They therefore approve 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 those 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 31 October 2019
- d. 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:
- e. Newquay to Penzance: the compendium of coastal access reports
Annex A: objections which did not fail to strike a “fair balance”
Objection reference: MCA/NQP3/0/1
The land in the Report to which the objection relates is route section NQP-3-S037 (as shown on Map 3e). 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 NQP-3-S037.
Objection reference: MCA/NQP4/0/2
The land in the Report to which the objection relates is route sections NQP-4-S011 and NQP-4-S012 (as shown on Map 4b). 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 sections NQP-4-S011 and NQP-4-S012.
Objection reference: MCA/NQP7/0/1
The land in the Report to which the objection relates is route sections NQP-7-S108 to NQP-7-S110 (as shown on Map 7g). 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 sections NQP-7-S108 to NQP-7-S110.
Objection reference: MCA/NQP8/0/1
The land in the Report to which the objection relates is route sections NQP-8-S029 (as shown on Map 8c). 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 sections NQP-8-S029.
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/NQP3/R/1/NQP1585
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s):
- Length 3
- NQP-3-S036
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the Cornwall Countryside Access Forum which is supportive of the proposals.
Representation No. MCA/NQP3/R/2/NQP1585
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s):
- Length 3
- NQP-3-S101 to NQP-3-S106
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the Cornwall Countryside Access Forum which is supportive of the proposals.
Representation No. MCA/NQP3/R/5/NQP1592
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s):
- Length 3
- NQP-3-S038 to NQP-3-S040
Secretary of State’s conclusion and observation:
Secretary of State 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 existing access arrangements at the Harbour will remain in place.
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: Private Individuals
Length Report and route section(s):
- Whole stretch (note Secretary of State comments pertain to lengths NQP3, NQP4, NQP7 and NQP8 only)
Secretary of State’s conclusion and observation:
Secretary of State 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/NQPStretch/R/1/NQP1577
Name of representation: Private Individual
Length Report and route section(s):
- Whole stretch (note Secretary of State comments pertain to lengths NQP3, NQP4, NQP7 and NQP8 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/NQPStretch/R/7/NQP0073 and MCA/NQP4/R/12/NQP0073
Name of representation: Lichfields on behalf of Bourne Leisure Limited
Length Report and route section(s):
- NQP-4-S014 to NQP-4-S015
Secretary of State’s conclusion and observation:
Secretary of State notes that Bourne Leisure Limited will be consulted in the event that rollback is needed in the area. ###Representation No. MCA/NQP4/R/3/NQP1579
Name of representation: Private Individual
Length Report and route section(s):
- NQP-4-S054 to NQP-4-S054
Secretary of State’s conclusion and observation:
Secretary of State 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/NQP4/R/5/NQP1591
Name of representation: South West Coast Path Association
Length Report and route section(s):
- NQP-4-S024 to NQP-4-S026
Secretary of State’s conclusion and observation:
Secretary of State 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 a more seaward route is not possible due to planned development on the site.
Welcomes Natural England’s continued engagement with developers as to how the England Coast Path can be best accommodated within the development scheme in this area.
Representation No. MCA/NQP4/R/6/NQP1591
Name of representation: South West Coast Path Association
Length Report and route section(s):
- NQP-4-S036 to NQP-4-S043
Secretary of State’s conclusion and observation:
Secretary of State notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.
Recognises that noise and movement from those using the public footpath passing round Carnsew Pool can have an impact on the protection of sensitive bird populations and that increased footfall is not desired.
Representation No. MCA/NQP4/R/7/NQP1591
Name of representation: South West Coast Path Association
Length Report and route section(s):
- NQP-4-S084 to NQP-4-S089
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the Cornwall Countryside Access Forum which is supportive of the proposals.
Representation No. MCA/NQP3/R/3/NQP1591
Name of representation: South West Coast Path Association
Length Report and route section(s):
- Length 3
- NQP-3-S036
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the South West Coast Path Association which is supportive of the proposals.
Representation No. MCA/NQP3/R/4/NQP1591
Name of representation: South West Coast Path Association
Length Report and route section(s):
- Length 3
- NQP-3-S101 to NQP-3-S106
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the South West Coast Path Association which is supportive of the proposals.
Representation No. MCA/NQPStretch/R/4/NQP1584
Name of representation: RSPB
Length Report and route section(s):
- Length 4
- NQP-4-S043 to NQP-4-S063
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 is exploring safety improvements on the path at Carnsew Pool, and Natural England’s intention to reroute the path should further erosion compromise the trail as proposed
Welcomes Natural England’s commitment to ongoing discussion with the RSPB around possible future restrictions and signage needs in this area.
Representation No. MCA/NQP4/R/1/NQP1585
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s):
- Length 4
- NQP-4-S024 to NQP-4-S026
Secretary of State’s conclusion and observation:
Secretary of State 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 a more seaward route is not possible due to planned development on the site.
Welcomes Natural England’s continued engagement with developers as to how the England Coast Path can be best accommodated within the development scheme in this area.
Representation No. MCA/NQP4/R/2/NQP1585
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s):
- Length 4
- NQP-4-S036 to NQP-4-S043
Secretary of State’s conclusion and observation:
Secretary of State notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.
Recognises that noise and movement from those using the public footpath passing round Carnsew Pool can have an impact on the protection of sensitive bird populations and that increased footfall is not desired.
Representation No. MCA/NQP4/R/4/NQP1585
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s):
- Length 4
- NQP-4-S084 to NQP-4-S089
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the Cornwall Countryside Access Forum which is supportive of the proposals.
Representation No. MCA/NQP4/R/8/NQP1592
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s):
- Length 4
- NQP-4-S004 to NQP-4-S013
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the Ramblers Association, Cornwall which is supportive of the proposals.
Representation No. MCA/NQP4/R/9/NQP1592
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s):
- Length 4
- NQP-4-S024 to NQP-4-S027
Secretary of State’s conclusion and observation:
Secretary of State 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 a more seaward route is not possible due to planned development on the site.
Welcomes Natural England’s continued engagement with developers as to how the England Coast Path can be best accommodated within the development scheme in this area.
Representation No. MCA/NQP4/R/10/NQP1592
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s):
- Length 4
- NQP-4-S043
Secretary of State’s conclusion and observation:
Secretary of State understands that repair works on this section of path is currently being explored by the local council.
Notes Natural England’s intention to reroute the path should further erosion compromise the trail as proposed
Representation No. MCA/NQP4/R/11/NQP1592
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s):
- Length 4
- NQP-4-S084 to NQP-4-S089
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the Ramblers Association, Cornwall which is supportive of the proposals.
Representation No. MCA/NQP7/R/1/NQP1585
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s):
- Length 7
- NQP-7-S057
Secretary of State’s conclusion and observation:
Secretary of State notes that an official alternative route would not be appropriate here.
Welcomes Natural England’s commitment to investigate increased signage to the existing public right of way, as well as the use of handrails.
Representation No. MCA/NQP7/R/2/NQP1585
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s):
- Length 7
- NQP-7-S067 and NQP-7-S068
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the Cornwall Countryside Access Forum which is supportive of the proposals. Notes that Natural England are proposing works to address difficult to traverse areas.
Representation No. MCA/NQP7/R/2/NQP1585
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s):
- Length 7
- NQP-7-S107 to NQP-7-S111
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the Cornwall Countryside Access Forum which is supportive of the proposals.
Representation No. MCA/NQP7/R/7/NQP1592
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s):
- Length 7
- NQP-7-S004 to NQP-7-S005
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the Ramblers Association, Cornwall which is supportive of the proposals.
Representation No. MCA/NQP7/R/8/NQP1592
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s):
- Length 7
- NQP-7-S038 to NQP-7-S040
Secretary of State’s conclusion and observation:
Secretary of State 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/NQP7/R/4/NQP1591
Name of representation:South West Coast Path Association
Length Report and route section(s):
- Length 7
- NQP-7-S057
Secretary of State’s conclusion and observation:
Secretary of State notes that an official alternative route would not be appropriate here.
Welcomes Natural England’s commitment to investigate increased signage to the existing public right of way, as well as the use of handrails.
Representation No: MCA/NQP7/R/5/NQP1591
Name of representation:South West Coast Path Association
Length Report and route section(s):
- Length 7
- NQP-7-S067 and NQP-7-S068
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the South West Coast Path Association which is supportive of the proposals.
Notes that Natural England are proposing works to address difficult to traverse areas.
Representation No: MCA/NQP7/R/6/NQP1591
Name of representation:South West Coast Path Association
Length Report and route section(s):
- Length 7
- NQP-7-S107 to NQP-7-S111
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the South West Coast Path Association which is supportive of the proposals.
Representation No: MCA/NQP8/R/1/NQP1585
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s):
- Length 8
- NQP-8-S036 to NQP-8-S038
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the Cornwall Countryside Access Forum which is supportive of the proposals.
Representation No: MCA/NQP8/R/4/NQP1592
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s):
- Length 8
- NQP-8-S036 to NQP-7-S038
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the Ramblers Association, Cornwall which is supportive of the proposals.
Representation No: MCA/NQP8/R/2/NQP1587
Name of representation: David Jarvis Associates Ltd
Length Report and route section(s):
- Length 8
- NQP-8-S045 and NQP-8-S046
Secretary of State’s conclusion and observation:
Secretary of State notes the proposed developments in the vicinity of the proposed path in this area.
Welcomes Natural England’s commitment to work with stakeholders as these proposals develop.
Representation No: MCA/NQP8/R/3/NQP1591
Name of representation: South West Coast Path Association
Length Report and route section(s):
- Length 8
- NQP-8-S036 to NQP-8-S038
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the South West Coast Path Association which is supportive of the proposals.