Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Isle of Wight, length IOW6

Updated 7 May 2024

Applies to England

Introduction

On 18 March 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of coast around the Isle of Wight 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 IOW6. Proposals for lengths IOW4, IOW5, IOW8 and IOW9 were approved on 5th May 2023. Proposals covering the remainder of the route, IOW2, IOW3, IOW7 and IOW10 are yet to be determined.  

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

a. Isle of Wight length report IOW6 – part of Natural England’s coastal access report compendium for Isle of Wight submitted to the Secretary of State on 18 March 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 in June 2020

In this notice –

(a) “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 report IOW6.

The Secretary of State determines that the proposals set out in the coastal access report do not fail to strike a “fair balance”. 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).

Where proposals are approved in full, 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 in June 2020

c. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State in June 2020

Natural England has also made available here:

d. Isle of Wight - 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 ID:  MCA/IOW6/R/11/IOW3854

Organisation/ person making representation: The Ramblers, [redacted]

Route sections on or adjacent to the land:    IOW 6

Other reports within stretch to which this representation also relates: N/A

Secretary of State’s conclusion and observation:
The Secretary of State thanks The Ramblers Association for their support of the proposed coast path.

Representation ID: MCA/IOW6/R/12/IOW3854

Organisation/ person making representation: The Ramblers, [redacted]

Route sections specific to this representation:  IOW-6-S001 to IOW-6-S013

Other reports within stretch to which this representation also relates:   N/A

Secretary of State’s conclusion and observation:
The Secretary of State acknowledges the Ramblers’ proposal for a coastal path through Linstone Holiday Village. However, the Secretary of State supports Natural England’s proposed beach route, considering safety, geological preservation, and licensing challenges. This reflects the practicality, existing infrastructure, and recreational benefits highlighted by Natural England in coastal path planning.

Representation ID:   MCA/IOW6/R/13/IOW3854

Organisation/ person making representation: The Ramblers, [redacted]

Route sections specific to this representation:  IOW-6-S081 to IOW-6-S085

Other reports within stretch to which this representation also relates:   N/A

Secretary of State’s conclusion and observation:
The Secretary of State acknowledges the Ramblers’ proposal for a route through Gully Copse. However, the Secretary of State supports Natural England’s proposed route, taking into account safety concerns, impracticality due to coastal slope erosion, and the limited coastal views through Gully Copse.

Representation ID:   MCA/IOW6/R/18/IOW0145

Organisation/ person making representation: Isle of Wight Council, [redacted]

Route sections specific to this representation:   IOW-6-S008, IOW-6-S015 to IOW-6-S024 and IOW-6-S047 to IOW-6-S054

Other reports within stretch to which this representation also relates:   N/A

Secretary of State’s conclusion and observation:
The Secretary of State acknowledges the Isle of Wight Council’s concerns about the damaged Brambles Chine slipway. The Secretary of State notes Natural England’s assurance of funding for necessary slipway works at the implementation phase and supports the proposals.

Representation ID:  MCA/IOW6/R/19/IOW0145

Organisation/ person making representation: Isle of Wight Council, [redacted]

Route sections specific to this representation:   IOW-6-S008 to IOW-6-S011

Other reports within stretch to which this representation also relates:   N/A

Secretary of State’s conclusion and observation:
The Secretary of State acknowledges the Isle of Wight Council’s concerns about compliance with the Marine and Coastal Access Act 2009 and the importance of enhancing public enjoyment of the coast. However, the Secretary of State supports Natural England’s proposals, recognising that strict adherence to the Marine and Coastal Act 2009 may not always be feasible as significant detours may be required to accommodate other land uses or wildlife sensitivities. This is outlined in the Approved Scheme and is in line with section 297(2)(b) of the Marine and Coastal Act 2009.

Representation ID:  MCA/IOW6/R/20/IOW0145

Organisation/ person making representation: Isle of Wight Council, [redacted]

Route sections specific to this representation: IOW-6-S080 to IOW-6-S085

Other reports within stretch to which this representation also relates: N/A

Secretary of State’s conclusion and observation:
The Secretary of State notes that this representation by the Isle of Wight Council has been withdrawn.

Representation ID:   MCA/IOW Stretch/R/1/IOW3910

Organisation/ person making representation: [redacted] on behalf of Bird Aware Solent

The Solent Recreation Mitigation Partnership, a partnership comprising of the fifteen Solent local authorities (some of whom are themselves in the “full” category as Access Authorities), Natural England, the Royal Society for the Protection of Birds, the Hampshire & Isle of Wight Wildlife Trust, and Chichester Harbour Conservancy. The Partnership for South Hampshire provide political governance for the Solent Recreation Mitigation Partnership. This response is submitted with their support and backing, as such we are treating it as a “full” representation.

Other reports within stretch to which this representation also relates: All reports

Secretary of State’s conclusion and observation:
The Secretary of State acknowledges the concerns raised by the Solent Recreation Mitigation Partnership regarding the potential conflicts with their mitigation programme. However, Secretary of State supports Natural England’s proposals, acknowledging their efforts to mitigate Solent Special Protection Area impacts and ensure responsible access.

Representation ID:   MCA/IOW Stretch/R/8/IOW3902

Organisation/ person making representation: [redacted] on behalf of the Isle of Wight Local Access Forum

Route sections specific to this representation: Whole stretch – Reports 2 to 10

Other reports within stretch to which this representation also relates: As above

Secretary of State’s conclusion and observation:
The Secretary of State acknowledges the Isle of Wight Local Access Forum’s challenges in formulating a response amid the COVID-19 pandemic and appreciates their consistent engagement in helping shape Natural England’s proposals.

Representation ID:   MCA/IOW Stretch/R/6/IOW0016

Organisation/ person making representation: Open Spaces Society

Route sections specific to this representation: IOW 2 - 10

Other reports within stretch to which this representation also relates: All

Secretary of State’s conclusion and observation:
The Secretary of State acknowledges The Open Spaces Society’s support for The Ramblers’ Association’s representations and supports Natural England’s responses to these representations, as outlined under the following representation IDs: MCA/IOW6/R/11/IOW3854, MCA/IOW6/R/12/IOW3854 and MCA/IOW6/R/13/IOW3854.

Representation ID:    MCA/IOW6/R/1/IOW0158, MCA/IOW6/R/4/IOW1543, MCA/IOW6/R/23/IOW3351, MCA/IOW6/R/2/IOW4107, MCA/IOW6/R/3/IOW4198, MCA/IOW6/R/14/IOW4206, MCA/IOW6/R/21/IOW4109, MCA/IOW6/R/22/IOW4109, MCA/IOW6/R/5/IOW4110, MCA/IOW6/R/27/IOW4115, MCA/IOW6/R/7/IOW4124, MCA/IOW6/R/24/IOW4128, MCA/IOW6/R/17/IOW4209, MCA/IOW6/R/28/IOW4221

Name of site: Linstone Chine Holiday Park/ Brambles Chine

Report map reference: IOW 6a

Route sections on or adjacent to the land: IOW-6-S007 to IOW-6-S0012

Other reports within stretch to which this representation also relates: N/A

Secretary of State’s conclusion and observation:
The Secretary of State acknowledges Linstone Chine Management Company (LCMC) and Isle of Wight residents’ support for Natural England’s proposed IOW6 route, noting their desire for additional enhancements such as steps at Brambles Chine slipway, signage in the holiday village, and clear indication of restricted access areas along the coast path. The Secretary of State supports Natural England’s measures and notes their intention to incorporate these requested measures.

Representation ID:   MCA/IOW6/R/8/IOW3876, MCA/IOW6/R/6/IOW4200, MCA/IOW6/R/10/IOW4205, MCA/IOW6/R/15/IOW4207, MCA/IOW6/R/16/IOW4208, MCA/IOW6/R/26/IOW4220

Organisation/ person making representation: [redacted]

Report map reference: IOW 6a

Route sections on or adjacent to the land: IOW-6-S001 to IOW-6-S0012 including alternative route IOW-6-A001 to IOW-6-A022

Other reports within stretch to which this representation also relates: N/A

Secretary of State’s conclusion and observation:
The Secretary of State notes the representation’s request to relocate the coastal path and expressed safety concerns, particularly regarding the low tide beach route. However, the Secretary of State supports Natural England’s response, highlighting the impracticality of the proposed route due to geological designations, lack of public rights of way, and the negligible additional recreational value.

Representation ID:    MCA/IOW Stretch/R/5/IOW4210

Organisation/ person making representation: The Disabled Ramblers

Route sections specific to this representation: IOW 2 - 10

Other reports within stretch to which this representation also relates: All

Secretary of State’s conclusion and observation:
The Secretary of State acknowledges The Disabled Ramblers’ concerns about accessibility for users of large mobility vehicles along the Isle of Wight stretch of the King Charles III England Coast Path. However, the Secretary of State supports Natural England’s proposals, recognising their efforts in making the trail more inclusive, while noting the challenges for large mobility vehicles, which persist due to topographical constraints such as steep gradients, narrow pathways, and unavoidable steps in certain areas. The Secretary of State also notes that Natural England has addressed these challenges by providing optional alternative routes where feasible.

Representation ID:   MCA/IOW Stretch/R/3/IOW4199

Organisation/ person making representation: [redacted] on behalf of Isle of Wight Area of Outstanding Natural Beauty Steering Committee

Route sections specific to this representation: All

Other reports within stretch to which this representation also relates: All

Secretary of State’s conclusion and observation:
The Secretary of State acknowledges the Isle of Wight Area of Outstanding Natural Beauty (AONB) Steering Committee’s considerations and concerns about the proposed King Charles III England Coast Path on the Isle of Wight, including missed opportunities for better access and potential conflicts between regulations. However, the Secretary of State supports Natural England’s response, highlighting their commitment to continuous evaluation and monitoring, incorporating fixed-point photography for future assessments to ensure positive conservation impacts and landscape enhancement, in line with Isle of Wight AONB’s objectives.

Representation ID:     MCA/IOW Stretch/R/2/IOW0259

Organisation/ person making representation: Southern Gas

Name of site:   Stretch wide

Report map reference: All

Route sections on or adjacent to the land: Specified within the supporting documentation

Other reports within stretch to which this representation also relates: All

Secretary of State’s conclusion and observation:
The Secretary of State acknowledges Southern Gas’s concerns and notes Natural England’s commitment to consult with Southern Gas during the establishment phase, ensuring collaborative efforts for gas infrastructure safety along the proposed King Charles III England Coast Path on the Isle of Wight.

Representation ID:    MCA/IOW6/R/25/IOW3866

Organisation/ person making representation: Bourne Leisure (agent from Lichfields acting on behalf of its client Bourne Leisure)

Name of site: Norton Grange Coastal Village

Report map reference: Map 6b

Route sections on or adjacent to the land: IOW-6-S025, IOW-6-S027 to IOW-6-S028

Other reports within stretch to which this representation also relates: N/A

Secretary of State’s conclusion and observation:
The Secretary of State acknowledges Bourne Leisure’s supportive representation for the proposed route and notes Natural England’s commitment to engage in discussions with them if rollback becomes necessary.

Representation ID:   MCA/IOW6/R/9/IOW3876

Organisation/ person making representation: [redacted]

Name of site: Hamstead

Report map reference:   IOW 6e and IOW 6f

Route sections on or adjacent to the land: IOW-6-S080 to IOW-6-S084

Other reports within stretch to which this representation also relates: IOW 2, IOW 7 (Cover letter)

Secretary of State’s conclusion and observation:
The Secretary of State acknowledges [redacted]’s proposal for a route alignment along an existing footpath to enhance coastal views and using local tracks to bypass Hamstead Farm. However, the Secretary of State supports Natural England’s decision not to align through the existing footpath, due to the reasons outlined in Natural England’s response to representation ID: MCA/IOW6/R/13/IOW3854.

Representation ID:   MCA/IOW Stretch/R/7/IOW4218

Organisation / person making representation: [redacted]

Name of site:    Stretch wide

Report map reference: All

Route sections on or adjacent to the land:   All

Other reports within stretch to which this representation also relates: IOW 2, 6, 7, 8, 9 & 10 (This representation also relates to the report titled Habitats Regulations Assessment of England Coastal Path proposals between Wotton Bridge and East Cowes ferry terminal)

Secretary of State’s conclusion and observation:
The Secretary of State acknowledges [redacted]’s detailed representation, which raised concerns regarding data adequacy, management regimes, Annex inclusion, route options, and mitigation efficacy. However, Secretary of State supports Natural England’s response, which includes revisions to the Habitats Regulations Assessment, incorporation of additional data, alignment adjustments based on expert advice, and the implementation of mitigation measures. The Secretary of State also recognises the efforts made by Natural England to address the issues raised, ensuring a robust ecological assessment and effective management of potential environmental impacts on the designated sites.