Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Silecroft to Silverdale, length SCS1

Updated 20 October 2022

Applies to England

Introduction

On 8 January 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Silecroft and Silverdale 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 report SCS1. The proposals within length reports SCS2 to SCS6 will be determined separately.

In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:

• a. Silecroft to Silverdale length report SCS1 – part of Natural England’s coastal access report compendium for Silecroft to Silverdale submitted to the Secretary of State on 8 January 2020
• 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 28 April 2020

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 length report SCS1, in relation to which no objections were made.

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 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 28 April 2020; and
• c. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 28 April 2020.

Natural England has also made available here:

• d. Silecroft to Silverdale - the compendium of coastal access reports

Annex A: 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/SCS(W)/R/1/3452

Name of representation: Environment Agency

Length Report and route section(s):

• Whole stretch (note Secretary of State comments pertain to length SCS1 only)

Secretary of State’s conclusion and observation:

Secretary of State welcomes support for Natural England’s proposals and is satisfied that Natural England has fully considered the impact on local wildlife sites. Notes Natural England’s expectation that Cumbria County Council will liaise with relevant authorities before and during establishment works.

Representation No. MCA/SCS(W)/R/3/3335

Name of representation: Cumbria and Lakes Local Access Forum

Length Report and route section(s):

• Whole stretch (note Secretary of State comments pertain to length SCS1 only)

Secretary of State’s conclusion and observation:

Secretary of State notes the representation raises issues which do not relate to SCS1. Proposals relating to SCS2 to SCS6 are subject to a separate approvals process.

Representation No. MCA/SCS(W)/R/6/3471

Name of representation: RSPB

Length Report and route section(s):

• Whole stretch (note Secretary of State comments pertain to length SCS1 only)

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England is confident its proposals will not result in increased access to the coastal margin between Black Dub and Haverigg Lifeboat Station. Notes and encourages Natural England’s commitment to monitor public access in this area and to explore alternative management strategies if necessary. Welcomes support for Natural England’s proposed directions elsewhere within SCS1.

Notes Natural England has updated its Habitats Regulations Assessment to correct a factual error in relation to the nesting location of, and anticipated levels of disturbance to, Ringed Plover and Little Tern in the Haverigg Hawes/Bullstone Bed area. Notes this was a presentational error only and does not in any way change the conclusions in the Habitats Regulations Assessment. Asks Natural England to publish the amended document on gov.uk.

Representation No. MCA/SCS(W)/R/7/3475

Name of representation: Lake District National Park Authority

Length Report and route section(s):

• Whole stretch (note Secretary of State comments pertain to length SCS1 only)

Secretary of State’s conclusion and observation:

Secretary of State encourages ongoing close cooperation between Natural England and the Lake District National Park Authority where appropriate. Notes the representation raises specific issues which do not relate to SCS1.Proposals relating to SCS2 to SCS6 are subject to a separate approvals process.

Representation No. MCA/SCS(W)/R/12/3480

Name of representation: Cumbria County Council

Length Report and route section(s):

• Whole stretch (note Secretary of State comments pertain to length SCS1 only)

Secretary of State’s conclusion and observation:

Secretary of State welcomes general support for the England Coast Path and notes that specific issues raised do not relate to SCS1.

Representation No. MCA/SCS(W)/R/9/3477

Name of representation: Cumbria County Council South Lakes Committee

Length Report and route section(s):

• Whole stretch (note Secretary of State comments pertain to length SCS1 only)

Secretary of State’s conclusion and observation:

Secretary of State notes that the representation raises issues which do not relate to SCS1. Proposals relating to SCS2 to SCS6 are subject to a separate approvals process. Is satisfied Natural England performed a full consultation in line with the approach set out in the Approved Scheme, and encourages ongoing engagement with relevant parties as establishment works get underway.

Representation No. MCA/SCS(W)/R/10/3481

Name of representation: Cumbria County Council Copeland Committee

Length Report and route section(s):

• Whole stretch (note Secretary of State comments pertain to length SCS1 only)

Secretary of State’s conclusion and observation:

Secretary of State notes that the representation raises issues which do not relate to SCS1. Proposals relating to SCS2 to SCS6 are subject to a separate approvals process.

Representation No. MCA/SCS(W)/R/13/3229

Name of representation: Ramblers

Length Report and route section(s):

• Whole stretch (note Secretary of State comments pertain to length SCS1 only)

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England’s reasoning for its use of directions in length SCS1. Considers that directions have been applied appropriately and with due consideration to walkers, wildlife and other interested parties.

Representation No. MCA/SCS(W)/R/14/0016

Name of representation: The Open Spaces Society

Length Report and route section(s):

• Whole stretch (note Secretary of State comments pertain to length SCS1 only)

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England’s reasoning for its use of directions in SCS1. Considers that directions have been applied appropriately and with due consideration to walkers, wildlife and other interested parties.

Representation No. MCA/SCS(W)/R/2/3352

Name of representation: Cumbria GeoConservation

Length Report and route section(s):

• Whole stretch (note Secretary of State comments pertain to length SCS1 only)

Secretary of State’s conclusion and observation:

Secretary of State welcomes support for Natural England’s proposals. Encourages Natural England’s offer to work with Cumbria GeoConservation and others on appropriate signage and in making information available online.

Representation No. MCA/SCS(W)/R/4/3447

Name of representation: Disabled Ramblers

Length Report and route section(s):

• Whole stretch (note Secretary of State comments pertain to length SCS1 only)

Secretary of State’s conclusion and observation:

Secretary of State encourages Natural England to work with Cumbria County Council and the Disabled Ramblers to increase the accessibility of the trail where possible.

Representation No. MCA/SCS(W)/R/5/0058

Name of representation: Copeland Borough Council

Length Report and route section(s):

• Length Reports 1 and 2 (note Secretary of State comments pertain to length SCS1 only)

Secretary of State’s conclusion and observation:

Secretary of State notes that the representation raises issues which do not relate to SCS1. Proposals relating to SCS2 to SCS6 are subject to a separate approvals process.

Representation No. MCA/SCS(W)/R/8/3476

Name of representation: Friends of the Lake District

Length Report and route section(s):

• Whole stretch (note Secretary of State comments pertain to length SCS1 only)

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England’s reasoning for its use of directions in SCS1. Considers that directions have been applied appropriately and with due consideration to walkers, wildlife and other interested parties.

Representation No. MCA/SCS(W)/R/11/3478

Name of representation: Woodland Trust

Length Report and route section(s):

• Whole stretch (note Secretary of State comments pertain to length SCS1 only)

Secretary of State’s conclusion and observation:

Secretary of State notes that the representation raises issues which do not relate to SCS1. Proposals relating to SCS2 to SCS6 are subject to a separate approvals process.

Representation No. MCA/SCS1/R/1/3229

Name of representation: Ramblers

Length Report and route section(s):

• Length Report 1, SCS-1-S001 to SCS-1-080

Secretary of State’s conclusion and observation:

Secretary of State welcomes support for Natural England’s overall proposals within SCS1. Notes Natural England’s comment that the specific issues raised relate to SCS2.

Representation No. MCA/SCS1/R/2/0016

Name of representation: The Open Spaces Society

Length Report and route section(s):

• Length Report 1, SCS-1-S001 to SCS-1-080

Secretary of State’s conclusion and observation:

Secretary of State welcomes support for Natural England’s overall proposals within SCS1. Notes Natural England’s comment that the specific issues raised relate to SCS2.