Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Burnham-on-Crouch to Maldon

Published 7 July 2021

Applies to England

Introduction

On 19 July 2017 Natural England submitted a coastal access report relating to the stretch of land between Burnham-on-Crouch and Maldon 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”).

In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:

a. Burnham-on-Crouch to Maldon – Natural England’s coastal access report submitted to the Secretary of State on 19 July 2017;

b. in accordance with paragraph 16(1)(a) of the Schedule, the objections which the appointed person determined to be admissible objections;

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 report given to the Secretary of State by the appointed person in respect of the objections which the appointed person determined to be admissible objections;

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 on 26 February 2021.

In this notice –

(a) “objection” means an objection about the coastal access report which is made under paragraph 3 of the Schedule; and

(b) “representation” means a representation about the coastal access report which is made under paragraph 7 of the Schedule.

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 the coastal access report.

The additional conclusions and observations of the Secretary of State in relation to the representations are set out at Annex B to this notice.

In the respects specified in the objections 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. They therefore approve 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 those objections relate.

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 26 February 2021; and

c. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 26 February 2021.

Natural England has also made available here:

d. Burnham-on-Crouch to Maldon – the coastal access report.

Annex A: objections which did not fail to strike a ‘fair balance’

Objection Reference: MCA/BCM0252/04

This objection relates to Map 5c, route sections ref BCM-5-S026 to BCM-5-S031 and Map B2 in the overview document showing the registered common land at Maylandsea. Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to Chapter 5.

Objection Reference: MCA/BCM0373/02

The objection relates to the land at Northey Island on map 6f of Chapter 6 of the report. Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to Chapter 6.

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 No. MCA\Burnham on Crouch to Maldon\R\16\BCM0516

Name of representation: RSPB

Report Chapter and route section(s): Whole Report

Secretary of State’s conclusion and observation: Secretary of State notes the representation and is satisfied with Natural England’s clarification and reasoning in response.

Agrees with Natural England that where there is already an access exclusion due to safety, there is little case for layering this with an exclusion for nature conservation as both have the same effect. Notes Natural England’s commitment to reviewing this should the S25A exclusions change in the future. Notes that monitoring of sensitive sites already occurs through established programmes and these will continue on the establishment of the path.

Representation No. MCA\Burnham on Crouch to Maldon\R\17\BCM0004

Name of representation: CLA

Report Chapter and route section(s): Whole Report

Secretary of State’s conclusion and observation: Secretary of State is content that estuarial discretion has been applied appropriately in both cases in this stretch and is satisfied with Natural England’s reasoning.

Notes that since publication the holiday home business on Northey Island is no longer operational with no current plans for it to be revived. As such, is content with the approach taken to access on the island.

Is content with the safety considerations in place for the causeway to Northey Island.

Representation No. MCA\Burnham on Crouch to Maldon\R\1\BCM0567
MCA\Burnham on Crouch to Maldon\R\3\BCM0557
MCA\Burnham on Crouch to Maldon\R\4\BCM0568
MCA\Burnham on Crouch to Maldon\R\5\BCM0570
MCA\Burnham on Crouch to Maldon\R\6\BCM0577
MCA\Burnham on Crouch to Maldon\R\7\BCM0578
MCA\Burnham on Crouch to Maldon\R\8\BCM0579
MCA\Burnham on Crouch to Maldon\R\10\BCM0580
MCA\Burnham on Crouch to Maldon\R\11\BCM0373
MCA\Burnham on Crouch to Maldon\R\13\BCM0582
MCA\Burnham on Crouch to Maldon\R\14\BCM0574
MCA\Burnham on Crouch to Maldon\R\19\BCM0576

Name of representation: 12 private individuals

Report Chapter and route section(s): Chapter 6, BCM-6-S008 – coastal margin – Northey Island

Secretary of State’s conclusion and observation: Several visitors to Northey Island submitted representations with similar themes. Secretary of State addresses the points raised below:

• Safety: Secretary of State is satisfied with the use of signage for the safety of those crossing the causeway to Northey Island.
• Business: Notes that since publication the holiday home business on Northey Island is no longer operational with no current plans for it to be revived. As such, is content with the approach taken to access on the island.
• Habitats: Is content that the Habitat Regulation Assessment conducted by Natural England gives sufficient consideration to wildlife and habitats.

Representation No. MCA\Burnham on Crouch to Maldon\R\2\BCM0565

Name of representation: Private Individual

Report Chapter and route section(s): Chapter 2, Maps 2c-2k, BCM-2-S003 to BCM-2-S025

Secretary of State’s conclusion and observation: Secretary of State notes that there is no requirement or ability under the legislation for Natural England to increase facilities for access to the England Coast Path.

Representation No. MCA\Burnham on Crouch to Maldon\R\15\BCM0583

Name of representation: Head of Strategic Planning, EDF Energy

Report Chapter and route section(s): Chapter 2, Maps 2j and 2k

Secretary of State’s conclusion and observation: Secretary of State notes the representation and is content that Natural England have mapped the most appropriate route in this instance.

Representation No. MCA\Burnham on Crouch to Maldon\R\18\BCM0039

Name of representation: Mayland Parish Council

Report Chapter and route section(s): Chapter 5 BCM-5-S019 to BCM-5-S021 Chapter 4 BCM-4-S003 to BCM-4-S007

Secretary of State’s conclusion and observation: Secretary of State notes that at the time the report was published, Natural England observed that the path in this location was consistent with the relevant standards set down in the legislation.

However, acknowledges that in the intervening years there may have been deterioration of the path. This is to be determined by the access authority during the establishment and maintenance stages of the path’s development.

Representation No. MCA\Burnham on Crouch to Maldon\R\20\BCM0262

Name of representation: Private Individual

Report Chapter and route section(s): Chapter 5, BCM-5-S017 and BCM-5-S018

Secretary of State’s conclusion and observation: Secretary of State notes that at the time the report was published, Natural England observed that the path in this location was consistent with the relevant standards set down in the legislation.

However, acknowledges that in the intervening years there may have been deterioration of the path. This is to be determined by the access authority during the establishment and maintenance stages of the path’s development.