Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Isle of Wight, lengths IOW8, IOW9
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 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 lengths IOW8 and IOW9. The proposals for IOW4 and IOW5 were determined in April 2022 and those lengths will open shortly. Proposals for IOW1, IOW2, IOW3, IOW6, IOW7 and IOW10 will be determined in due course.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Isle of Wight length reports IOW8 and IOW9 – 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 on .
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 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. 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 and August 2022; and
b. summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State in June and August 2022.
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 number: MCA/IOW8/R/1/IOW3854
Organisation/ person making representation:
The Ramblers
Route section(s) specific to this representation:
IOW 8
Other reports within stretch to which this representation also relates:
N/A
Secretary of State’s conclusion and observation:
Secretary of State welcomes support from The Ramblers and notes Natural England’s clarification that direction does not include the shingle beach and therefore agrees that the S25A direction does not need to be reviewed.
Representation number: MCA/IOW8/R/2/IOW0145
Organisation/ person making representation:
The Isle of Wight Council
Route section(s) specific to this representation:
IOW-8-S003 to IOW-8-S013
Other reports within stretch to which this representation also relates:
N/A
Secretary of States comments
Secretary of State thanks Isle of Wight Council for their cooperation and communication and is satisfied with Natural England’s updated maps incorporating the new infrastructure.
Representation number: 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.
Route section(s) specific to this representation:
Whole stretch
Other reports within stretch to which this representation also relates:
All reports
Secretary of State’s comments (note these comments relate to IOW8 & 9 only)
Increased visitor numbers
Secretary of State acknowledges the concerns raised by the Solent Recreation Mitigation Partnership regarding the pressure of increased visitor numbers and thanks the partnership for their general support of the ECP. Secretary of State is content with Natural England’s work to mitigate the impact of the ECP on vulnerable species and recommends that NE continue to engage with the partnership to ensure impact continues to be mitigated as much as possible.
Mapping of Spreading Zone
Secretary of State appreciates potential confusion from the relatively new use of magenta wash in mapping, however is satisfied with Natural England’s response and the use of it in many other areas. SoS recommends that local messaging is thought about carefully in establishment phase and that NE work with local groups on this.
Representation number: MCA/IOW Stretch/R/8/IOW3902
Organisation/ person making representation:
Redacted on behalf of the Isle of Wight Local Access Forum
Route section(s) 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 comments (note these comments relate to IOW8 & 9 only)
Secretary of State welcomes support and thanks the Isle of Wight Local Access Forum for it’s engagement with the programme during the development of proposals.
Representation ID: MCA/IOW Stretch/R/6/IOW0016
Organisation/ person making representation:
Open Spaces Society
Name of site:
IOW 2 - 10
Report map reference:
all
Route sections on or adjacent to the land:
all
Other reports within stretch to which this representation also relates
all
Secretary of State’s comment:
Secretary of State is content that Natural England’s decision as referenced in MCA/IOW8/R/1/IOW3854 is sufficient and stands.
Representation number: MCA/IOW9/R/2/IOW3889
Organisation/ person making representation:
The Ramblers
Route section(s) specific to this representation:
IOW 9 whole report, IOW-9-S001 to IOW-9-S052
Other reports within stretch to which this representation also relates:
N/A
Secretary of State’s comments
Secretary of State welcomes the positive engagement from The Ramblers during the development of Natural England’s proposals and the supportive comments.
Secretary of State notes the concern that the path can flood at high tides and is content with Natural England’s proposal to ensure advisory signs are included and the option for the Isle of Wight Coast Path to be used where needed.
Secretary of State notes that Natural England amended the proposed route at Spencer’s Wood and emailed the Ramblers to make them aware and is content with NE’s proposals to improve the route by replacing existing steps and putting in new steps in other locations where the trail steepens. The surfacing works required due to to the ground contamination will also help with the steep and slippy parts of the route.
Representation number: MCA/IOW9/R/1/IOW4195
Organisation/ person making representation:
Gurnard Parish Council
Route section(s) specific to this representation:
IOW-9-S013 to IOW-9-S022
Secretary of State’s comments
Secretary of State notes Gurnard Parish Councils representation and approves the modified route as set out in the map in annex 9. Secretary of State is content with the approach taken.
Representation number: MCA/IOW9/R/3/IOW0145
Organisation/ person making representation:
The Isle of Wight Council
Route section(s) specific to this representation:
IOW-9-S013 to IOW-9-S031
Secretary of State’s comments
Secretary of State welcomes the positive engagement between Natural England and the Council during the development of Natural England’s proposals and the supportive comments. Secretary of State notes the reviewed and amendments to the proposed route in response to the Gurnard Parish Council representation (above).
Summary of any similar or identical points within ‘other’ representations, and Secretary of State’s comments on them
Representation ID: MCA/IOW Stretch/R/5/IOW4210
Organisation/ person making representation:
The Disabled Ramblers
Name of site:
IOW 2 - 10
Report map reference:
all
Route sections on or adjacent to the land:
all
Other reports within stretch to which this representation also relates
all
Secretary of State’s comment (only relating to IOW8 & 9)
Secretary of State acknowledges the importance of accessibility throughout the ECP, as well as the difficult nature of some routes and terrain in coastal areas. Secretary of State notes that Natural England have followed the principles set out in ‘By All Reasonable Means’ and agrees that due to the nature of the Isle of Wight route, there are some parts that unfortunately will be difficult to make accessible for all-terrain mobility vehicles due to narrow cliff tops, land use on the island and erosion challenges.
Representation ID: MCA/IOW Stretch/R/3/IOW4199
Organisation/ person making representation:
Isle of Wight Area of Outstanding Natural Beauty Steering Committee
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
All
Secretary of State’s comment (IOW8 & 9 only):
Secretary of State thanks the Isle of Wight AONB Steering Committee for its engagement with Natural England during the development of proposals. Secretary of State agrees the coastal access legislation acknowledges the multiple interests at the coast. Secretary of State is content with the responses and measures put in place by Natural England.
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 comment: (IOW8 & 9 only)
Secretary of State agrees that Natural England and IOW council should consult with Southern Gas where necessary during the establishment phases of the route.
Representation ID: MCA/IOW8/R/3/IOW4145
Organisation/ person making representation:
The Solent Protection Society
Name of site:
Thorness Bay
Report map reference:
Map IOW 8a & 8b
Route sections on or adjacent to the land:
IOW-8-S001 to IOW-8-S014
Secretary of State’s comment:
Secretary of State is content that the infrastructure requirements and erosion concerns are addressed by Natural England in their response to MCA/IOW8/R/2/IOW0145. The IOW8 report sufficiently addresses, under ‘other options considered’, the reasoning for not aligning along the beach.
Representation ID: MCA/IOW8/R/4/IOW3215
Organisation/ person making representation:
Individuals- redacted
Name of site:
IOW 8
Report map reference:
Map IOW8b
Route sections on or adjacent to the land:
IOW-8-S013, IOW-8-S014, IOW-8-S015
Other reports within stretch to which this representation also relates
IOW-9-S001, IOW-9-S002
Secretary of State’s comment:
Secretary of State thanks the individuals for their supportive comments.
Representation ID: MCA/IOW Stretch/R/7/IOW4218
Organisation/ person making representation:
Individual- 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 comments (IOW8 & 9 only):
Secretary of State welcomes the representation made by the individual. Secretary of State believes the revised Habitats Regulation Assessment (HRA) is sufficiently detailed and relevant bodies and stakeholders were consulted with, including independent experts. Secretary of State is satisfied with the measures Natural England have taken here, including the mitigation measures included in the new HRA.
Representation ID: MCA/IOW9/R/4/IOW4145
Organisation/ person making representation:
The Solent Protection Society
Name of site:
Spencer Wood
Report map reference:
Map IOW 9a
Route sections on or adjacent to the land:
IOW-9-S014 to IOW-9-S021
Secretary of State’s comment:
Secretary of State agrees with the measures proposed by Natural England to improve the route and welcomes the support of the individual making this representation.
Representation ID: MCA/IOW9/R5/IOW4219
Organisation/ person making representation:
Individual- redacted
Name of site:
Spencer Wood
Report map reference:
Map IOW 9a
Route sections on or adjacent to the land:
IOW-9-S014 to IOW-9-S022
Secretary of State’s comment:
Secretary of State agrees with the measures proposed by Natural England to improve the route and welcomes the support of the individual making this representation.