Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Birkenhead to Welsh Border, length BHW2
Updated 23 November 2023
Applies to England
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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-welsh-border-length-bhw
Introduction
On 16 December 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of land on the west coast between Birkenhead to 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 BHW2. Proposals for lengths BHW1 and BHW3, covering the remainder of the route, were approved on 7 July 2021
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Birkenhead to the Welsh Border length report BHW2 – 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)(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 December 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 BHW2.
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 December 2021
d. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State in December 2021
Natural England has also made available here:
e. Birkenhead to Welsh Border - the compendium of coastal access reports
Annex A: Objections which did not fail to strike a “fair balance”
Objection Reference: MCA/BHW2/O/1/0843
The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection. Taking into account all matters raised, it is concluded that the proposals for route section BHW-2-S031 to BHW-2-S037 strike a fair balance. The objections raised, particularly concerning the dangerous condition of Thurstaston Cliffs and the closure of the footpath, hold merit and deserve attention. However, it is noted that the availability of rollback powers allows for the necessary modification of the trail to ensure an adequate distance between the route and the cliff edge, thereby meeting the coastal access requirements. Therefore, based on these findings, the Secretary of State approves the proposals as recommended.
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/BHW2/R/3/0963
Organisation/ person making representation:
Historic England
Route section(s) specific to this representation:
Not specified
Secretary of State’s conclusion and observation
Secretary of State thanks Historic England for confirming that there will be little or no impact on the historic environment, due to the route selected and the nature of the work proposed.
Representation number: MCA/BHW2/R/6/0930
Organisation/ person making representation:
The Ramblers
Route section(s) specific to this representation:
Not specified
Secretary of State’s conclusion and observation
Secretary of State welcomes the support for Natural England’s proposal. Is satisfied Natural England has proposed the most appropriate route available and that the trail will be correctly established at locations where work is required.
Representation number: MCA/BHW2/R/10/1040
Organisation/ person making representation:
Cheshire West and Chester Council
Route section(s) specific to this representation:
BHW-2-SO65
Secretary of State’s conclusion and observation
Secretary of State notes the representation and Natural England’s comments.
Representation number: MCA/BHW2/R/11/1040
Organisation/ person making representation:
Cheshire West and Chester Council
Route section(s) specific to this representation:
Not specified
Other reports within stretch to which this representation also relates:
BHW 3
Secretary of State’s conclusion and observation
Secretary of State notes the representation and Natural England’s comments. Secretary of State is satisfied that there are adequate sources of funding to ensure the coast path is built and maintained to the required standard.
Representation ID: MCA/BHW2/R/1/1025
Organisation/ person making representation:
[Private individual]
Name of site:
Not specified
Report map reference:
BHW 2b to BHW 2g
Route sections on or adjacent to the land:
BHW-2-S002 to S004, BHW-2-S019 to S023, BHW-2-S024 to S029, BHW-2-S030 to S032, BHW-2-S044 to S055, BHW-2-S063 and BHW-2-S055 to S065
Other reports within stretch to which this representation also relates:
BHW 3
Secretary of State’s conclusion and observation
Secretary of State notes the representation and Natural England’s comments. Is content that where ground conditions require it, solutions will be implemented to provide a safe, low maintenance, sustainable and accessible route. Secretary of State is satisfied that Natural England has identified the most appropriate route.
Representation ID: MCA/BHW2/R/2/0119
Organisation/ person making representation:
Caldy Golf Club
Name of site:
Caldy golf course
Report map reference:
BHW 2c – 2d
Route sections on or adjacent to the land:
BHW-2-S027 to S030
Secretary of State’s conclusion and observation
Secretary of State notes the representation and Natural England’s comments. Is satisfied Natural England has proposed the most appropriate, and cost effective, route available.
Representation ID: MCA/BHW2/R/4/0936
Organisation/ person making representation:
Wirral Footpaths and Open Spaces Preservation Society
Name of site:
Not specified
Report map reference:
Not specified
Route sections on or adjacent to the land:
Not specified
Other reports within stretch to which this representation also relates
BHW 1, BHW 3
Secretary of State’s conclusion and observation
Secretary of State welcomes the support for the King Charles III England Coast Path from the Society. Is satisfied Natural England has identified the most appropriate route given the access restrictions in place and the requirement to protect wildlife. Secretary of State agrees that any new signage should complement that which is already in situ.
Representation ID: MCA/BHW2/R/5/1031
Organisation/ person making representation:
[Private individual]
Name of site:
Not specified
Report map reference:
Not specified
Route sections on or adjacent to the land:
Not specified
Secretary of State’s conclusion and observation
Secretary of State notes the representation and Natural England’s comments. Is satisfied Natural England has proposed the most appropriate route available given the terrain and has fully considered the impact on local wildlife sites.
Representation ID: MCA/BHW2/R/7/1036
Organisation/ person making representation:
[Private individual]
Name of site:
‘The marsh from West Kirby to Welsh border’
Report map reference:
All maps
Route sections on or adjacent to the land:
Not specified
Other reports within stretch to which this representation also relates
BHW 3
Secretary of State’s conclusion and observation
Secretary of State notes that Natural England has fully considered the impact on local wildlife sites and the safety of the public and is satisfied that the route is appropriate, and the proposed exclusion necessary, based on the reasons stated in Natural England’s comments.
Representation ID: MCA/BHW2/R/8/1012
Organisation/ person making representation:
The Disabled Ramblers
Name of site:
Not specified
Report map reference:
BHW 2a – 2h
Route sections on or adjacent to the land:
BHW-2-S001 to S006, S019, S023 to S057 and S064 to S070
Secretary of State’s conclusion and observation
Secretary of State welcomes the Disabled Ramblers’ comments regarding trail infrastructure. Is satisfied that Natural England will create a route that can be easily and safely enjoyed by everyone where it is feasible to do so. Encourages Natural England and the local authority to take every opportunity during the establishment phase to factor accessibility in.
Representation ID: MCA/BHW2/R/9/1038
Organisation/ person making representation:
[Private individual]
Name of site:
Not specified
Report map reference:
BHW 2d – 2h
Route sections on or adjacent to the land:
BHW-2-S024 to S065
Other reports within stretch to which this representation also relates
BHW 3
Secretary of State’s conclusion and observation
Secretary of State notes the representation and Natural England’s comments. Is assured by the proposed installation of additional signage on shared-use sections.
Secretary of State notes that Natural England has fully considered the impact on proximity to the coast, local wildlife sites and the safety of the public and is satisfied that the route is appropriate, and the proposed exclusion necessary in this instance, based on the reasons set out in Natural England’s comments.