Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Mablethorpe to Humber Bridge MHB1, MHB3 and MHB4
Updated 20 October 2022
Applies to England
© Crown copyright 2022
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This publication is available at https://www.gov.uk/government/publications/coastal-access-section-52-notice-for-mablethorpe-to-humber-bridge/notice-by-the-secretary-of-state-under-section-52-of-the-national-parks-and-access-to-the-countryside-act-1949-mablethorpe-to-humber-bridge-mhb1-mhb
Introduction
On 12 May 2021, Natural England submitted a compendium of coastal access reports relating to the stretch of land between Mablethorpe and Humber Bridge 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 MHB1, MHB3 and MHB4. The proposals for MHB2 will be determined separately.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Mablethorpe to Humber Bridge lengths MHB1, MHB3 and MHB4 – part of Natural England’s coastal access report compendium for Mablethorpe to Humber Bridge submitted to the Secretary of State on 12 May 2021;
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 22 October 2021.
In this notice –
(a) “objection” means an objection about the coastal access report which is made under paragraph 3 of Schedule 20 of the Marine and Coastal Access Act 2009; and
(b) “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 in full those proposals for the route and associated coastal margin as set out in length reports MHB1, MHB3 and MHB4, 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 https://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 22 October 2021; and
C. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 22 October 2021.
Natural England has also made available here:
D. Mablethorpe to Humber Bridge: 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/MHB1/R/1/MHB1551
Name of representation:
Ramblers - Lincolnshire
Length Report and Route Section(s):
Length Report 1, all route sections
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation which is supportive of Natural England’s proposals.
Representation No. MCA/MHB3/R/1/MHB1551
Name of representation:
Ramblers – Lincolnshire
Length Report and Route Section(s):
Length Report 3, all sections
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation which is supportive of Natural England’s proposals.
Representation No. MCA/MHB3/R/3/MHB1453
Name of representation:
RSPB
Length Report and Route Section(s):
Report HBE 3: Map MHB 3C: Lakeside Central to Central Promenade.
Sand and shingle ridge in coastal margin adjacent to MHB-3-S016 CP, known locally as ‘The Whale back’.
Secretary of State’s conclusion and observation:
Secretary of State is satisfied that Natural England has fully considered the impact of proposals on roosting birds in this area. Is content with Natural England’s recommendation that good quality visitor engagement be implemented in this area and welcomes offer to work with North East Lincolnshire Council to implement this during the establishment phase.
Notes that access already exists over this area but welcomes Natural England’s intention not to promote new coastal access rights in this case.
Representation No. MCA/MHB4/R/2/MHB1551
Name of representation:
Ramblers – Lincolnshire
Length Report and Route Section(s):
MHB Report 4 – all sections
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation which is supportive of the proposals.
Other Representations
Representation No. MCA/Whole Stretch/R/1/MHB1550
Name of representation:
Private Individual
Length Report and Route Section(s):
Whole stretch (note Secretary of State comments pertain to lengths MHB1, MHB3 and MHB4 only)
Secretary of State’s conclusion and observation:
Secretary of State notes the information provided in the representation.
Representation No. MCA/WHOLESTRETCH/R/2/MHB0027
Name of representation:
Humber Nature Partnership
Length Report and Route Section(s):
MHB Report 4 – all sections
Secretary of State’s conclusion and observation:
Secretary of State is satisfied Natural England has produced a thorough Habitats Regulations Assessment and Nature Conservation Assessment for this stretch and consulted nature specialists when proposing the route in this area.
Notes Natural England’s comments regarding Rosper Road Pools and the ‘whaleback’ sandbank. Is content that the route is consistent with the associated HRA and NCA.
Representation No. MCA/MHB1/R/2/MHB0178
Name of representation:
Lichfields, on behalf of Bourne Leisure Ltd
Length Report and Route Section(s):
MHB-1-S001 to S012
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation which is supportive of the proposals.
Representation No. MCA/MHB3/R/2/MHB0053
Name of representation:
Associated British Ports
Length Report and Route Section(s):
MHB-3-S021 to MHB-3-S073 and MHB-3-S091 to MHB-3-121
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments. Is satisfied that Natural England’s proposals are appropriate.
Representation No. MCA/MHB4/R/3/MHB0053
Name of representation:
Associated British Ports
Length Report and Route Section(s):
MHB-4-S001 to MHB-4-S026 FP
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments. Is satisfied that Natural England’s proposals are appropriate.
Representation No. MCA/MHB4/R/4/MHB0013
Name of representation:
National Grid
Length Report and Route Section(s):
MHB-4-S048 FP to MHB-4-S049 FP
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and thanks National Grid for their contribution.
Annex B: conclusions and observations on representations with modifications
Representation No. MCA/MHB4/R/5/MHB0011
Name of representation:
Environment Agency
Length Report and Route Section(s):
MHB-4-S046 to MHB-4-S065
Secretary of State’s conclusion and observation:
Secretary of State is content that complex rollback be added to the route in this area as discussed in the relevant representation. This includes the revised table included in the Natural England comments.
Representation No. MCA/MHB4/R/1/MHB1514
Name of representation:
The Humber Bridge Board
Length Report and Route Section(s):
MHB-4-S111 and MHB-4-OA002
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the Humber Bridge Board which is supportive of the path.
Notes that Natural England supports the Board’s proposed modification to move the path to the landward side of the bridge, which would provide for better continuous access.
Approves the modification detailed in the representation along with the amended map in the supporting documents.