Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Salcott to Jaywick lengths SCJ1, SCJ3, SCJ4, SCJ5 and SCJ6
Updated 11 November 2021
Applies to England
© Crown copyright 2021
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This publication is available at https://www.gov.uk/government/publications/coastal-access-section-52-notice-for-salcott-to-jaywick/notice-by-the-secretary-of-state-under-section-52-of-the-national-parks-and-access-to-the-countryside-act-1949-salcott-to-jaywick-lengths-scj1-scj3
Introduction
On 14 October 2020 Natural England submitted a coastal access report relating to the stretch of land between Salcott and Jaywick 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 lengths SCJ1, SCJ3, SCJ4, SCJ5 and SCJ6. The proposals for SCJ2 were approved by Secretary of State on 23 April 2021.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Salcott to Jaywick, lengths 1, 3, 4, 5 and 6 – part of Natural England’s compendium of coastal access report for Salcott to Jaywick submitted to the Secretary of State on 14 October 2020;
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 6 May 2021.
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 those proposals for the route and associated coastal margin for SCJ1, SCJ3, SCJ4, SCJ5 and SCJ6 as set out in the coastal access report.
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 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 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 7 October 2021; and
D. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 7 October 2021.
Natural England has also made available here:
E. Salcott to Jaywick: the coastal access report.
Annex A: objections which did not fail to strike a ‘fair balance’
Objection References: MCA/Salcott to Jaywick/O/1,2,4,5
The land in the report to which the objections relate lies within section SCJ-1-S024 (as shown on Map 1f). 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 SCJ-1-S024.
Objection References: MCA/Salcott to Jaywick/O/3
The land in the report to which the objections relate lies within sections SCJ-1-S027 and SCJ-1-S028 (as shown on Map 1f). 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 SCJ-1-S027 and SCJ-1-S028.
Objection References: MCA/Salcott to Jaywick/O/6
The land in the report to which the objections relate lies within sections SCJ-3-S052 and SCJ-3-S053 (as shown on Map 3d). 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 SCJ-3-S052 and SCJ-3-S053.
Objection References: MCA/Salcott to Jaywick/O/8
The land in the report to which the objections relate lies within sections SCJ-4-S039 to SCJ-4-S042 (as shown on Maps 4c, 4d and 4e). 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 SCJ-4-S039 to SCJ-4-S042.
Objection References: MCA/Salcott to Jaywick/O/9
The land in the report to which the objections relate lies within section SCJ-5-S032 to SCJ-5-S036 (as shown on Map 5d). 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 SCJ-5-S032 to SCJ-5-S036.
Objection References: MCA/Salcott to Jaywick/O/10
The land in the report to which the objections relate lies within section SCJ-6-S058 (as shown on Map 6a). 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 SCJ-6-S058.
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/SCJ Whole Stretch/R/1/SCJ0019
Name of representation: The Ramblers Association
Length report and route section(s):
Whole report
Secretary of State’s conclusion and observation
Secretary of State welcomes support for Natural England’s proposals.
Notes Natural England’s comment on signposting commercial interests.
Representation No. MCA/SCJ1/R/4/SCJ1519
Name of representation: Historic England
Length report and route section(s):
Whole report
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for the route and notes that scheduled monument consent may be required on this stretch.
Notes the access authority will liaise with Historic England to ensure this consent is sought where needed.
Representation No. MCA/SCJ1/R/8/SCJ0008
Name of representation: The Disabled Ramblers
Length report and route section(s):
Whole report
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s commitment to work with the local access authority in the establishment phase in order to maximise the accessibility of the path in this location by all reasonable means.
Representation No. MCA/SCJ1/R/2/SCJ1518
Name of representation: Private Individual
Length report and route section(s):
Whole report
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/SCJ1/R/7/SCJ1498
Name of representation: Private Individual
Length report and route section(s):
SCJ-1-S025 and SCJ-1-S027
Secretary of State’s conclusion and observation:
Secretary of State is satisfied Natural England has proposed the most appropriate crossing point in this area.
Is content that, by working with Essex County Council Highways and Road Safety officers, Natural England has sought the required expertise to ensure road safety in this area.
Representation No. MCA/SCJ3/R/8/SCJ0008
Name of representation: Disabled Ramblers
Length report and route section(s):
SCJ3, whole report
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s commitment to work with the local access authority in the establishment phase in order to maximise the accessibility of the path in this location by all reasonable means.
Representation No. MCA/SCJ3/R/6/SCJ1520
Name of representation: Falcon Properties
Length report and route section(s):
SCJ-3-S003 to SCJ-3-S012
Secretary of State’s conclusion and observation:
Secretary of State notes the access authority will discuss any required infrastructure and signage with land owners and occupiers at the establishment stage.
Representation No. MCA/SCJ3/R/8/SCJ0332
Name of representation: Private Individual
Length report and route section(s):
SCJ-3-S062 – SCJ-3-S064
Secretary of State’s conclusion and observation:
Secretary of State is satisfied Natural England’s proposals are appropriate. Notes any new cycling calming measures are a matter for the owner of the right of way and the Highway Authority.
Representation No. MCA/SCJ4/R/2/SCJ0329
MCA/SCJ4/R/3/SCJ0567
MCA/SCJ4/R/4/SCJ0566
MCA/SCJ4/R/5/SCJ0233
MCA/SCJ4/R/1/SCJ1086
Name of representation: 5 Private Individuals
Length report and route section(s):
SCJ-4-S039 to SCJ-4-S042
Secretary of State’s conclusion and observation: Secretary of State is satisfied Natural England has only proposed this route after carrying out a thorough Habitats Regulations Assessment and a Nature Conservation Assessment.
Notes that Natural England have consulted with the British Trust for Ornithology WeBS Counters when examining this area and they were content with the location of the path.
Is satisfied the route proposed by Natural England is appropriate.
Representation No. MCA/SCJ4/R/8/SCJ0008
Name of representation: Disabled Ramblers
Length report and route section(s):
SCJ4, whole report
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s commitment to work with the local access authority in the establishment phase in order to maximise the accessibility of the path in this location by all reasonable means.
Representation No. MCA/SCJ4/R/1/SCJ1086
Name of representation: Private Individual
Length report and route section(s):
SCJ-4-S039 to SCJ-4-S042
Secretary of State’s conclusion and observation:
Secretary of State is content that the route chosen by Natural England will minimise impact on the paddocks that sit near the route.
Representation No. MCA/SCJ5/R/8/SCJ0008
Name of representation: Disabled Ramblers
Length report and route section(s):
SCJ-5-S016
SCJ-5-S020 to SCJ-5-S022
SCJ-5-S021
SCJ-5-S039
SCJ-5-S043
SCJ-5-S045
SCJ-5-S048
SCJ-5-S051,
SCJ-5-S055 to SCJ-5-S058
SCJ-5-A001
SCJ-5-A003
SCJ-5-S062
SCJ-5-S071
SCJ-5-S090
SCJ-5-S092
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s commitment to work with the local access authority and local landowners in the establishment phase in order to maximise the accessibility of the path in this location by all reasonable means.
Notes that it will not be possible to signpost the alternative route as an optional alternative when the main route is open as the alternative route is only seasonally available.
Representation No. MCA/SCJ5/R/1/SCJ0125
Name of representation: Bourne Leisure
Length report and route section(s):
SCJ-5-S089 to SCJ-5-S093
Secretary of State’s conclusion and observation:
Secretary of State notes the representation which supports the proposals.
Representation No. MCA/SCJ6/R/8/SCJ0008
Name of representation: Disabled Ramblers
Length Report and route section(s):
SCJ-6-S001
SCJ-6-S005
SCJ-6-S028
SCJ-6-S051
SCJ-6-S067
SCJ-6-S075
SCJ-6-S097
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s commitment to work with the local access authority and local landowners in the establishment phase in order to maximise the accessibility of the path in this location by all reasonable means.
Representation No. MCA/SCJ6/R/1/SCJ0125
Name of representation: Bourne Leisure
Length report and route section(s):
SCJ-6-S001 to SCJ-6-9 and SCJ-6-S040 to SCJ-6-049
Secretary of State’s conclusion and observation:
Secretary of State notes the representation which supports the proposals.