Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Cremyll to Kingswear, lengths CKW2 to CKW4 and CKW6 to CKW8

Updated 6 March 2024

Applies to England

Introduction

On 15 January 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Cremyll and Kingswear 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 CKW2 to CKW4 and CKW6 to CKW8. The proposals within length reports CKW1, CKW5 and CKW9 will be determined separately.

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

• a. Cremyll to Kingswear length reports CKW2 to CKW4 and CKW6 to CKW8 – part of Natural England’s coastal access report compendium for Cremyll to Kingswear 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 11 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 CKW2 to CKW4, CKW6 and CKW7 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 CKW8, 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 11 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 11 June 2020.

Natural England has also made available here:

• d. Cremyll to Kingswear - 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/CKW Stretch/R/1/CKW2633

Name of representation:

Devon Countryside Access Forum

Length Report and route section(s):

Whole stretch (note Secretary of State’s observations pertain to lengths CKW2 to CKW4 and CKW6 to CKW8 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/CKW Stretch/R/2/CKW2633

Name of representation:

Devon Countryside Access Forum

Length Report and route section(s):

Whole stretch (note Secretary of State’s observations pertain to lengths CKW2 to CKW4 and CKW6 to CKW8 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/CKW Stretch/R/3/CKW2633

Name of representation:

Devon Countryside Access Forum

Length Report and route section(s):

Whole stretch (note Secretary of State’s observations pertain to lengths CKW2 to CKW4 and CKW6 to CKW8 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/CKW Stretch/R/4/CKW2633

Name of representation:

Devon Countryside Access Forum

Length Report and route section(s):

Length reports 3 to 9 (note Secretary of State’s observations pertain to lengths CKW2 to CKW4 and CKW6 to CKW8 only)

Secretary of State’s conclusion and observation:

Secretary of State welcomes Natural England’s commitment to provide information on ferries and alternative routes to walkers and encourages that all additional signs and information boards are appropriately designed.

Representation No. MCA/CKW2/R/2/CKW2660

Name of representation:

Ramblers Association Devon

Length Report and route section(s):

Length report 2, specifically CKW-2-S066

Secretary of State’s conclusion and observation:

Secretary of State notes the representation and Natural England’s comments on the operation of the ferry and on roll back.

Representation No. MCA/CKW2/R/1/CKW2879

Name of representation:

Private individual

Length Report and route section(s):

Length report 2, all route sections

Secretary of State’s conclusion and observation:

Secretary of State notes the scope of the England Coast Path legislation extends to granting pedestrian access rights only.

Representation No. MCA/CKW2/R/3/CKW0008

Name of representation:

The Disabled Ramblers

Length Report and route section(s):

Length report 2, 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/CKW3/R/1/CKW2660

Name of representation:

Ramblers Association Devon

Length Report and route section(s):

Length report 3, all route sections

Secretary of State’s conclusion and observation:

Secretary of State considers that Natural England fully explored other options for the alternative route around the estuary and notes the reasons set out for its proposals.

Representation No. MCA/CKW3/R/6/CKW2633

Name of representation:

Devon Countryside Access Forum

Length Report and route section(s):

Length report 3, all route sections

Secretary of State’s conclusion and observation:

Secretary of State considers that Natural England fully explored other options for the alternative route around the estuary and notes the reasons set out for its proposals. Notes Natural England does not consider extending the operating time of the ferry to be viable.

Representation No. MCA/CKW3/R/2/CKW0244

Name of representation:

Woodland Trust

Length Report and route section(s):

Length report 3, CKW-3-A009 to CKW-3-A013

Secretary of State’s conclusion and observation:

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

Representation No. MCA/CKW3/R/3/CKW2886

Name of representation:

Private individual

Length Report and route section(s):

Length report 3, CKW-3-A016 to CKW-3-A034

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England will consider varying the route should a new walking and cycling path be created in future.

Representation No. MCA/CKW3/R/4/CKW2687

Name of representation:

South West Coast Path Association

Length Report and route section(s):

Length report 3, CKW-3-A001 to CKW-3-A052

Secretary of State’s conclusion and observation:

Secretary of State considers that Natural England fully explored other options for the alternative route around the estuary and notes the reasons set out for its proposals.

Representation No. MCA/CKW3/R/5/CKW0008

Name of representation:

The Disabled Ramblers

Length Report and route section(s):

Length report 3, 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/CKW4/R/1/CKW2660

Name of representation:

Ramblers Association Devon

Length Report and route section(s):

Length report 4, CKW-4-S020 to CKW-4-S029

Secretary of State’s conclusion and observation:

Secretary of State notes the access exclusion will not apply to existing public rights of way and the main beaches accessible from this part of the stretch. Considers the exclusion necessary to prevent disruption to the commercial viability of the estate and that Natural England’s proposal is fully in line with its Approved Scheme. Notes Natural England’s plan to consider moving the trail seawards should the future Public Path Diversion Order prove successful. Notes Natural England’s clarification on roll back.

Representation No. MCA/CKW4/R/2/CKW0008

Name of representation:

The Disabled Ramblers

Length Report and route section(s):

Length report 4, all route sections but specifically CKW-4-S003 to CKW-4-S016

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/CKW6/R/1/CKW2660

Name of representation:

Ramblers Association Devon

Length Report and route section(s):

Length report 6, all route sections

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England expects the expanded ferry service to be in place before coastal access rights come into force on this stretch. Notes Natural England’s commitment to review the proposed route should the ferry service cease or no longer be suitable in future.

Representation No. MCA/CKW6/R/4/CKW2660

Name of representation:

Devon Countryside Access Forum

Length Report and route section(s):

Length report 6, maps 6a to 6e

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England expects the expanded ferry service to be in place before coastal access rights come into force on this stretch.

Representation No. MCA/CKW6/R/2/CKW2687

Name of representation:

South West Coast Path Association

Length Report and route section(s):

Length report 6, all route sections

Secretary of State’s conclusion and observation:

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

Representation No. MCA/CKW6/R/3/CKW0008

Name of representation:

The Disabled Ramblers

Length Report and route section(s):

Length report 6, all route sections but specifically CKW-6-A016, CKW-6-A034 and CKW-6-A036

Secretary of State’s conclusion and observation:

Secretary of State encourages Natural England to work with the Disabled Ramblers together with the access authority, landowners and other interested parties to increase the accessibility of the trail where possible. Notes the existing promoted route around the estuary that the alternative route follows will be available at all times.

Representation No. MCA/CKW7/R/1/CKW2660

Name of representation:

Ramblers Association Devon

Length Report and route section(s):

Length report 7, CKW-7-S026 to CKW-7-S028 and map 7j (Salcombe Ferry)

Secretary of State’s conclusion and observation:

Secretary of State notes that a route seaward of the properties in this area would be unsafe and unsustainable in the long term due to ongoing erosion. Encourages Natural England to work with the Ramblers and other interested parties in future if the ferry is no longer suitable.

Representation No. MCA/CKW7/R/2/CKW0008

Name of representation:

The Disabled Ramblers

Length Report and route section(s):

Length report 7, all route sections but specifically CKW-7-S021 and other locations shown on map 7c

Secretary of State’s conclusion and observation:

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

Representation No. MCA/CKW8/R/1/CKW2673

Name of representation:

Stokenham Parish Council

Length Report and route section(s):

Length report 8, CKW-8-S107 to CKW-8-S110

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England’s proposals form part of a larger project proposed by Devon County Council to reinstate the path damaged in 2018. Encourages Natural England to work with Devon County Council and other parties towards reinstating the path which will be safer, more accessible and of a more suitable standard for a National Trail.

Representation No. MCA/CKW8/R/2/CKW2687

Name of representation:

South West Coast Path Association

Length Report and route section(s):

Length report 8, CKW-8-S107 to CKW-8-S110

Secretary of State’s conclusion and observation:

Secretary of State welcomes support for Natural England’s proposals

Representation No. MCA/CKW7/R/2/CKW0008

Name of representation:

The Disabled Ramblers

Length Report and route section(s):

Length report 8, all route sections but specifically CKW-8-S075

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/CKW8/R/4/CKW2892

Name of representation:

Natural England

Length Report and route section(s):

Length report 8, CKW-8-S090

Secretary of State’s conclusion and observation:

Secretary of State notes the appearance of cracks in the clifftop and likely slumping in the near future. In view of this, Secretary of State approves the proposals subject to the understanding that prior to establishment Natural England, Devon County Council and the landowner, the National Trust, will agree a modification to move the trail back from the clifftop while remaining on land owned by the National Trust. Notes the South West Coast Path has already been diverted inland away from this area.