Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949 Combe Martin to Marsland Mouth: lengths CMM1 to CMM3, CMM5 to CMM7, CMM9 and CMM10

Updated 23 November 2023

Applies to England

Introduction

On 15 January 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Combe Martin and Marsland Mouth 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 CMM1 to CMM3, CMM5 to CMM7, CMM9 and CMM10. The proposals within length reports CMM4 and CMM8 will be determined separately.

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

• a. Combe Martin to Marsland Mouth length reports CMM1 to CMM3, CMM5 to CMM7, CMM9 and CMM10 – part of Natural England’s coastal access report compendium for Combe Martin to Marsland Mouth submitted to the Secretary of State on 15 January 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 5 June 2020.

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 report CMM1 and CMM2, CMM5 to CMM7, CMM9 and CMM10, 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.

The Secretary of State has determined to approve with modification the proposal for the route and associated coastal margin as set out in the coastal access length report CMM3, in relation to which no objections were made.

Where proposals are approved with modification, 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. 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 5 June 2020; and
• c. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 5 June 2020.

Natural England has also made available here:

• d. Combe Martin to Marsland Mouth - the compendium of coastal access reports.

Annex A: conclusions and observations on representations without modifications

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/CMM Stretch/R/1/CMM1324

Name of representation:

Devon Countryside Access Forum

Length Report and route section(s):

Whole stretch (note the Secretary of State comments pertain to lengths CMM1 to CMM3, CMM5 to CMM7, CMM9 and CMM10 only)

Secretary of State’s conclusion and observation:

Secretary of State notes roll back is an important feature of the England Coast Path which will ensure continuity of the trail along eroding sections of coastline. Welcomes Natural England’s engagement with those likely to be affected and expects Natural England to honour the commitment to consult fully with all affected parties before implementing complex roll back in future.

Representation No. MCA/CMM Stretch/R/2/CMM1324

Name of representation:

Devon Countryside Access Forum

Length Report and route section(s):

Whole stretch (note the Secretary of State comments pertain to lengths CMM1 to CMM3, CMM5 to CMM7, CMM9 and CMM10 only)

Secretary of State’s conclusion and observation:

Secretary of State encourages Natural England’s commitment to work with the access authority in making sure signage is clear and appropriate.

Representation No. MCA/CMM Stretch/R/3/CMM1324

Name of representation:

Devon Countryside Access Forum

Length Report and route section(s):

Whole stretch (note the Secretary of State comments pertain to lengths CMM1 to CMM3, CMM5 to CMM7, CMM9 and CMM10 only)

Secretary of State’s conclusion and observation:

Secretary of State encourages Natural England to continue working with the access authority, Disabled Ramblers, landowners and other interested parties to improve the accessibility of the trail where possible.

Representation No. MCA/CMM1/R/3/CMM1249

Name of representation:

Ramblers Association

Length Report and route section(s):

Length Report 1, CMM-1-S011 to CMM-1-S015

Secretary of State’s conclusion and observation:

Secretary of State notes there is no public right of way along Newberry Close and would welcome appropriate improvements to signage which will make this clear to walkers.

Representation No. MCA/CMM1/R/4/CMM1324

Name of representation:

Devon Countryside Access Forum

Length Report and route section(s):

Length Report 1, CMM-1-S025

Secretary of State’s conclusion and observation:

Secretary of State welcomes support for Natural England’s proposals.

Representation No. MCA/CMM1/R/5/CMM1324

Name of representation:

Devon Countryside Access Forum

Length Report and route section(s):

Length Report 1, map CMM 1d

Secretary of State’s conclusion and observation:

Secretary of State welcomes support for Natural England’s proposals.

Representation No. MCA/CMM1/R/1/CMM0687

Name of representation:

Private individual

Length Report and route section(s):

Length Report 1, CMM-1-S032

Secretary of State’s conclusion and observation:

Secretary of State notes the representation and Natural England’s advice.

Representation No. MCA/CMM1/R/2/CMM1542

Name of representation:

Private individual

Length Report and route section(s):

Length Report 1, CMM-1-S011 to CMM-1-S015

Secretary of State’s conclusion and observation:

Secretary of State notes there is no public right of way along Newberry Close and would welcome appropriate improvements to signage which will make this clear to walkers.

Representation No. MCA/CMM1/R/6/CMM1527

Name of representation:

Disabled Ramblers

Length Report and route section(s):

Length Report 1, all route sections

Secretary of State’s conclusion and observation:

Secretary of State encourages Natural England to continue working with the access authority, Disabled Ramblers, landowners and other interested parties to improve the accessibility of the trail where possible.

Representation No. MCA/CMM2/R/1/CMM1249

Name of representation:

Ramblers Association

Length Report and route section(s):

Length Report 2, CMM-2-S042 to CMM-2-S050

Secretary of State’s conclusion and observation:

Secretary of State notes the representation and Natural England’s comments.

Representation No. MCA/CMM2/R/2/CMM1324

Name of representation:

Devon Countryside Access Forum

Length Report and route section(s):

Length Report 2, CMM-2-S012 to CMM-2-S013

Secretary of State’s conclusion and observation:

Secretary of State welcomes support for Natural England’s proposals.

Representation No. MCA/CMM2/R/3/CMM1324

Name of representation:

Devon Countryside Access Forum

Length Report and route section(s):

Length Report 2, CMM-2-S035 to CMM-2-S041

Secretary of State’s conclusion and observation:

Secretary of State welcomes support for Natural England’s comments.

Representation No. MCA/CMM2/R/4/CMM1527

Name of representation:

Disabled Ramblers

Length Report and route section(s):

Length Report 2, all route sections but specifically CMM-2-S001 to CMM-2-S009 and CMM-2-S036

Secretary of State’s conclusion and observation:

Secretary of State encourages Natural England to continue working with the access authority, Disabled Ramblers, landowners and other interested parties to improve the accessibility of the trail where possible.

Representation No. MCA/CMM3/R/5/CMM1249

Name of representation:

Ramblers Association

Length Report and route section(s):

Length Report 3, CMM-3-A001 to CMM-3-A018

Secretary of State’s conclusion and observation:

Secretary of State welcomes Natural England’s proposed alternative route which is more accessible but notes the shorter option favoured by the Ramblers will be remain available for walkers.

Representation No. (i) MCA/CMM3/R/3/CMM1540,
(ii) MCA/CMM3/R/4/CMM0585 and
(iii) MCA/CMM3/R/6/CMM1524

Name of representation:

(i) Ruda Holiday Park (Parkdean Resorts), (ii) Down End Car Park (Croyde) and (iii) North Devon Coast AONB

Length Report and route section(s):

Length Report 3, CMM-3-S031 to CMM-3-S033

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England specialists are in ongoing discussions with the access authority regarding the most appropriate solution to repairing the path in this area. Welcomes Natural England’s expectation that repairs will take place and encourages all parties to reach agreement on a way forward.

Notes Natural England’s view that the alternative route is unlikely to result in increased disturbance to wildlife or residents.

Representation No. MCA/CMM3/R/2/CMM0116

Name of representation:

Putsborough Sands

Length Report and route section(s):

Length Report 3, CMM-3-S010

Secretary of State’s conclusion and observation:

Secretary of State notes the representation and Natural England’s comments.

Representation No. MCA/CMM3/R/7/CMM1527

Name of representation:

Disabled Ramblers

Length Report and route section(s):

Length Report 3, all route sections but specifically CMM-3-S002 to CMM-3-S005, CMM-3-S009 and CMM-3-S014 to CMM-3-S019

Secretary of State’s conclusion and observation:

Secretary of State encourages Natural England to continue working with the access authority, Disabled Ramblers, landowners and other interested parties to improve the accessibility of the trail where possible.

Representation No. MCA/CMM5/R/2/CMM1324

Name of representation:

Devon Countryside Access Forum

Length Report and route section(s):

Length Report 5, CMM-5-S007

Secretary of State’s conclusion and observation:

Secretary of State welcomes Natural England’s proposal to include appropriate signage informing walkers of the retained South West Coast Path route into Barnstable.

Representation No. MCA/CMM5/R/1/CMM1522

Name of representation:

South West Coast Path Association

Length Report and route section(s):

Length Report 5, CMM-5-S006 to CMM-5-S008

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England’s discretion to extend the trail along an estuary does not extend beyond the first available pedestrian crossing point. Welcomes Natural England’s proposal to include appropriate signage informing walkers of the South West Coast Path route into Barnstable which will be retained.

Representation No. MCA/CMM6/R/4/CMM1249

Name of representation:

Ramblers Association

Length Report and route section(s):

Length Report 6, CMM-6-S002, CMM-6-S008, CMM-6-S014, CMM-6-S025

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England’s comments regarding the access exclusion and fencing. Should development take place in future, encourages Natural England to work with the access authority and developers to retain a seaward route for the trail if practicable.

Representation No. (i) MCA/CMM6/R/1/CMM1536,
(ii) MCA/CMM6/R/2/CMM1537,
(iii) MCA/CMM6/R/3/CMM1539,
(iv) MCA/CMM6/R/5/CMM1543,
(v) MCA/CMM6/R/7/CMM1545 and
(vi) MCA/CMM6/R/8/CMM1546

Name of representation:

(i to iii, v and vi) Private individuals, (iv) Gaia Trust

Length Report and route section(s):

Length Report 6, CMM-6-S006

Secretary of State’s conclusion and observation:

Secretary of State welcomes support for Natural England’s proposals.

Representation No. MCA/CMM6/R/6/CMM1522

Name of representation:

South West Coast Path Association

Length Report and route section(s):

Length Report 6, CMM-6-S008

Secretary of State’s conclusion and observation:

Secretary of State notes that fencing will not impede sea views. Should development take place in future, encourages Natural England to work with the access authority and developers to retain a seaward route for the trail if practicable.

Representation No. MCA/CMM6/R/9/CMM1527

Name of representation:

Disabled Ramblers

Length Report and route section(s):

Length Report 6, all route sections but specifically CMM-6-S014, junction of CMM-6-S020 and CMM-6-S021 and CMM-6-S022 to CMM-6-S026

Secretary of State’s conclusion and observation:

Secretary of State encourages Natural England to continue working with the access authority, Disabled Ramblers, landowners and other interested parties to improve the accessibility of the trail where possible.

Representation No. MCA/CMM7/R/1/CMM1249

Name of representation:

Ramblers Association

Length Report and route section(s):

Length Report 7, CMM-7-S048 to CMM-7-S052, CMM-7-S071 to CMM-7-S073 and CMM-7-S074 to CMM-7-S077

Secretary of State’s conclusion and observation:

Secretary of State notes the representation and Natural England’s comments.

Representation No. MCA/CMM7/R/2/CMM1527

Name of representation:

Disabled Ramblers

Length Report and route section(s):

Length Report 7, CMM-7-S002, CMM-7-S005 to CMM-7-S012, CMM-7-S022, CMM-7-S022 to CMM-7-S037, CMM-7-S039 to CMM-7-S053, CMM-7-S056 to CMM-7-S058, CMM-7-S059 to CMM-7-S070

Secretary of State’s conclusion and observation:

Secretary of State encourages Natural England to continue working with the access authority, Disabled Ramblers, landowners and other interested parties to improve the accessibility of the trail where possible.

Representation No. MCA/CMM9/R/1/CMM1249

Name of representation:

Ramblers Association

Length Report and route section(s):

Length Report 9, CMM-9-S002

Secretary of State’s conclusion and observation:

Secretary of State notes the proposed arrangement replicates the existing informal approach on the South West Coast Path. Welcomes Natural England’s reassurance that interruptions to access along the trail would be infrequent and for less than five minutes at a time during the shooting season. Notes that apart from these brief interruptions, this arrangement will not prevent walkers from making onward progress along this section of the trail.

Representation No. MCA/CMM9/R/2/CMM1524

Name of representation:

North Devon Coast AONB

Length Report and route section(s):

Length Report 9, landward coastal margin on maps CMM 9d-f

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England’s comments and that the proposal to include additional landward coastal margin in this area has been made by agreement with the landowner, the National Trust.

Representation No. MCA/CMM9/R/3/CMM1527

Name of representation:

Disabled Ramblers

Length Report and route section(s):

Length Report 9, all route sections with specific reference to maps CMM 9e-g

Secretary of State’s conclusion and observation:

Secretary of State encourages Natural England to continue working with the access authority, Disabled Ramblers, landowners and other interested parties to improve the accessibility of the trail where possible.

Representation No. MCA/CMM10/R/2/CMM1324

Name of representation:

Devon Coastal Access Forum

Length Report and route section(s):

Length Report 10, CMM-10-S021

Secretary of State’s conclusion and observation:

Secretary of State welcomes support for Natural England’s proposals.

Representation No. MCA/CMM10/R/1/CMM1522

Name of representation:

South West Coast Path Association

Length Report and route section(s):

Length Report 10, CMM-10-S025 and CMM-10-S026

Secretary of State’s conclusion and observation:

Secretary of State welcomes Natural England’s plans to signpost the facilities at the hotel as part of wider proposals to make the route clear to walkers on the ground.

Representation No. MCA/CMM10/R/3CMM1544

Name of representation:

Private individuals

Length Report and route section(s):

Length Report 10, maps CMM 10b, c, e and f

Secretary of State’s conclusion and observation:

Secretary of State notes the reasoning set out by Natural England for its proposals in these areas. Considers that Natural England had proposed the most suitable route.

Representation No. MCA/CMM10/R/4/CMM1527

Name of representation:

Disabled Ramblers

Length Report and route section(s):

Length Report 10, all route sections with specific reference to CMM-10-S021 and CMM-10-S051

Secretary of State’s conclusion and observation:

Secretary of State encourages Natural England to continue working with the access authority, Disabled Ramblers, landowners and other interested parties to improve the accessibility of the trail where possible.

Annex B: conclusions and observations on representations with modifications

Representation No. MCA/CMM3/R/1/CMM0116

Name of representation:

Putsborough Sands

Length Report and route section(s):

Length Report 3, CMM-3-S009

Secretary of State’s conclusion and observation:

Secretary of State notes the revised proposals agreed between Natural England, the landowner and the access authority rights of way officer.

In view of this, Secretary of State approves the proposals subject to modification at route section CMM-3-S009. The modification is to move the proposed route off the permissive path alongside the road and onto the road itself which is the existing route of the South West Coast Path.

Notes the landowner is happy for walkers to continue to use the permissive path instead of the road.