Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Cleveleys to Pier Head, lengths CPH1, CPH2 and CPH3
Updated 6 April 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-cleveleys-to-pier-head-liverpool/notice-by-the-secretary-of-state-under-section-52-of-the-national-parks-and-access-to-the-countryside-act-1949-cleveleys-to-pier-head-lengths-cph1
Introduction
On 7 October 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Cleveleys and Pier Head 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 relates only to lengths CPH1, CPH2 and CPH3. The proposals for CPH5 were approved on the 23 April 2021. The proposals for CPH4 and CPH6 were approved on the 31 August 2021.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Cleveleys to Pier Head length reports CPH1, CPH2 and CPH3 – part of Natural England’s compendium of coastal access reports submitted to the Secretary of State on 7 October 2020;
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 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 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 21 January 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 in full those proposals for the route and associated coastal margin as set out in the coastal access length reports CPH1, CPH2 and CPH3.
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. 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 objections relate.
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 report 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 on 21 January 2021; and
d. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 21 January 2021.
Natural England has also made available here:
e. Cleveleys to Pier Head - the compendium of coastal access reports.
Annex A: objections which did not fail to strike a ‘fair balance’
Objection reference: MCA/CPH1/0/1/1394
The land in the Report to which the objection relates is route sections CPH-1-S079 to CPH-1-S083 (as shown on Map 1n). Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to route sections CPH-1-S079 to CPH-1-S083.
Objection references: MCA/CPH2/0/1/0061, MCA/CPH2/0/2/1673, and MCA/CPH2/0/3/1584
The land in the Report to which the objection relates is route sections CPH-2-S010 to CPH-2-S022 (as shown on Maps 2d and 2e). Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to route sections CPH-2-S010 to CPH-2-S022.
Objection references: MCA/CPH3/0/1/0068, MCA/CPH3/0/3/1661, MCA/CPH3/0/4/0119, MCA/CPH3/0/5/0534, MCA/CPH3/0/6/0780, MCA/CPH3/0/7/1662, MCA/CPH3/0/8/1331, MCA/CPH3/0/9/1675, MCA/CPH3/0/10/1509 and MCA/CPH3/0/11/1509
The land in the Report to which the objection relates is route sections CPH-3-S015, CPH-3-S025 to CPH-3-S030, CPH-3-S035 and CPH-3-S037 to CPH-3-S042 (as shown on Maps 3e, 3g, 3h and 3i). Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to route sections CPH-3-S015, CPH-3-S025 to CPH-3-S030, CPH-3-S035 and CPH-3-S037 to CPH-3-S042.
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/CPH(W)/R/1/1557
Name of representation:
Historic England
Length Report and route section(s):
Whole stretch (note that Secretary of State comments pertain to lengths CPH1 to CPH3 only)
Secretary of State’s conclusion and observation:
Secretary of State notes Historic England’s confirmation that these lengths would have little or no impact on the historic environment.
Representation No. MCA/CPH(W)/R/2/1629
Name of representation:
The Ramblers
Length Report and route section(s):
Whole stretch (note that Secretary of State comments pertain to lengths CPH1 to CPH3 only)
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 and with due consideration to walkers, wildlife and other interested parties.
Representation No. MCA/CPH/W/R/4/0016
Name of representation:
The Open Spaces Society
Length Report and route section(s):
Whole stretch (note that Secretary of State comments pertain to lengths CPH1 to CPH3 only)
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 and with due consideration to walkers, wildlife and other interested parties.
Representation No. MCA/CPH1/R/6/1629
Name of representation:
The Ramblers
Length Report and route section(s):
Length Report 1, all route sections
Secretary of State’s conclusion and observation:
Secretary of State welcomes the support indicated for Natural England’s proposals. Is satisfied Natural England’s decision not to use the more seaward right of way between CPH-1-S114 and CPH-1-S129 is appropriate. Notes the promenade seaward of CPH-1-S004 and CPH-1-S005 would be available to walkers as part of the coastal margin.
Representation No. MCA/CPH1/R/7/0016
Name of representation:
The Open Spaces Society
Length Report and route section(s):
Length Report 1, all route sections
Secretary of State’s conclusion and observation:
Secretary of State welcomes the support indicated for Natural England’s proposals. Is satisfied Natural England’s decision not to use the more seaward right of way between CPH-1-S114 and CPH-1-S129 is appropriate. Notes the promenade seaward of CPH-1-S004 and CPH-1-S005 would be available to walkers as part of the coastal margin.
Representation No. MCA/CPH1/R/9/1654
Name of representation:
Lancashire Local Access Forum
Length Report and route section(s):
Length Report 1, Not specified – but taken to be CPH-1-S114 to CPH-1-S143 inclusive
Secretary of State’s conclusion and observation:
Secretary of State welcomes the Forum’s supportive comments. Is satisfied Natural England fully explored a more seaward route between CPH-1-S114 and CPH-1-S143 and considers the proposals are appropriate in light of complex wildlife and land use issues.
Representation No. MCA/CPH 2/R/1/1629
Name of representation:
The Ramblers
Length Report and route section(s):
Length Report 2, all route sections
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments. Is satisfied Natural England fully explored a more seaward route in this area and considers the proposals are appropriate in light of complex wildlife and land use issues. Notes that should land use change in future, Natural England will consider publishing a variation report with proposals for a more seaward route.
Representation No. MCA/CPH2/R/3/0016
Name of representation:
The Open Spaces Society
Length Report and route section(s):
Length Report 2, all route sections
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments. Is satisfied Natural England fully explored a more seaward route in this area and considers the proposals are appropriate in light of complex wildlife and land use issues. Notes that should land use change in future, Natural England will consider publishing a variation report with proposals for a more seaward route.
Representation No. MCA/CPH2/R/7/1654
Name of representation:
Lancashire Local Access Forum
Length Report and route section(s):
Length Report 2
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments. Is satisfied Natural England fully explored a more seaward route in this area and considers the proposals are appropriate in light of complex wildlife and land use issues. Notes that should land use change in future, Natural England will consider publishing a variation report with proposals for a more seaward route.
Representation No. MCA/CPH3/R/5/0160
Name of representation:
Lancashire County Council
Length Report and route section(s):
Length Report 3, CPH-3-S042 FP (and CPH-4-S001 FP) (note that Secretary of State comments pertain to length CPH3 only)
Secretary of State’s conclusion and observation:
Secretary of State encourages continued engagement between Natural England and local stakeholders towards a partnership approach to delivering a new bridge in this location. Notes that Natural England have ended CPH3 where they, in conversation with the local council, expect would be the ideal place for a new pedestrian bridge. Notes that the end of the route in CPH3 connects directly with a right of way.
Representation No. MCA/CPH3/R/6/1629
Name of representation:
The Ramblers
Length Report and route section(s):
Length Report 3, all route sections
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments. Is satisfied the proposed route and directions are appropriate and encourages Natural England’s consideration of ways to make information regarding bus services available to walkers.
Representation No. MCA/CPH3/R/8/0016
Name of representation:
The Open Spaces Society
Length Report and route section(s):
Length Report 3, all route sections
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments. Is satisfied the proposed route and directions are appropriate and encourages Natural England to make information regarding bus services readily available to walkers.
Representation No. MCA/CPH3/R/11/1654
Name of representation:
Lancashire Local Access Forum
Length Report and route section(s):
Length Report 3
Secretary of State’s conclusion and observation:
Secretary of State encourages continued engagement between Natural England and local stakeholders towards a partnership approach to delivering a new bridge in this location.
Representation No. MCA/CPH(W)/R/3/1678
Name of representation:
Cycling UK
Length Report and route section(s):
Whole stretch
Secretary of State’s conclusion and observation:
Secretary of State notes that the provision of improved cycling infrastructure is outside the remit of the England Coast Path Project.
Representation No. MCA/CPH(W)/R/5/1681
Name of representation:
Merseyside Environmental Advisory Service (MEAS)
Length Report and route section(s):
Whole stretch
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation which is supportive of the conclusions of the Habitats Regulations Assessment undertaken by Natural England.
Representation No. MCA/CPH(W)/R/6/0305
Name of representation:
United Utilities
Length Report and route section(s):
Whole stretch, specifically Map A (Overview)
Secretary of State’s conclusion and observation:
Secretary of State notes that there is no significant risk to United Utilities’ assets or operations. Notes that the relevant access authorities will discuss establishment further with owners and occupiers.
Representation No. MCA/CPH1/R/2/1026 and MCA/CPH1/R/3/1160
Name of representation:
Two private individuals
Length Report and route section(s):
Length Report 1, CPH-1-S124 to CPH-1-S127
Secretary of State’s conclusion and observation:
Secretary of State encourages Natural England to continue discussions with the landowners and Lancashire County Council with regard to improving accessibility in this area.
Representation No. MCA/CPH1/R/1/1563
Name of representation:
BAE Systems
Length Report and route section(s):
Length Report 1, CPH-1-S088 to CPH-1-S110
Secretary of State’s conclusion and observation:
Secretary of State recognises the sensitivity of the route with regard to the airfield. Welcomes Natural England’s assurance that Lancashire County Council will liaise with the relevant owners and occupiers prior to any establishment works taking place.
Representation No. MCA/CPH1/R/4/0725
Name of representation:
Private individual
Length Report and route section(s):
Length Report 1, CPH-1-S113 to CPH-1-S123
Secretary of State’s conclusion and observation:
Secretary of State encourages Natural England to ensure that proposals for infrastructure are appropriate before establishment works take place.
Representation No. MCA/CPH1/R/5/1536
Name of representation:
Freckleton Parish Council
Length Report and route section(s):
Length Report 1, CPH-1-S110 to CPH-1-S143
Secretary of State’s conclusion and observation:
Secretary of State notes representation and welcomes Natural England’s expectation that most of the issues raised will be resolved during the establishment phase.
Representation No. MCA/CPH1/R/8/0008
Name of representation:
Disabled Ramblers
Length Report and route section(s):
Length Report 1, CPH-1-S038 to CPH-1-S042, CPH-1-OA012 to CPH-1-OA018, CPH-1-S044 to CPH-1-S048, CPH-1-OA022, CPH-1-S067, CPH-1-S077 to CPH-1-S084, CPH-1-S133 and CPH-1-S134 – and others not specifically listed.
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s commitment to discuss the Disabled Ramblers’ recommendations on accessibility with the relevant access authority. Encourages Natural England to maximise the accessibility of the trail wherever possible.
Representation No. MCA/CPH2/R/2/1679
Name of representation:
Private individual
Length Report and route section(s):
Length Report 2, specifically Maps CPH 2a and CPH 2b
Secretary of State’s conclusion and observation:
Secretary of State is satisfied Natural England fully explored a more seaward route in this area and considers the proposals are appropriate in light of complex wildlife and land use issues.
Representation No. MCA/CPH2/R/4/0008
Name of representation:
Disabled Ramblers
Length Report and route section(s):
Length Report 2, CPH-2-S011, CPH-2-S012, CPH-2-S018 & CPH-2-S036 – and others not specifically listed.
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s commitment to discuss the Disabled Ramblers’ recommendations on accessibility with the relevant access authority. Encourages Natural England to maximise the accessibility of the trail wherever possible.
Representation No. MCA/CPH2/R/5/0223
Name of representation:
Preston City Council
Length Report and route section(s):
Length Report 2, CPH-2-S016
Secretary of State’s conclusion and observation:
Secretary of State welcomes confirmation that the landowner has been kept informed of proposals and that the route will accommodate any necessary works to the flood bank in future.
Representation No. MCA/CPH2/R/6/0013
Name of representation:
National Grid
Length Report and route section(s):
Length Report 2
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comments and encourages that all relevant legislation and best practice is followed regarding any establishment works in close proximity to National Grid infrastructure. Welcomes confirmation affected landowners will be contacted prior to any works taking place.
Representation No. MCA/CPH2/R/8/0223
Name of representation:
Preston City Council
Length Report and route section(s):
Length Report 2, CPH-2-S018 and CPH-2-S034 to CPH-2-S037
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and welcomes Natural England’s confirmation the relevant occupiers have been kept informed of proposals. Notes the possibility of future change to the route and, should the need arise, encourages Natural England to identify a new route in this area following discussion with stakeholders and interested parties.
Representation No. MCA/CPH3/R/1/1656
Name of representation:
Private individual
Length Report and route section(s):
Length Report 3, map 3h
Secretary of State’s conclusion and observation:
Secretary of State notes reasons for Tarleton Lock as the site of a future bridge. Welcomes Natural England’s comments on encouraging such a bridge to be for both cyclists and pedestrians.
Representation No. MCA/CPH3/R/2/0810
Name of representation:
Private individual
Length Report and route section(s):
Length Report 3
Secretary of State’s conclusion and observation:
Secretary of State recognises the desire for a new bridge in this location and encourages Natural England’s ongoing discussions with stakeholders to help bring this about.
Representation No. MCA/CPH3/R/3/1331
Name of representation:
Private individual
Length Report and route section(s):
Length Report 3, CPH-3-S040
Secretary of State’s conclusion and observation:
Secretary of State notes advice from the Highway Authority that aligning the trail over the A59 road bridge would not be safe. Is satisfied that Natural England’s proposals to end CPH3 at Tarleton Lock is appropriate and encourages ongoing discussions with stakeholders regarding a future bridge in this location.
Representation No. MCA/CPH3/R/4/1676
Name of representation:
West Lancashire Borough Council
Length Report and route section(s):
Length Report 3
Secretary of State’s conclusion and observation:
Secretary of State notes support for a new bridge at Tarleton Lock and encourages Natural England’s ongoing discussions with stakeholders to help bring this about. Notes Natural England’s comments regarding the disused pipe bridge.
Representation No. MCA/CPH3/R/7/1579
Name of representation:
Private individual
Length Report and route section(s):
Length Report 3
Secretary of State’s conclusion and observation:
Secretary of State recognises the desire for a new bridge and encourages Natural England’s ongoing discussions with stakeholders to help bring this about. Is satisfied that Natural England’s proposals to end CPH3 at Tarleton Lock is appropriate and encourages ongoing discussions with stakeholders regarding a future bridge in this location.
Representation No. MCA/CPH3/R/9/0008
Name of representation:
The Disabled Ramblers
Length Report and route section(s):
Length Report 3, CPH-3-S003, CPH-3-S006, CPH-3-S009, CPH-3-S012 and various others
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s commitment to discuss the Disabled Ramblers’ recommendations on accessibility with the relevant access authority. Encourages Natural England to maximise the accessibility of the trail wherever possible.
Representation No. MCA/CPH3/R/10/0013
Name of representation:
National Grid
Length Report and route section(s):
Length Report 3
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comments and encourages that all relevant legislation and best practice is followed regarding any establishment works in close proximity to National Grid infrastructure. Welcomes confirmation affected landowners will be contacted prior to any works taking place.