Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Southend-on-Sea to Wallasea Island, length SWI4

Updated 18 March 2021

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Introduction

On 16 October 2019 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Southend-on-Sea and Wallasea Island 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 length SWI4. The proposals within length reports SWI1, SWI2, SWI3, SWI5 and SWI6 were determined separately on 23 April 2020.

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

  • a. Southend-on-Sea to Wallasea Island length report SWI4 – part of Natural England’s compendium of coastal access reports submitted to the Secretary of State on 16 October 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 January 2020.

In this notice –

  • (a) “objection” means an objection about the coastal access report which is made under paragraph 3 of the Schedule; and
  • (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 those proposals for the route and associated coastal margin as set out in the coastal access report SWI4.

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. 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 January 2020; and
  • d. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 31 January 2020.

Natural England has also made available here:

  • e. Southend-on-Sea to Wallasea Island – the compendium of coastal access reports.

Annex A: Objections which did not fail to strike a “fair balance”

Objection Reference: MCA/SWI4/1

The land in the Report to which the objection relates is route sections SWI-4-SO15 and SWI-4-SO16 (as shown on Map 4a). 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 SWI-4-SO15 and SWI-4-SO16 with the land management direction proposed by Natural England excluding the cricket pitch from public access during the playing season.

Objection Reference: MCA/SWI4/2

The land in the Report to which the objection relates is route sections SWI-4-SO15 and SWI-4-SO16 (as shown on Map 4a). 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 SWI-4-SO15 and SWI-4-SO16 with the land management direction proposed by Natural England excluding the cricket pitch from public access during the playing season.

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/SWIStretch/R/9/SWI0019

Name of representation:

Ramblers Association

Report Chapter and route section(s):

Whole Stretch (Secretary of State comments pertain to length SWI4 only)

Secretary of State’s conclusion and observation:

Welcomes the Ramblers Association’s representation which is broadly in favour of the proposals. Notes Natural England’s comments on Potton Island.

Representation No. MCA/SWIStretch/R/10/SWI0697

Name of representation:

Disabled Ramblers

Report Chapter and route section(s):

Whole Stretch (Secretary of State comments pertain to length SWI4 only)

Secretary of State’s conclusion and observation:

Secretary of State encourages Natural England to continue working with the access authority and Disabled Ramblers to improve the accessibility of the trail where possible.

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