Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Isle of Sheppey, IOS5 and IOS8
Updated 10 August 2022
Applies to England
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This publication is available at https://www.gov.uk/government/publications/coastal-access-section-52-notice-for-the-isle-of-sheppey/notice-by-the-secretary-of-state-under-section-52-of-the-national-parks-and-access-to-the-countryside-act-1949-isle-of-sheppey-ios5-and-ios8
Introduction
On 22 January 2020 Natural England submitted a compendium of coastal access reports relating to the Isle of Sheppey 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 IOS5 and IOS8. The proposals within length reports IOS1, 2, 4, 6, 7, 9 and 10 were determined separately on 12 November 2020. Proposals for IOS3 will be determined separately.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Isle of Sheppey length reports IOS5 and IOS8 – part of Natural England’s compendium of coastal access reports submitted to the Secretary of State on 22 January 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 reports 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 02 December 2020
In this notice –
(a) “objection” means an objection about the coastal access report which is made under paragraph 3 of the Schedule
(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 the proposal for the route and associated coastal margin as set out in coastal access reports IOS5 and IOS8.
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 reports, so far as they relate to those parts of the route (and associated coastal margin) to which the objections relate.
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 2 December 2020
d. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 2 December 2020
Natural England has also made available here:
e. Isle of Sheppey – the compendium of coastal access reports
Annex A: objections which did not fail to strike a “fair balance”
Objection Reference: MCA/IOS/5/1-3
The land in the report to which the objections relate is specifically route sections IOS-5-S002 and IOS-5-S003, as shown on Map IOS 5a. 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 IOS-5-S002 and IOS-5-S003.
Objection Reference: MCA/IOS/8/1
The land in the report to which the objection relates is specifically route section IOS-8-S005, as shown on Map 8b. 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 IOS-8-S005.
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/IOS Overview/R/1/IOS0076
Name of representation:
The Kent County Council Public Rights of Way and Access Service
Length Report and route section(s):
All stretch reports (Note that Secretary of State’s comments pertain to length IOS5 and IOS8 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes Kent County Council’s support and notes Natural England’s thanks to Kent County Council for their work developing coastal access on the Isle of Sheppey.
Representation No: MCA/IOS5/R/1/IOS1652
Name of representation:
Ramblers
Length Report and route section(s):
Reports IOS 5 and IOS 8
Secretary of State’s conclusion and observation:
Secretary of State welcomes and thanks the Ramblers for their support.
Notes the Ramblers comments regarding the inland diversion at Bells Creek. Is satisfied that from discussions with the Internal Drainage Board and the Environment Agency, Natural England have chosen the safest and most suitable option for the coast path.
Representation No: MCA/IOS2/R/1/IOS1651
Name of representation:
Historic England
Length Report and route section(s):
Whole stretch (Note that Secretary of State’s comments pertain to length IOS5 and IOS8 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes Historic England’s positive engagement throughout the development of the coastal access proposals. Notes Natural England’s comments that they have engaged with the Heritage Conservation Team at Kent County Council.
Notes that IOS5 and IOS8 do not contain or pass through any designated or non-designated archaeology and is satisfied Natural England have taken all relevant steps in developing their proposals.
Representation No: MCA/IOS Stretch/R/1/IOS0008
Name of representation:
Disabled Ramblers
Length Report and route section(s):
Whole stretch (Note that Secretary of State’s comments pertain to length IOS5 and IOS8 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes the Disabled Ramblers’ support for Natural England’s proposals.
Representation No: MCA/IOS stretch/R/2/IOS0137
Name of representation:
South Eastern Power Networks plc
Length Report and route section(s):
Whole stretch (Note that Secretary of State’s comments pertain to length IOS5 and IOS8 only)
Secretary of State’s conclusion and observation:
Secretary of State notes South Eastern Power Networks’ comments and that Kent County Council will be undertaking infrastructure work. Welcomes confirmation Kent County Council have been given South Eastern Power Networks’ contact details for any large excavation works that may be required.
Representation No: MCA/IOS8/R/2/IOS1669
Name of representation:
Private individual
Length Report and route section(s):
IOS8, IOS-8-S001 to IOS-8-S005
Secretary of State’s conclusion and observation:
Secretary of State notes the reasoning set out in response by Natural England. Is satisfied that Natural England has fully considered the effect of the proposals on sensitive wildlife and that an appropriate route has been proposed. Understands that Natural England has consulted the appropriate ornithological experts when planning this section.