Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Aust to Brean Down, length ABD6
Updated 7 May 2024
Applies to England
© Crown copyright 2024
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Introduction
On 25 July 2019 Natural England submitted a compendium of coastal access reports relating to the stretch of coast between Aust to Brean Down 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 ABD6. Proposals for lengths ABD2, ABD3, ABD4, ABD5, ABD7, ABD8, ABD9 and ABD10 were approved on 9th July 2020. Length ABD1 was approved on 23rd June 2022.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Aust to Brean Down report ABD6 – part of Natural England’s coastal access report compendium for Aust to Brean Down submitted to the Secretary of State on 25 July 2019
b. in accordance with paragraph 16(1)(a) of the Schedule, the objections which the appointed person determined to be an admissible objection
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 an admissible objection
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 in February 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 those proposals for the route and associated coastal margin as set out in length report ABD6.
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.
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 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 in September 2019
d. summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State in September 2019
Natural England has also made available here:
e. Aust to Brean Down - the compendium of coastal access reports
Annex A: Objections which did not fail to strike a “fair balance”
Objection reference: MCA/ABD6/O/1/ABD1502
The land in the Report to which the objection relates are route sections ABD-6-S018. The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to this route section.
Objection reference: MCA/ABD6/O/3/ABD0798
The land in the Report to which the objection relates are route sections ABD-6-S041. The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to this route section.
Objection reference: MCA/ABD6/O/4/ABD0802
The land in the Report to which the objection relates are route sections ABD-6-S037 to S039. The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to this route section.
Objection reference: MCA/ABD6/O/5/ABD0940
The land in the Report to which the objection relates are route sections ABD-6-S022 – ABD-6-S02. The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to this route section.
Objection reference: MCA/ABD6/O/6/ABD0940
The land in the Report to which the objection relates are route sections ABD-6-S034 – ABD-6-S035. The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to this route section.
Objection reference: MCA/ABD6/O/7/ABD0946
The land in the Report to which the objection relates are route sections ABD-6-S013. The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to this route section subject to either proposed modification of route section ABD-6-S013 and ABD-6-S014.
Objection reference: MCA/ABD6/O/8/ABD1563
The land in the Report to which the objection relates are route sections ABD-6-S019, ABD-6-S022. ABD-6-S025 and ABD-6-S032 – ABD-6-S033. The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to this route section subject to the provision of an alternative corral of the same size and style at route section ABD-6-S019. It should also be noted that maintenance of said corral should be paid for by the landowner.
Objection reference: MCA/ABD6/O/9/ABD1343
The land in the Report to which the objection relates are route sections ABD-6-S020 – ABD-6-023. The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to this route section.
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 number: MCA/ABD Stretch/R/5/ABD1687
Organisation/ person making representation: North Somerset Council
Other reports within stretch to which this representation also relates: ABD4, ABD5, ABD6, ABD8 and ABD9
Secretary of State’s conclusion and observation:
The Secretary of State thanks the North Somerset Council for its advice and cooperation and notes the views provided on the benefits for residents and visitors to the area. The Secretary of State recognises Natural England’s cooperation with the council to ensure the King Charles III England Coast Path is developed successfully.
Representation number: MCA/ABD Stretch/R/7/ABD1899
Organisation/ person making representation: The Environment Agency
Other reports within stretch to which this representation also relates: ABD1, ABD2, ABD4, ABD7, ABD10
Secretary of State’s conclusion and observation:
The Secretary of state thanks the Environment Agency for their support for the King Charles III England Coast Path and appreciates their cooperation and advice to date, particularly on topics such as requirement for a Flood Risk Activity Permit for future work or realignment along the route. The Secretary of State recognises Natural England’s commitment to continue close cooperation with the Environment Agency during the establishment phase of the coast path project. The Secretary of State also notes the requirement to direct any future queries through the Wessex Sustainable Places team.
Representation number: MCA/ABD6/R/14/ABD1843
Organisation/ person making representation: [redacted], BASC
Report map reference: ABD 6a to ABD 6f
Secretary of State’s conclusion and observation:
The Secretary of State thanks the Association (British Association for shooting and conservation) for its comments and constructive engagement during the development of the proposals for the proposed route. The Secretary of State recognises Natural England’s proposal to discuss the potential of wildfowling interpretation boards along the route. Natural England have also explained they can give a direction at very short notice to restrict or exclude access rights for nature conservation reasons, using powers available to them under section 26(3)(a) of the Countryside and Rights of Way Act 2000.
Representation number: MCA/ABD6/R/27/ABD1650
Organisation/ person making representation: Clevedon Wildfowlers Association
Report map reference: ABD 6d
Route section(s) specific to this representation: ABD-6-S034 to ABD-6-S042
Secretary of State’s conclusion and observation:
The Secretary of State thanks the members of the Clevedon Wildfowlers Association for their constructive engagement during the development of the proposals for the route. The Secretary of State recognises Natural England’s decision not to install further fencing along the seawall or impose further restrictions on dog-walkers to ensure the proposed route strikes a fair balance.
Representation number: MCA/ABD6/R/28/ABD1650
Organisation/ person making representation: Clevedon Wildfowlers Association
Report map reference: ABD 6d
Route section(s) specific to this representation: ABD- 6-S030 to ABD -6-SO34
Secretary of State’s conclusion and observation:
The Secretary of State thanks Clevedon Wildfowlers Association for their comments on the proposed route of the King Charles III England Coast Path. The Secretary of State notes Natural England’s proposal to exclude access rights between the path and the sea to reduce disturbance. Natural England has also proposed more stringent direction such as requiring coast path users to keep dogs on leads on sections ABD-6-S032 and ABD-6-S033 and planting a willow screen and fence at section ABD-6-S030.
Representation number: MCA/ABD6/R/29/ABD1650
Organisation/ person making representation: Clevedon Wildfowlers Association
Report map reference: ABD 6d, ABD 6e, ABD 6f
Route section(s) specific to this representation: ABD-6-S046 to ABD-6-SO50; ABD-6-A007 to ABD-6-A008
Secretary of State’s conclusion and observation:
The Secretary of State thanks the Clevedon Wildfowlers Association for their constructive comments for the proposed route sections ABD-6-S049 and ABD-6-S050. The Secretary of State notes Natural England’s response, stating that the proposed route and alternative route ABD-6-A008 will not have an adverse effect on the nesting waterfowl or wildfowl shooting activities. The Secretary of State acknowledges Natural England’s suggestion to erect screens and signs for users of the path to reduce disturbance, addressing concerns stated in the representation.
Representation number: MCA/ABD6/R/30/ABD1650
Organisation/ person making representation: Clevedon Wildfowlers Association
Report map reference: ABD 6b
Route section(s) specific to this representation: ABD-6-S014 to ABD-6-SO16
Secretary of State’s conclusion and observation:
The Secretary of State recognises Clevedon Wildfowlers Association’s contributions on the development of route sections ABD-6-S014 to ABD-6-S016. The Secretary of State acknowledges Natural England’s decision to exclude access rights to the intertidal flats to reduce the risk of disturbance to waterbirds using roosts 4D and 4F by access users (see Map ABD 6b and Directions Map 6A of report ABD6). Natural England do not propose to exclude access rights to the saltmarsh and concrete seawall as proposed in the representation.
Representation number: MCA/ABD6/R/31/ABD1650
Organisation/ person making representation: Clevedon Wildfowlers Association
Report map reference: ABD 6d, ABD 6e
Route section(s) specific to this representation: ABD-6-S046 to ABD -6- SO50
Secretary of State’s conclusion and observation:
The Secretary of State commends the Clevedon Wildfowlers Association for their advice on the management on the proposed alternative route sections ABD-6-S047 to ABD-6-S049. The Secretary of State is happy to delegate the decision on gate management to Natural England, on the basis that Natural England will consult with all parties to seek a solution that is agreed to be preferable by the Ramblers and Wildfowling Club. The Secretary of State also notes Natural England’s decision to erect signs along the route in lieu of further regulations for dog owners, to strike a fair balance for coastal access.
Representation number: MCA/ABD6/R/32/ABD1650
Organisation/ person making representation: Clevedon Wildfowlers Association
Report map reference: ABD 6e
Route section(s) specific to this representation: ABD-6-SO58 to ABD-6-SO60
Secretary of State’s conclusion and observation:
The Secretary of State thanks the Clevedon Wildfowlers Association on the comments provided for their final representation regarding route sections ABD-6-S059 and ABD-6-S060. The Secretary of State commends Natural England’s dedication to maintain redshank numbers on these creeks at or above current levels by implementing intervention such as fencing that addresses concerns on disturbance to waterfowl. In response to concerns on dog control, the Secretary of State would like to refer to the response for representation MCA/ABD6/R/31/ABD1650.
Representation number: MCA/ABD6/R/39/ABD1662
Organisation/ person making representation: North Somerset Local Access Forum
Report map reference: ABD 6a, ABD 6e
Route section(s) specific to this representation: ABD-6-S003 to ABD-6-S012 and ABD-6-S060
Other reports within stretch to which this representation also relates: All within the Aust to Brean Down stretch
Secretary of State’s conclusion and observation:
The Secretary of State welcomes the representation from the North Somerset Local Access Forum and thanks them for the interest they have taken in the development of our coastal access proposals for North Somerset. The Secretary of State notes Natural England’s response not to impose further regulations on dog walkers, providing a fair balance to coastal access for all users. The Secretary of State also recognises Natural England’s commitment to installing signs to reduce disturbance and to collaborating with North Somerset Council for inclusive and legally compliant access for users who are disabled or have mobility issues. The National Trust has indicated its intention to work with Natural England to provide the desired ‘step-free’ access, so no modification of the proposed route is required.
Representation number: MCA/ABD6/R/70/ABD1906
Organisation/ person making representation: [redacted], CLA
Report map reference: ABD 6b, ABD 6c, ABD 6d
Route section(s) specific to this representation: ABD-6-S013 to ABD-6-S043
Secretary of State’s conclusion and observation:
The Secretary of State thanks the Country Land and Business Association for its involvement in discussions during the development of Natural England’s access proposals. The Secretary of State notes that Natural England have designed the proposed route to provide a fair balance between the protection of waterfowl in the area and providing sea views for users of the path by erecting screens and viewpoints where necessary. The Secretary of State endorses Natural England’s decision to aligned the route along the estuary instead of the same route as the forthcoming Clevedon to Weston cycle because this would fail to provide coastal views, is not endorsed as a safe route for pedestrian use and will create large amounts of coastal margin in accordance with article 3(3) of the Coastal Margin Order. The Secretary of States notes Natural England’s decision not to exclude access to KCIIIECP users to create seasonal routes as requested by the representation to remain in line with coastal access aims.
Natural England have ensured numerous measures are in place to answer stakeholder and farmer concerns on the proposed route and suggest additional measures that could be included to address concerns and minimise negative impacts. The Secretary of State recognises Natural England’s dedication to ensuring there is protection for livestock by erecting fences/planting hedges when requested using the powers and procedures in Schedule 20, and signs to ensure users comply with access rights on any part of the route. This includes keeping dogs on short leashes, not entering land where livestock graze and ensuring dogs do not defecate on farmland. The Secretary of State also notes that the advice from Animal and Plant Health Agency regarding the concerns for farm biosecurity and concludes the risk is low for the proposed route. Finally, the Secretary of State notes the mitigation measures set out in table 6.2.8 of report ABD6 to ensure there are no significant problems with access and arising issues with livestock or wildlife.
Representation ID: MCA/ABD6/R/75/ABD1851
Organisation/ person making representation: The Ramblers (Woodspring group)
Name of site: Wains Hill to Huckers Bow
Report map reference: Directions Map ABD 6B; map ABD 6f
Secretary of State’s conclusion and observation:
The Secretary of State thanks the Ramblers for its engagement throughout the development of the access proposals in report ABD6. The Secretary of State notes Natural England’s answer to its concerns, stating that the exclusion criteria for route sections ABD-6-S047 to ABD-6-S049 and the River Axe are unique to each site and are part of mitigation measures summarised in table 6.2.8 of the report to reduce the risk of disturbance to feeding and roosting waterbird. The Secretary of State further recognises Natural England’s choice of alternative route that is the most direct and convenient route back to the coast. Natural England have worked with North Somerset Council safety advisors to ensure the alternative route is pleasant to walk along by cutting verges and providing pedestrian refuge points.
Representations containing similar or identical points
Representation ID and organisation or person making representation:
MCA/ABD Stretch/R/1/ABD1840 - [redacted]
MCA/ABD Overview/R/2/ABD1842 - [redacted]
MCA/ABD Stretch /R/2/ABD1784 - Clevedon Pier and Heritage Trust
MCA/ABD Stretch /R/3/ABD1847 - Clevedon Coast Community Team
MCA/ABD Stretch/R/4/ABD1849 - Clevedon BID
MCA/ABD6/R/2/ABD1850 - [redacted]
Name of site: Aust to Brean Down
Other reports within stretch to which this representation also relates: All reports between Aust and Brean Down
Secretary of State’s conclusion and observation:
The Secretary of State thanks [redacted], [redacted], the Clevedon Pier and Heritage Trust, the Clevedon Community Trust, the Clevedon Business Improvement District and [redacted] for their enthusiastic responses to the coastal access proposals. The Secretary of State notes that North Somerset Council are separately pursuing a cycle link between Clevedon and Weston-Super-Mare that follows a different route to our proposed route for the coast path, except around the river crossing on map ABD 6d where the two routes briefly converge.
Representations containing similar or identical points
Representation ID and organisation or person making representation:
MCA/ABD6/R/12/ABD1843 - The Disabled Ramblers
MCA/ABD6/R/13/ABD1843 - The Disabled Ramblers
Name of site: Huckers Bow
Report map reference: ABD6 a-f
Route sections on or adjacent to the land:
- ABD-6-S001 to ABD-6-S060 and ABD-6-A001 to ABD-6-A009 (Representation MCA/ABD6/R/12/ABD1843)
- ABD-6-S060 (representation MCA/ABD6/R/13/ABD1843)
Secretary of State’s conclusion and observation:
The Secretary of State thanks the Disabled Ramblers for its representation and in particular welcomes the timely focus on adjustments for mobility scooter users. The Secretary of State appreciates Natural England’s commitment to addressing these concerns and collaborating with North Somerset Council for inclusive and legally compliant access. Natural England are also actively pursuing an alternative route modification at Huckers Bow sluice to allow access to Middle Hope for mobility scooter users.
Representations containing similar or identical points
Representation ID and organisation or person making representation:
See list in section 7 of this document
Name of site: Sea Wall, Kingston Seymour
Report map reference: ABD 6b
Route sections on or adjacent to the land: ABD-6-S013 to ABD-6-S017
Secretary of State’s conclusion and observation:
The Secretary of State acknowledges the dissatisfaction of the 52 representations that are opposed to the proposal to exclude access to the concrete seawall seaward of route section ABD-6-S017. The Secretary of State recognises Natural England’s decision not to propose the route along the seawall to reduce disturbance to waterbirds that qualify the area as a Special Protection Area (SPA) and Ramsar site. Furthermore, the Secretary of State notes Natural England’s suggestion to provide modified access rights to the seawall with appropriate mitigation measures to strike a fair balance between user access rights and not affect the overall conclusion of the Habitat Regulations Assessment (illustrated on Directions Map ABD 6B).
Representations containing similar or identical points
Representation ID and organisation or person making representation:
MCA/ABD6/R/6/ABD1861 - [redacted]
MCA/ABD6/R/10/ABD1865 - [redacted]
MCA/ABD6/R/24/ABD0939 - [redacted]
MCA/ABD6/R/25/ABD1857 - [redacted]
MCA/ABD6/R/44/ABD1617 - Kingston Seymour Parish Council
MCA/ABD6/R/53/ABD1889 - [redacted]
Name of site: Sea Wall, Kingston Seymour
Report map reference: ABD 6c
Route sections on or adjacent to the land: ABD-6-SO18 to ABD-6-SO31
Secretary of State’s conclusion and observation:
The Secretary of State acknowledges the concerns raised by the representations referring to the excluded access rights of the seawall on route section ABD-6-S017. The Secretary of State refers to the comments on the representation above that states why Natural England has proposed a route that is not aligned along the seawall in response to the Habitat Regulations Assessment. The Secretary of State also commends Natural England for providing a fair balance between access user rights and the farm biosecurity of the herd of British Shorthorn cattle. For this reason, the Secretary of State endorses Natural England’s decision not to suggest modified access rights along this seawall unlike route section ABD-6-S017.
Representations containing similar or identical points
Representation ID and organisation or person making representation:
MCA/ABD6/R/21/ABD0940 - [redacted]
MCA/ABD6/R/40/ABD0946 - [redacted]
MCA/ABD6/R/42/ABD1563 - [redacted]
MCA/ABD6/R/43/ABD1343 - [redacted]
Name of site: Wains Hill to Huckers Bow
Report map reference: ABD 6b, ABD 6c.
Route sections on or adjacent to the land: ABD-6-S013 ([redacted]), ABD-6-S020 and ABD-6-S021 ([redacted]), ABD-6-S023-ABD-6S029 ([redacted])
Secretary of State’s conclusion and observation:
The Secretary of State acknowledges the concerns raised from 5 representations and 8 objections from people farming land between Kingston Pill on map ABD 6b and Tutshill Sluice on map ABD 6d. The Secretary of State would also like to thank the farmers and other interested parties for the time they took to speak to explain their concerns and discuss the various options which Natural England considered during the development of their access proposals. The Secretary of State notes that the Animal and Plant Health Agency have advised Natural England on biosecurity risks of infectious diseases to livestock while developing the proposed route. APHA have suggested that the risk is low and have proposed mitigation measures such as signs and fencing to ensure users abide by access restrictions. However, the Secretary of State recognises a modified route in section ABD-6-S013 will be implemented around [redacted] land (reference Annex K).
Representations containing similar or identical points
Representation ID and organisation or person making representation:
MCA/ABD6/R/21/ABD0940 - [redacted]
MCA/ABD6/R/43/ABD1343 - [redacted]
Name of site: Blakes Pool to Wick Wharf
Report map reference: ABD6c
Route sections on or adjacent to the land: ABD-6-S020 and ABD-6-S021, ABD-6-S023-ABD-6S029
Secretary of State’s conclusion and observation:
The Secretary of State thanks [redacted] and [redacted] for their comments during the design of the proposed route and appreciates that farmers need to review existing risk assessments and farming practices where public access arrangements are changed. The Secretary of State acknowledges Natural England’s commitment to installing mitigation measures such as electric fences and signs to ensure the safety of path users. Despite the new information on bulls in the field, the Secretary of State is confident that the proposed path is still the most appropriate route striking a fair balance between users and the landowner.
Representations containing similar or identical points
Representation ID and organisation or person making representation:
MCA / ABD Stretch/ R/9/ ABD1911 - Wildfowl and Wetlands Trust (WWT)
MCA/ABD6/R/21/ABD0940 - [redacted]
MCA/ABD6/R/22/ABD0940 - [redacted]
MCA/ABD6/R/23/ABD1498 - [redacted]
MCA/ABD6/R/40/ABD0946 - [redacted]
MCA/ABD6/R/42/ABD1563 - [redacted]
MCA/ABD6/R/43/ABD1343 - [redacted]
MCA/ABD6/R/76/ABD1684 - Avon Wildlife Trust
Name of site: Kingston Pill to Huckers Bow
Report map reference: ABD 6b to 6e
Route sections on or adjacent to the land: ABD-6-S013 to ABD-6-S042
Secretary of State’s conclusion and observation:
Please refer to representations in section 3 of this document which are also relevant to this theme: the Clevedon Wildfowlers Association, the British Association of Shooting and Conservation and the CLA.
The Secretary of State thanks the various parties for their comments on this theme and [redacted] and [redacted] for their detailed representations. The Secretary of State notes Natural England’s commitment to secure opportunities for engagement with the natural environment so far as practicable while ensuring appropriate protection of key sensitive features. The Secretary of State thanks WWT for their support of Natural England’s proposed various mitigation measures (such as branded signs, fencing, requirements to keep dogs on leads and restricted access rights to sections along the route) to prevent potential disturbance from users of the KCIIIECP and Clevedon to Weston cycleway. Furthermore, the Secretary of State notes that Natural England has advised that use of the permissive path from Clevedon is not necessary as the residual risk of disturbance is not significant and will be reduced in areas such as Kingston Pill set out in table 29 of the HRA (on page 133). However, the Secretary of State recognises a modified route at route section ABD-6-S013 will be implemented around [redacted] land (reference Annex K).
The Secretary of State appreciates that it may be more difficult to graze route sections ABD-6-S032 and ABD-6-S033 because walkers would be near grazing animals on the narrow bank, and thanks Natural England for its suggestion that if this proves to be the case, this part of the reserve could be managed by cutting instead which may be beneficial in conservation terms.
Representations containing similar or identical points
Representation ID and organisation or person making representation:
MCA/ABD6/R/21/ABD0940 - [redacted]
MCA/ABD6/R/22/ABD0940 - [redacted]
MCA/ABD6/R/42/ABD1563 - [redacted]
MCA/ABD6/R/43/ABD1343 - [redacted]
Name of site: Clevedon to Tutshill Sluice
Report map reference: ABD6a to ABD6d
Route sections on or adjacent to the land: ABD-6-S034 to ABD-6-S042
Secretary of State’s conclusion and observation:
The Secretary of State thanks those farmers who offer alternatives to our access proposals. The Secretary of State appreciates that they remain concerned about potential impacts on their farm businesses and that [redacted] remains concerned about potential disturbance to waterbirds. The Secretary of State agrees with Natural England that the proposed route best meets these twin objectives and that the modifications proposed in these representations would not strike a fair balance between public and private interests.
Representation ID: MCA/ABD6/R/19/ABD1088
Organisation/ person making representation: [redacted]
Name of site: Icelton Farm
Report map reference: ABD 6d
Route sections on or adjacent to the land: ABD-6-S047 and ABD-6-S048
Secretary of State’s conclusion and observation:
The Secretary of State thanks [redacted] for his assistance during the development of access proposals for the southwest side of the Congresbury Yeo between Tutshill Sluice and Wick Warth. The Secretary of State would like to refer to the response for representation MCA/ABD6/R/31/ABD1650 which is reproduced in full in section 3 of this document.
Representation ID: MCA/ABD6/R/21/ABD0940
Organisation/ person making representation: [redacted]
Name of site: Ham Farm
Report map reference: ABD 6c
Route sections on or adjacent to the land: ABD-6-S022 to ABD-6-S029
Secretary of State’s conclusion and observation:
The Secretary of State thanks [redacted] for his assistance during the development of access proposals for route sections ABD-6-S022 to ABD-6-S029. The Secretary of State commends Natural England for communicating with an agent on behalf of the landowner to propose a route that strikes a fair balance between [redacted] interests and those of the public. Natural England have explained that they do not believe that this section of the route will be heavily used so will not become damaged and it follows field boundaries so it is unlikely users will stray from the path. The Secretary of State is confident that Natural England’s comments addresses the concerns listed.
Representation ID: MCA/ABD6/R/22/ABD0940
Organisation/ person making representation: [redacted]
Name of site: Ham Farm
Report map reference: ABD 6d
Route sections on or adjacent to the land: ABD-6-S034 to ABD-6-S035
Secretary of State’s conclusion and observation:
The Secretary of State recognises the concerns raised by [redacted] on the proposed route sections ABD-6-S034 and ABD-6-S035 which are on land that [redacted] owns and farms. The Secretary of State acknowledges Natural England’s commitment to ensure the proposed path meets the requirements for users and the land owner. The Secretary of State also commends the communication between Natural England, the Environment Agency and North Somerset council to ensure appropriate fences and hedges are installed and maintained along the farm perimeter to ensure a fair balance is struck on who has access to the land.
Representation ID: MCA/ABD6/R/40/ABD0946
Organisation/ person making representation: [redacted]
Name of site: Seawall Farm
Report map reference: ABD 6b
Route sections on or adjacent to the land: ABD-6-S013
Secretary of State’s conclusion and observation:
The Secretary of State thanks [redacted] and his family for their time in helping us to explore the various options considered at this location. The Secretary of State acknowledges Natural England’s proposal for the route and willow screen to be located seaward from roosting birds to reduce disturbance. The Secretary of State also commends Natural England for working closely with the Environment Agency and [redacted] to meet requirements set out in stage 2 of the implementation process as described in chapter 3 of the Coastal Access Scheme. Furthermore, Natural England have proposed the installation of fences so disease risk is reduced and reducing the willow screen width to increase the area of the grazing land seaward of the screen to 4.63 acres and make available higher land for his cattle to take refuge from the tide. The Secretary of State recognises this would then reduce the costs incurred on [redacted] from the loss of grazing land. If the screen were to fail Natural England would be obliged to consider the alternative proposed modified route with [redacted] and any other relevant interests, with a variation report.
The Secretary of State accepts the [redacted] preferred modification route with several important provisos that have been stated by Natural England in the representation to strike a fair balance for coastal access. If the manure is removed as commissioned by the Environment Agency, a modified route can be accepted on the seawall as it would most closely align with [redacted] preference for the route to be on top of the bank (Suggest modification 1 in Annex L). Natural England have offered to pay reasonable costs for the removal of the manure, but not to make a contribution towards the provision of an alternative storage. Alternatively as suggested by Natural England the modification will be to the fence location (and consequently the landward boundary of the coastal margin) shown on report map 6b.1, positioned between the route and the manure (Suggested modification 2 in Annex L) if the manure is not removed. The Secretary of State acknowledges both modified routes would strike a fair balance between the land owner and users of the path.
Representation ID: MCA/ABD6/R/42/ABD1563
Organisation/ person making representation: [redacted]
Name of site: Wharf farm
Report map reference: ABD 6c/6d
Route sections on or adjacent to the land: ABD-6-S017 to ABD-6-S033
Secretary of State’s conclusion and observation:
The Secretary of State recognises the concerns raised by [redacted] on the increased access to Wharf Farm and the risk to the British Shorthorn Cattle that graze on the farm.
The Secretary of State supports Natural England’s decision to propose mitigation measures to ensure there is a reduced chance of contact with cattle from users and dogwalkers of the path. This includes alignment of the proposed route around the landward edge of the farm, the proposed exclusion of access rights to parts of the farm that would be seaward of that route (paragraph 6.2.24 of the coastal access report), and the dog-proof fence and locked gate which Natural England propose should separate route section ABD-6-S019 from the rest of the adjacent field. Natural England have also agreed to supply an alternative corral of similar size and style to the pen in ABD-6-S019 but will not be liable to maintenance once it has been erected.
The Secretary of State notes the advice from the Animal and Plant Health Agency that the biosecurity risk will be low in areas where it is not possible to separate users from the path. Natural England have suggested they can install a combination gate to replace the existing field gate, which can be used both as a pedestrian gate and as a field gate which can help control public access to cattle and allow [redacted] to transport cattle along the used route during times of day where there is a reduced footfall.
The Secretary of State also notes that Natural England states that despite there being a loss of [redacted] land, there is no reasonable alternative to the route if [redacted] wishes to continue the grazing arrangement without impacting neighbouring land. Natural England have agreed in principle with the Environment Agency and Avon Wildlife Trust to fence a significant part of the nature reserve from the proposed route, so the land will be available to [redacted] to graze their cattle separately.
The Secretary of State notes that the adjoining seawall is already used by local people for recreation, so the appearance of people near the boundary fence for the proposed bird hide should not affect [redacted] interests. Furthermore, the Secretary of State commends Natural England for ensuring correspondence with the landowners is maintained to ensure the proposed route strikes a fair balance for coastal access.
Representation ID: MCA/ABD6/R/43/ABD1343
Organisation/ person making representation: [redacted]
Name of site: Land near Wharf Farm
Report map reference: ABD 6c
Route sections on or adjacent to the land: ABD-6-S020 and ABD-6-S021
Secretary of State’s conclusion and observation:
The Secretary of State thanks [redacted] for their time and advice during the preparation of the coastal access report. The Secretary of State recognises Natural England’s comments on why the route was proposed over suggested routes from [redacted] and that Natural England have suggested measures such as fingerposts to ensure users remain on the track, reduce damage to field and reduce interaction with cattle. Natural England further explain that any structures proposed on this route, such as the footbridge, will be maintained by the local access authority which will be installed at a time agreed between him and the local access authority.
The Secretary of State notes that Natural England are open to suggestion on an alternative for the footbridge if it directly affects the work on [redacted] farm. Furthermore, the Secretary of State acknowledges that the lane leading to Wharf Farm is privately owned and the public have no right to drive along it or to park in [redacted] field.