Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Isle of Wight, lengths IOW4 and IOW5
Updated 7 May 2024
Applies to England
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Introduction
On 18 March 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Wootton Bridge and The Medina on the Isle of Wight (“the coastal access report”) 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 IOW4 and IOW5. The proposals for IOW2, IOW3 and IOW6 through to IOW10 will be determined separately. The length of coast between East Cowes and Wootton Bridge is a separate standalone stretch which will be published in due course.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Isle of Wight lengths IOW4 and IOW5 – part of Natural England’s coastal access report compendium for Isle of Wight (Reports IOW2 to IOW10) 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 on 29 July 2021 for IOW5, and 4 February 2022 for IOW4.
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 with modification those proposals for the route and associated coastal margin as set out in length reports IOW4 and IOW5, in relation to which no objections were made.
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.
Where proposals are approved with modification, 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. 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 29 July 2021 for IOW5 and 4 February 2022 for IOW4; and
c. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 29 July 2021 for IOW5 and 4 February 2022 for IOW4.
Natural England has also made available here:
d. Isle of Wight (Reports IOW2 to IOW10): 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/IOW Stretch/R/1/IOW3910
Name of representation:
Bird Aware Solent
Length Report and route section(s):
Whole stretch (note that Secretary of State’s comments pertain to lengths IOW4 and IOW5 only)
Secretary of State’s conclusion and observation:
Secretary of State is satisfied Natural England has fully considered the effects of increased visitor numbers on birds within the Solent SPAs and that the proposals are suitable. Encourages Natural England’s continued close working with Bird Aware Solent during the establishment of the trail.
Notes the decision to depict coastal margin using a magenta coloured wash was made in 2014 following discussions with the Coastal Access National Stakeholder Group, and that this is not part of the proposals. Notes, however, Natural England’s view that this approach has been working well since 2014 and depicting the coastal margin in this way has not brought walkers and wildlife into conflict. Encourages Natural England to continue monitoring.
Representation MCA/IOW Stretch/R/8/IOW3902
Name of representation:
Isle of Wight Local Access Forum
Length Report and route section(s):
Whole stretch (note that Secretary of State’s comments pertain to lengths IOW4 and IOW5 only)
Secretary of State’s conclusion and observation:
Secretary of State notes difficulties caused by Covid-19 but welcomes confirmation that the Forum was able to engage fully prior to the publication of proposals.
Representation No. MCA/IOW Stretch/R/6/IOW0016
Name of representation:
Open Spaces Society
Length Report and Route section(s):
Whole stretch (note that Secretary of State’s comments pertain to lengths IOW4 and IOW5 only)
Secretary of State’s conclusion and observation:
Secretary of States notes the representation and refers to comments given on the following representations submitted by the Ramblers: MCA\IOW4/R/1/IOW3854, MCA/IOW5/R/1/IOW3889, MCA/IOW5/R/2/IOW3889, MCA/IOW5/R/3/IOW3889 and MCA/IOW5/R/4/IOW3889.
Representation MCA/IOW Stretch/R/5/IOW4210
Name of representation:
Disabled Ramblers
Length Report and route section(s):
Whole stretch (note that Secretary of State’s comments pertain to lengths IOW4 and IOW5 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s comment that most of IOW4 and IOW5 are accessible to all-terrain mobility vehicles, but acknowledges locations where steps are unavoidable. Encourages Natural England to work with the access authority to increase the accessibility of the trail where possible and avoid infrastructure being the limiting factor for users with mobility issues.
Representation MCA/IOW Stretch/R/3/IOW4199
Name of representation:
Isle of Wight Area of Outstanding Natural Beauty Steering Committee
Length Report and route section(s):
Whole stretch (note that Secretary of State’s comments pertain to lengths IOW4 and IOW5 only)
Secretary of State’s conclusion and observation:
Secretary of State is satisfied Natural England has fully considered the effect of the trail on European protected sites and notes Natural England’s view that coastal access is compatible with their successful management.
Notes Natural England’s comments regarding management techniques and welcomes the proposed programme evaluation, including consideration of using fixed point photography. Encourages Natural England’s commitment to ensure signage and other infrastructure is in keeping with the local area.
Representation MCA/IOW Stretch/R/2/IOW0259
Name of representation:
Southern Gas
Length Report and route section(s):
Whole stretch (note that Secretary of State’s comments pertain to lengths IOW4 and IOW5 only)
Secretary of State’s conclusion and observation:
Secretary of State notes confirmation Natural England and Isle of Wight Council will consult Southern Gas as necessary during the establishment phase.
Representation No. MCA\IOW Stretch/R/4/IOW3891
Name of representation:
Isle of Wight Gardens Trust
Length Report and Route section(s):
Length Report 4, map 4a
Secretary of State’s conclusion and observation:
Secretary of State welcomes the support of the Isle of Wight Gardens Trust.
Representation No MCA/IOW5/R/1/IOW3889
Name of representation:
The Ramblers
Length Report and route section(s):
All of Length Report 5
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No MCA/IOW5/R/2/IOW3889
Name of representation:
The Ramblers
Length Report and route section(s):
Length Report 5, IOW-5-S015 to IOW-5-S016
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comments and is satisfied the proposals are appropriate.
Representation No MCA/IOW5/R/3/IOW3889
Name of representation:
The Ramblers
Length Report and route section(s):
Length Report 5, IOW-5-S036 to IOW-5-S044
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comments and is satisfied the proposals are appropriate. Notes the proposed route will be more accessible to those with limited mobility and is aligned further seaward than the existing coast path.
Representation No MCA/IOW5/R/4/IOW3889
Name of representation:
The Ramblers
Length Report and route section(s):
Length Report 5, IOW-5-S051 to IOW-5-S055
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comments and is satisfied the proposals are appropriate and consistent with the relevant legislation and the Coastal Access Scheme. Notes the trail will follow an established alignment which the Needles Landmark Attraction considers to be the safest route for walkers through its site.
Representation No MCA/IOW5/R/6/IOW0145
Name of representation:
Isle of Wight Council
Length Report and route section(s):
Length Report 5, IOW-5-S052 to IOW-5-S054
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comments and is satisfied the proposals are appropriate and consistent with the relevant legislation and the Coastal Access Scheme.
Notes the trail will follow the established alignment of the Isle of Wight Coastal Path, which the Needles Landmark Attraction as landowner considers to be the safest route for walkers. Notes the subsequent discussions between Natural England and Isle of Wight Council regarding funding of trail infrastructure.
Annex B: conclusions and observations on representations with modifications
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/IOW4/R/1/IOW3854
Name of representation:
The Ramblers
Length Report and Route section(s):
IOW4
Secretary of State’s conclusion and observation:
Secretary of State welcomes the Ramblers’ support for the trail and ongoing positive engagement. Notes the condition of the path at IOW-4-S004 has deteriorated since publication of proposals and notes agreement between Natural England and relevant parties to agree a new route in this area.
Is satisfied that Natural England has taken relevant steps to consult with the Highways Authority to assess the route for pedestrians and notes infrastructure will be installed where necessary to ensure the safety of walkers. Encourages Natural England to keep the safety of the route aligned along Undercliff Drive under review should circumstances change in future.
Is satisfied the proposed route at Whale Chine is appropriate.
Secretary of State approves the proposals, subject to modification of the route at IOW-4-S004.
Representation No. MCA/IOW4/R/2/IOW0145
Name of representation:
The Isle of Wight Council
Length Report and Route section(s):
IOW4
Secretary of State’s conclusion and observation:
Secretary of State welcomes the Isle of Wight Council’s support and notes their ongoing positive engagement. Notes subsequent discussions between Natural England and the Council regarding Undercliff Drive and Castlehaven Lane.
Notes the Council’s and Natural England’s proposal to include the remaining part of Charles Wood at IOW-S013 to S018 as landward coastal margin.
Is content to approve the proposals, subject to modification of the route to adopt the Council owned land at Charles Wood into the margin.
Representation No MCA/IOW5/R/5/IOW0145
Name of representation:
Isle of Wight Council
Length Report and route section(s):
Length Report 5, IOW-5-S036 to IOW-5-S047 and IOW-5-S062
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposed route between IOW-5-S036 and IOW-5-S047.
Notes Natural England has worked with Isle of Wight Council and landowners to agree a new route where the existing path has eroded away. In view of this, Secretary of State approves the proposals subject to modification. The modification is to follow the public right of way landward of the eroded path for approximately 500m, and then return to the clifftop via a new path which will be created as part of the establishment works.
Shepherd’s Chine
Secretary of State notes that since publication of proposals there has been a change of land use and development adjacent to the route at route sections IOW-4-S087 and IOW-4-S088. Notes that to accommodate these changes Natural England has proposed two modifications with the agreement of the respective landowners. The modifications are:
a. At the junction of IOW-4-S087 and IOW-4-S088, a realignment of the path so that both route sections are to be set back 15 metres from where they were proposed to meet Military Road, minimising use of the field gate by users of the trail.
b. Splitting IOW-4-S088 into IOW-4-S088a and IOW-4-S088b. IOW-4-S088a to remain unchanged except as described above and IOW-4-S088b to be moved further seaward along the conditioned access that was included as part of the planning consent for development taking place landward of the trail.
Secretary of State approves the proposals subject to modification at route sections IOW-4-S087 and IOW-4-S088.
Brighstone Holiday Park
Secretary of State notes that since publication of proposals, erosion of the seaward bank at the western side of Brighstone Holiday Park and a desire to modify the existing permissive path has given need to move the trail in this area. Notes that Natural England has negotiated a realignment of the permissive path with the landowner.
Secretary of State approves the proposals subject to modification at route sections IOW-4-S109 to IOW-4-S114. The modification is to realign the permissive path at Brighstone Holiday Park further seaward, except for the western end which will be moved further landward and away from erosion to ensure safety of walkers when using the path.
Blackgang Chine
Secretary of State notes that since publication of proposals, further visits from Natural England and consultation with the landowner has resulted in a proposed realignment of the path at Blackgang Chine overflow car park to follow the existing Isle of Wight Coast Path instead of the public right of way that crosses the overflow car park. Notes that the modified route is safer for users and avoids the car park which becomes busy during the summer months.
Secretary of State approves the proposals subject to modification at IOW-4-S058 and IOW-4-S059 to move the path so it aligns with existing Isle of Wight Coast Path and follows the verge along Blackgang Road up to Blackgang roundabout.
Shippards Chine
Secretary of State notes that since publication of proposals, part of the clifftop path at Shippards Chine has eroded and Natural England has negotiated a revised route with the landowner.
In view of this, Secretary of State approves the proposals subject to modification at route sections IOW-5-S010 to IOW-5-S012. The modification is for the trail to pass through the National Trust car park landward of the eroded path section, which is already in operation as part of the Isle of Wight Coast Path.
Freshwater Bay
Secretary of State notes that since publication of proposals, part of the route at Freshwater Bay has been closed due to coastal erosion and that in the published proposals the landward side of the route at IOW-5-S035 had been incorrectly attributed as Section15 land instead of Countryside Rights of Way (CRoW) open access land. Further notes that Natural England has negotiated with the landowner to realign the path at Freshwater Bay further inland to an existing used path, and that the landowner has now agreed for the CRoW Access land along IOW-5-S035 to be adopted into the landward coastal margin.
Secretary of State approves the proposals subject to modification of the route at sections IOW-5-S030 to IOW-5-S035 to realign the path to the existing used footpath north of the original proposed route and to adopt the CRoW open access land north of the trail into the landward coastal margin.