Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Birkenhead to the Welsh Border, lengths BHW1 and BHW3
Updated 23 November 2023
Applies to England
© Crown copyright 2023
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This publication is available at https://www.gov.uk/government/publications/coastal-access-section-52-notice-for-birkenhead-to-the-welsh-border/notice-by-the-secretary-of-state-under-section-52-of-the-national-parks-and-access-to-the-countryside-act-1949-birkenhead-to-the-welsh-border-length
Introduction
On 16 December 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Birkenhead and the Welsh Border 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 reports BHW1 and BHW3. The proposals within length report BHW2 will be determined separately.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Birkenhead to the Welsh Border length reports BHW1 and BHW3 – part of Natural England’s coastal access report compendium for Birkenhead to the Welsh Border submitted to the Secretary of State on 16 December 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 31 March 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 BHW1 and BHW3, 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.
Following receipt of new information Natural England has updated its Nature Conservation Assessment for this stretch which is available on gov.uk. In making their decision, the Secretary of State has taken this into account.
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 31 March 2021; and
c. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 31 March 2021.
Natural England has also made available here:
d. Birkenhead to the Welsh Border - 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/BHW1/R/3/0963
Name of representation: Historic England
Length Report and route section(s): Length Report 1
Secretary of State’s conclusion and observation: Secretary of State welcomes confirmation Natural England’s proposals will not affect the historic environment.
Representation No MCA/BHW1/R/5/0930
Name of representation: The Ramblers
Length Report and route section(s): Length Report 1
Secretary of State’s conclusion and observation: Secretary of State notes representation and Natural England’s comments. Is satisfied Natural England’s proposals are appropriate and welcomes clarification the beach at Hoylake will remain available to walkers as part of the coastal margin.
Representation No MCA/BHW1/R/1/0942
Name of representation: Hamilton Square Conservation Area Advisory Committee
Length Report and route section(s): Length Report 1, map 1a
Secretary of State’s conclusion and observation: Secretary of State notes representation and Natural England’s comments. Is satisfied Natural England’s proposals are appropriate.
Representation No MCA/BHW1/R/2/0013
Name of representation: National Grid
Length Report and route section(s): Length Report 1, map 1g
Secretary of State’s conclusion and observation: Secretary of State notes Natural England will pass the relevant information to the access authority. Welcomes Natural England’s assessment that the proposals will not affect National Grid assets.
Representation No MCA/BHW1/R/4/0936
Name of representation: Wirral Footpath and Open Spaces Preservation Society
Length Report and route section(s): Whole stretch (note that Secretary of State comments pertain to lengths BHW1 and BHW3 only)
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals. Encourages Natural England to ensure new signs are appropriately designed and welcomes desire to coordinate with the Society.
Representation No MCA/BHW1/R/6/1012
Name of representation: The Disabled Ramblers
Length Report and route section(s): Length Report 1, BHW-1-S046, BHW-1-OA001 to BHW-1-OA007
Secretary of State’s conclusion and observation: Secretary of State welcomes Natural England’s commitment to ensure signage to a barrier-free route is included but is mindful that any new signage should be appropriately designed.
Representation No MCA/BHW3/R/6/0963
Name of representation: Historic England
Length Report and route section(s): Length Report 3
Secretary of State’s conclusion and observation: Secretary of State welcomes confirmation Natural England’s proposals will not affect the historic environment.
Representation No MCA/BHW3/R/9/0930
Name of representation: The Ramblers
Length Report and route section(s): Length Report 3, BHW-3-S007 to BHW-3-S016 and BHW-3-S028 to BHW-3-S032
Secretary of State’s conclusion and observation: Secretary of State notes the representation and Natural England’s comments, and is satisfied the proposals are appropriate. Notes Natural England’s ongoing discussions with the local authority regarding trail infrastructure where the existing path is persistently wet and muddy. Welcomes Natural England’s ambition for new infrastructure to be safe and sustainable.
Representation No MCA/BHW3/R/21/1039
Name of representation: Member of Cheshire West and Chester Council
Length Report and route section(s): Length Report 3
Secretary of State’s conclusion and observation: Secretary of State notes Natural England’s reasoning for its use of directions. Considers that directions have been applied appropriately throughout and with due consideration to walkers, wildlife and other interested parties.
Representation No MCA/BHW3/R/22/1040
Name of representation: Member of Cheshire West and Chester Council
Length Report and route section(s): Length Report 3, BHW-3-S008 and BHW-3-S044
Secretary of State’s conclusion and observation: Secretary of State notes Natural England’s acknowledgment of the minor error.
Representation No MCA/BHW3/R/23/1040
Name of representation: Member of Cheshire West and Chester Council
Length Report and route section(s): Length Report 3, BHW-3-S013 to BHW-3-S025
Secretary of State’s conclusion and observation: Secretary of State notes establishment costs reflect discussions between Natural England and the access authorities at the time of publication. Also notes Natural England’s estimated maintenance costs for BHW3 and its methodology for calculating these costs.
Representation No MCA/BHW3/R/24/1040
Name of representation: Member of Cheshire West and Chester Council
Length Report and route section(s): Length Report 3, BHW-3-S044 to BHW-3-S048
Secretary of State’s conclusion and observation: Secretary of State is satisfied the restriction is an appropriate measure to ensure the safety of livestock. Welcomes assurance that the number of days on which the trail will be closed, and the duration of closure, will be kept to the minimum necessary.
Representation No MCA/BHW3/R/25/1040
Name of representation: Member of Cheshire West and Chester Council
Length Report and route section(s): Length Report 3
Secretary of State’s conclusion and observation: Secretary of State notes Natural England’s reasoning for its use of directions. Considers that directions have been applied appropriately throughout and with due consideration to walkers, wildlife and other interested parties.
Representation No MCA/BHW3/R/1/1023
Name of representation: Private individual
Length Report and route section(s): Length Report 3, BHW-3-S029 to BHW-3-S041
Secretary of State’s conclusion and observation: Secretary of State notes Natural England’s reasoning for its use of directions. Considers that directions have been applied appropriately throughout and with due consideration to walkers, wildlife and other interested parties. Notes clarification that new coastal access rights will apply over the area identified in the representation.
Representation No MCA/BHW3/R/2/1024
Name of representation: Private individual
Length Report and route section(s): Length Report 3, BHW-3-S014 to BHW-3-S026
Secretary of State’s conclusion and observation: Secretary of State notes the representation and Natural England’s ongoing discussions with the local authority regarding the design of trail infrastructure. Welcomes Natural England’s ambition for new trail infrastructure to be safe and sustainable.
Representation No MCA/BHW3/R/3/1025
Name of representation: Private individual
Length Report and route section(s): Length Report 3, BHW-3-S014 to BHW-3-S040
Secretary of State’s conclusion and observation: Secretary of State notes the representation and Natural England’s ongoing discussions with the local authority regarding the design of trail infrastructure. Welcomes Natural England’s ambition for new trail infrastructure to be safe and sustainable. Notes Natural England’s comments on vegetation control.
Representation No MCA/BHW3/R/4/1028
Name of representation: Private individual
Length Report and route section(s): Length Report 3, BHW-3-S001 to BHW-3-S044
Secretary of State’s conclusion and observation: Secretary of State is satisfied the restriction between BHW-3-S044 and S048 is an appropriate measure to ensure the safety of livestock. Welcomes assurance that the number of days on which the trail will be closed, and the duration of closure, will be kept to the minimum necessary. Notes Natural England’s reasoning for its wider use of directions throughout and considers they have been applied appropriately throughout and with due consideration to walkers, wildlife and other interested parties.
Representation No MCA/BHW3/R/5/1029
Name of representation: Private individual
Length Report and route section(s): Length Report 3, BHW-3-S014 to BHW-3-S023
Secretary of State’s conclusion and observation: Secretary of State notes the representation and Natural England’s comments. Welcomes Natural England’s ambition for new trail infrastructure to be safe and sustainable.
Representation No MCA/BHW3/R/7/0936
Name of representation: Wirral Footpaths and Open Spaces Preservation Society
Length Report and route section(s): Length Report 3, all lengths
Secretary of State’s conclusion and observation: Secretary of State notes the representation and Natural England’s comments. Encourages Natural England to ensure new signs are appropriately designed and welcomes desire to coordinate with the Society.
Representation No MCA/BHW3/R/8/1030
Name of representation: Private individual
Length Report and route section(s): Length Report 3, BHW-3-S001 to BHW-3-S044
Secretary of State’s conclusion and observation: Secretary of State notes Natural England’s reasoning for its use of directions. Considers that directions have been applied appropriately throughout and with due consideration to walkers, wildlife and other interested parties.
Representation No MCA/BHW3/R/10/1032
Name of representation: Member of the Parkgate Society
Length Report and route section(s): Length Report 3, BHW-3-S001 to BHW-3-S044
Secretary of State’s conclusion and observation: Secretary of State notes Natural England’s reasoning for its use of directions. Considers that directions have been applied appropriately throughout and with due consideration to walkers, wildlife and other interested parties.
Representation No MCA/BHW3/R/11/1033
Name of representation: Private individual
Length Report and route section(s): Length Report 3, BHW-3-S001 to BHW-3-S044
Secretary of State’s conclusion and observation: Secretary of State notes Natural England’s reasoning for its use of directions. Considers that directions have been applied appropriately throughout and with due consideration to walkers, wildlife and other interested parties. Notes Natural England’s comments regarding maintenance funding.
Representation No MCA/BHW3/R/12/1034
Name of representation: Private individual
Length Report and route section(s): Length Report 3, BHW-3-S034 to BHW-3-S041
Secretary of State’s conclusion and observation: Secretary of State notes the representation and Natural England’s comments. Notes Natural England’s reasoning for its use of directions throughout and considers that directions have been applied appropriately and with due consideration to walkers, wildlife and other interested parties. Notes clarification that new coastal access rights will apply over an area seaward of the route sections identified in the representation.
Representation No MCA/BHW3/R/13/0155
Name of representation: Private individual
Length Report and route section(s): Length Report 3
Secretary of State’s conclusion and observation: Secretary of State notes Natural England’s reasoning for its use of directions. Considers that directions have been applied appropriately throughout and with due consideration to walkers, wildlife and other interested parties. Notes Natural England’s intention to raise the issue regarding horses as appropriate.
Representation No MCA/BHW3/R/14/1035
Name of representation: Private individual
Length Report and route section(s): Length Report 3
Secretary of State’s conclusion and observation: Secretary of State notes Natural England’s reasoning for its use of directions. Considers that directions have been applied appropriately throughout and with due consideration to walkers, wildlife and other interested parties. Notes clarification that new coastal access rights will apply over an area extending either side of Denhall Quay.
Representation No MCA/BHW3/R/15/1036
Name of representation: Private individual
Length Report and route section(s): Length Report 3
Secretary of State’s conclusion and observation: Secretary of State notes the representation and Natural England’s comments. Considers that directions have been applied appropriately throughout and with due consideration to walkers, wildlife and other interested parties.
Representation No MCA/BHW3/R/16/1036
Name of representation: Private individual
Length Report and route section(s): Length Report 3, BHW-3-S025
Secretary of State’s conclusion and observation: Secretary of State welcomes confirmation the historic stile will not be removed.
Representation No MCA/BHW3/R/17/1012
Name of representation: Disabled Ramblers
Length Report and route section(s): Length Report 3, BHW-3-S008, S009, S013 to S034 and S041 to S046
Secretary of State’s conclusion and observation: Secretary of State welcomes Natural England’s expectation that most of length report BHW3 will be fully accessible. Encourages Natural England’s commitment 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 No MCA/BHW3/R/18/1027
Name of representation: Private individual
Length Report and route section(s): Length Report 3
Secretary of State’s conclusion and observation: Secretary of State notes the representation and Natural England’s comments. Considers that directions have been applied appropriately throughout and with due consideration to walkers, wildlife and other interested parties. Notes Natural England’s comments regarding maintenance funding and its intention to raise the issue regarding horses as appropriate. Encourages Natural England’s desire that new signage is appropriately designed and locally in keeping where possible.
Representation No MCA/BHW3/R/19/1037
Name of representation: Private individual
Length Report and route section(s): Length Report 3, BHW-3-003 to BHW-3-S025
Secretary of State’s conclusion and observation: Secretary of State notes concerns raised but is satisfied Natural England’s proposals are appropriate.
Representation No MCA/BHW3/R/20/1038
Name of representation: Private individual
Length Report and route section(s): Length Report 3, BHW-3-S034 to BHW-3-S048
Secretary of State’s conclusion and observation:Secretary of State encourages Natural England’s aim of ensuring shared use paths are appropriate for walkers and notes that coastal access rights will provide secure, long-term access rights over any existing permissive footpaths.