Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Silecroft to Silverdale, lengths SCS2, SCS3 and SCS4
Updated 20 October 2022
Applies to England
© Crown copyright 2022
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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 lengths SCS2, SCS3 and SCS4. The proposals for SCS1 were determined on 12 November 2020 and that length opened on 9 February 2022. Proposals for SCS5 and SCS6 will be determined in due course.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Silecroft to Silverdale length reports SCS2, SCS3 and SCS4 – 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)(a) of the Schedule, the objections which the appointed person determined to be an 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 objections which the appointed person determined to be an 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 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; 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 as set out in length reports SCS2, SCS3 and SCS4.
In the respects specified in the objection 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 the objection relates.
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. 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 28 April 2020; and
d. 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:
e. Silecroft to Silverdale: the compendium of coastal access reports
Annex A: Objections which did not fail to strike a “fair balance”
Objection Reference: MCA/SCS2/01
The land in the report to which the objection relates lies within sections SCS-2-S012 to SCS-2-S017 (as shown on Map 2b). 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 SCS-2-S012 to SCS-2-S017.
Objection Reference: MCA/SCS3/01
The land in the report to which the objection relates lies within sections SCS-3-S040 to SCS-3-S042 (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 sections SCS-3-S040 to SCS-3-S042.
Objection Reference: MCA/SCS3/02
The land in the report to which the objection relates lies within sections SCS-3-S040 to SCS-3-S042 (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 sections SCS-3-S040 to SCS-3-S042.
Objection Reference: MCA/SCS4/01
The land in the report to which the objection relates lies within sections SCS-4-S016 to SCS-4-S018 and SCS-4-S024 to SCS-4-S029 (as shown on Maps 4a and 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 SCS-4-S016 to SCS-4-S018 and SCS-4-S024 to SCS-4-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/SCS(W)/R/1/3452
Name of representation:
Environment Agency
Length Report and route section(s):
Whole stretch (note that Secretary of State’s comments pertain to lengths SCS2, SCS3 and SCS4 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 & Lakes Local Access Forum
Length Report and route section(s):
Whole stretch (note that Secretary of State’s comments pertain to lengths SCS2, SCS3 and SCS4 only)
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments. Considers that Duddon Bridge is not suitable for the route of a National Trail and is satisfied Natural England has proposed the most appropriate route available. Encourages Natural England to consider varying the route should a safe pedestrian crossing be created in future.
Representation No: MCA/SCS(W)/R/6/3471
Name of representation:
RSPB
Length Report and route section(s):
Whole stretch (note that Secretary of State’s comments pertain to lengths SCS2, SCS3 and SCS4 only)
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and is satisfied Natural England’s proposals are appropriate. Notes Natural England’s comments on reviewing restrictions.
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 that Secretary of State’s comments pertain to lengths SCS2, SCS3 and SCS4 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. Encourages Natural England to keep the suitability of the train crossing under review and to consider varying the route should a safe pedestrian crossing be created in future.
Representation No: MCA/SCS(W)/R/12/3480
Name of representation:
Cumbria County Council
Length Report and route section(s):
Whole stretch (note that Secretary of State’s comments pertain to lengths SCS2, SCS3 and SCS4 only)
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments. Considers that Duddon Bridge is not suitable for the route of a National Trail and is satisfied Natural England has proposed the most appropriate route available. Encourages Natural England to consider varying the route should a safe pedestrian crossing be created in future.
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 that Secretary of State’s comments pertain to lengths SCS2, SCS3 and SCS4 only)
Secretary of State’s conclusion and observation:
Secretary of State 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. Considers that Duddon Bridge is not suitable for the route of a National Trail and is satisfied Natural England has proposed the most appropriate route available. Encourages Natural England to consider varying the route should a safe pedestrian crossing be created in future. Is satisfied that elsewhere Natural England has proposed the most suitable route in line with the Coastal Access Scheme.
Representation No: MCA/SCS(W)/R/10/3481
Name of representation:
Cumbria County Council Copland Committee
Length Report and route section(s):
Whole stretch (note that Secretary of State’s comments pertain to lengths SCS2, SCS3 and SCS4 only)
Secretary of State’s conclusion and observation:
Secretary of State considers that Duddon Bridge is not suitable for the route of a National Trail and is satisfied Natural England has proposed the most appropriate route available. Encourages Natural England to consider varying the route should a safe pedestrian crossing be created in future.
Representation No: MCA/SCS(W)/R/13/3229
Name of representation:
Ramblers
Length Report and route section(s):
Whole stretch (note that Secretary of State’s comments pertain to lengths SCS2, SCS3 and SCS4 only)
Secretary of State’s conclusion and observation:
Secretary of State Secretary of State notes Natural England’s reasoning for its use of directions in length SCS2, SCS3 and SCS4. 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 that Secretary of State’s comments pertain to lengths SCS2, SCS3 and SCS4 only)
Secretary of State’s conclusion and observation:
Secretary of State Secretary of State notes Natural England’s reasoning for its use of directions in length SCS2, SCS3 and SCS4. 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 that Secretary of State’s comments pertain to lengths SCS2, SCS3 and SCS4 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 that Secretary of State’s comments pertain to lengths SCS2, SCS3 and SCS4 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. Welcomes the proposal to replace stiles along the route with more accessible gates.
Representation No: MCA/SCS(W)/R/5/0058
Name of representation:
Copland Borough Council
Length Report and route section(s):
Whole stretch (note that Secretary of State’s comments pertain to lengths SCS2, SCS3 and SCS4 only)
Secretary of State’s conclusion and observation:
Secretary of State considers that Duddon Bridge is not suitable for the route of a National Trail and is satisfied Natural England has proposed the most appropriate route available. Encourages Natural England to consider varying the route should a safe pedestrian crossing be created in future.
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 that Secretary of State’s comments pertain to lengths SCS2, SCS3 and SCS4 only)
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comments.
Representation No: MCA/SCS(W)/R/11/3478
Name of representation:
Woodland Trust
Length Report and route section(s):
Whole stretch (note that Secretary of State’s comments pertain to lengths SCS2, SCS3 and SCS4 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s commitment to consider and share the information provided with the access authority as appropriate.
Representation No: MCA/SCS2/R/6/3364
Name of representation:
United Utilities
Length Report and route section(s):
Length Report 2, SCS-2-OA035
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comments and is satisfied that there should be no additional impact on United Utilities’ operations.
Representation No: MCA/SCS2/R/10/3350
Name of representation:
National Trust
Length Report and route section(s):
Length Report 2, SCS-2-S077 and SCS-2-S078
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s commitment to consult the National Trust regarding the location and content of signs.
Representation No: MCA/SCS2/R/14/3229
Name of representation:
Ramblers
Length Report and route section(s):
Length Report 2, all route sections
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments. Considers that Duddon Bridge is not suitable for the route of a National Trail and is satisfied Natural England has proposed the most appropriate route available. Encourages Natural England to consider varying the route should a safe pedestrian crossing be created in future. Notes the route between Foxfield and Kirkby Pool is not the preferred alignment but is satisfied it is the most suitable route with regard to the safety of walkers. Notes that any more seaward paths would remain available as part of the coastal margin.
Representation No: MCA/SCS2/R/14/3229
Name of representation:
The Open Spaces Society
Length Report and route section(s):
Length Report 2, all route sections
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments. Considers that Duddon Bridge is not suitable for the route of a National Trail and is satisfied Natural England has proposed the most appropriate route available. Encourages Natural England to consider varying the route should a safe pedestrian crossing be created in future. Notes the route between Foxfield and Kirkby Pool is not the preferred alignment but is satisfied it is the most suitable route with regard to the safety of walkers. Notes that any more seaward paths would remain available as part of the coastal margin.
Representation No: MCA/SCS2/R/1/3240
Name of representation:
Askam and Ireleth Parish Council
Length Report and route section(s):
Length Report 2, taken to be SCS-2-S024 through to SCS-2-S071
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comments and is satisfied the proposals are appropriate. Welcomes commitment to work with Network Rail and Cumbria County Council regarding any future flood defence works.
Representation No: MCA/SCS2/R/2/3451
Name of representation:
Private individual
Length Report and route section(s):
Length Report 2, SCS-2-S001
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments. Considers that Duddon Bridge is not suitable for the route of a National Trail and is satisfied Natural England has proposed the most appropriate route available. Encourages Natural England to consider varying the route should a safe pedestrian crossing be created in future.
Representation No: MCA/SCS2/R/3/3453
Name of representation:
Private individual
Length Report and route section(s):
Length Report 2, SCS-2-S001
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments. Considers that Duddon Bridge is not suitable for the route of a National Trail and is satisfied Natural England has proposed the most appropriate route available. Encourages Natural England to consider varying the route should a safe pedestrian crossing be created in future.
Representation No: MCA/SCS2/R/4/3457
Name of representation:
Private individual
Length Report and route section(s):
Length Report 2, SCS-2-S001
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments. Agrees that Duddon Bridge is not suitable for the route of a National Trail and is satisfied Natural England has proposed the most appropriate route available. Encourages Natural England to consider varying the route should a safe pedestrian crossing be created in future.
Representation No: MCA/SCS2/R/5/3237
Name of representation:
Kirkby Ireleth Parish Council
Length Report and route section(s):
Length Report 2, all route sections
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No: MCA/SCS2/R/7/3310
Name of representation:
Kirkby Footpath and Cycleway Group
Length Report and route section(s):
Length Report 2, taken to be SCS-2-S001 to SCS-2-S036
Secretary of State’s conclusion and observation:
Secretary of State notes the prohibitive cost of attaching a path to the railway viaduct and is satisfied Natural England has proposed the most appropriate route available. Is satisfied the bridge at Kirkby Pool provides the best solution in this area.
Representation No: MCA/SCS2/R/8/3469
Name of representation:
Private individual
Length Report and route section(s):
Length Report 2, SCS-2-S001
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments. Considers that Duddon Bridge is not suitable for the route of a National Trail and is satisfied Natural England has proposed the most appropriate route available. Encourages Natural England to consider varying the route should a safe pedestrian crossing be created in future.
Representation No: MCA/SCS2/R/9/0197
Name of representation:
Millom without Parish Council
Length Report and route section(s):
Length Report 2, SCS-2-S001
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments. Considers that Duddon Bridge is not suitable for the route of a National Trail and is satisfied Natural England has proposed the most appropriate route available. Encourages Natural England to consider varying the route should a safe pedestrian crossing be created in future.
Representation No: MCA/SCS2/R/11/3393
Name of representation:
Millom Town, South Copeland Partnership and Millom & Haverigg Civic Society
Length Report and route section(s):
Length Report 2, SCS-2-S001
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments. Considers that Duddon Bridge is not suitable for the route of a National Trail and is satisfied Natural England has proposed the most appropriate route available. Encourages Natural England to consider varying the route should a safe pedestrian crossing be created in future.
Representation No: MCA/SCS2/R/12/3393
Name of representation:
Private individual
Length Report and route section(s):
Length Report 2, SCS-2-S001
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments. Considers that Duddon Bridge is not suitable for the route of a National Trail and is satisfied Natural England has proposed the most appropriate route available. Encourages Natural England to consider varying the route should a safe pedestrian crossing be created in future.
Representation No: MCA/SCS2/R/13/3239
Name of representation:
Duddon Parish Council
Length Report and route section(s):
Length Report 2, SCS-2-S001
Secretary of State’s conclusion and observation:
Secretary of State notes the prohibitive cost of attaching a path to the railway viaduct and is satisfied Natural England has proposed the most appropriate route available. Encourages Natural England to consider varying the route should a safe pedestrian crossing be created in future.
Representation No: MCA/SCS2/R/17/3461
Name of representation:
Private individual
Length Report and route section(s):
Length Report 2, SCS-2-S001
Secretary of State’s conclusion and observation:
Secretary of State agrees that Duddon Bridge is not suitable for the route of a National Trail but notes the prohibitive cost of attaching a path to the railway viaduct. Is satisfied Natural England has proposed the most appropriate route available. Encourages Natural England to consider varying the route should a safe pedestrian crossing be created in future.
Representation No: MCA/SCS3/R/1/3304 and MCA/SCS3/R/6/3304
Name of representation:
Associated British Ports
Length Report and route section(s):
Length Report 3, SCS-3-S031, SCS-3-S032, SCS-3-S034 and SCS-3-S035
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s confirmation that should Associated British Port’s operations require occasional path closures, these can be managed informally. Notes the reduced occupier’s liability associated with coastal access rights and that any works will be funded as part of the establishment of the route.
Representation No: MCA/SCS3/R/2/3229
Name of representation:
Ramblers
Length Report and route section(s):
Length Report 3, all route sections
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals at the stated route sections. Is satisfied the route between SCS-3-S050 to SCS-3-S057 is suitable for the trail.
Representation No: MCA/SCS3/R/3/0016
Name of representation:
The Open Spaces Society
Length Report and route section(s):
Length Report 3, all route sections
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals at the stated route sections. Is satisfied the route between SCS-3-S050 to SCS-3-S057 is suitable for the trail.
Representation No: MCA/SCS3/R/4/1257
Name of representation:
Private Individual
Length Report and route section(s):
Length Report 3, SCS-3-S041
Secretary of State’s conclusion and observation:
Secretary of State is satisfied the proposed route for the trail is appropriate and expects Cumbria County Council to follow the relevant best practice and legislation when undertaking establishment works.
Representation No: MCA/SCS3/R/5/1256
Name of representation:
Private Individual
Length Report and route section(s):
Length Report 3, SCS-3-S041
Secretary of State’s conclusion and observation:
Secretary of State is satisfied the proposed route for the trail is appropriate and expects Cumbria County Council to follow the relevant best practice and legislation when undertaking establishment works.
Representation No: MCA/SCS4/R/4/3332
Name of representation:
Historic England
Length Report and route section(s):
Length Report 4, SCS-4-S005 to SCS-4-S009
Secretary of State’s conclusion and observation:
Secretary of State notes Historic England’s comments.
Representation No: MCA/SCS4/R/5/0878
Name of representation:
Private individuals
Length Report and route section(s):
Length Report 4, route sections not specified but land on maps 4a and 4b
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments. Is satisfied the proposed route is appropriate and consistent with the approach set out in the Coastal Access Scheme and notes that the foreshore will remain available as part of the coastal margin. Notes Animal and Plant Health Agency advice regarding dogs and livestock and that walkers on the trail will be obliged to keep dogs on a short lead in the vicinity of livestock. Notes Natural England’s comments regarding funding and excepted land. Appreciates the issue raised regarding flooding but is satisfied that during such times walkers will be able to find their own alternative route.
Representation No: MCA/SCS4/R/6/3229
Name of representation:
Ramblers
Length Report and route section(s):
Length Report 4, all route sections
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals at the stated route sections. Notes the representation and Natural England’s comments. Is satisfied that Natural England has proposed the most suitable route available which is consistent with the Coastal Access Scheme.
Representation No: MCA/SCS4/R/7/0016
Name of representation:
Ramblers
Length Report and route section(s):
Length Report 4, all route sections
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals at the stated route sections. Notes the representation and Natural England’s comments. Is satisfied that Natural England has proposed the most suitable route available which is consistent with the Coastal Access Scheme.
Representation No: MCA/SCS4/R/1/3450
Name of representation:
Private individual
Length Report and route section(s):
Length Report 4, SCS-4-S063
Secretary of State’s conclusion and observation:
Secretary of State is satisfied Natural England has fully considered the options in this area and that the proposed route is appropriate.
Representation No: MCA/SCS4/R/2/3243
Name of representation:
Ulverston Town Council
Length Report and route section(s):
Length Report 4, taken to be SCS-4-S086 to SCS-4-S120
Secretary of State’s conclusion and observation:
Secretary of State notes the optional alternative route addresses points raised regarding inundation of the route and is satisfied Natural England’s proposals are appropriate.
Representation No: MCA/SCS4/R/3/3465
Name of representation:
Private individual
Length Report and route section(s):
Length Report 4, SCS-4-S085 onwards
Secretary of State’s conclusion and observation:
Secretary of State is satisfied Natural England’s proposals are appropriate.