Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949 Cremyll to Kingswear, lengths CKW5 and CKW9
Updated 6 March 2024
Applies to England
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This publication is available at https://www.gov.uk/government/publications/coastal-access-section-52-notice-for-cremyll-to-kingswear/notice-by-the-secretary-of-state-under-section-52-of-the-national-parks-and-access-to-the-countryside-act-1949-cremyll-to-kingswear-lengths-ckw5-and
Introduction
On 15 January 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of coast between Cremyll to 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 lengths CKW5 and CKW9. Proposals for lengths CKW2, CKW3, CKW4, CKW6, CKW7 and CKW8, covering the remainder of the route, were approved on 13th January 2021.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Cremyll to Kingswear length reports CKW5 and CKW9 – 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)(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 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 those proposals for the route and associated coastal margin as set out in length reports CKW5 and CKW9.
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 June 2020
d. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State in June 2020
Natural England has also made available here:
e. Cremyll to Kingswear - the compendium of coastal access reports
Annex A: Objections which did not fail to strike a “fair balance”
Objection reference: MCA/CKW5/O/1/CKW1622
The land in the Report to which the objection relates is route section CKW-5-S042. The 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 section.
Objection reference: MCA/CKW9/O/1/CKW2525
The land in the Report to which the objection relates are route sections CKW-9-S015 to CKW-9-S019. The 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 section.
Objection reference: MCA/CKW9/O/2/CKW2581
The land in the Report to which the objection relates are route CKW-9-S043 to CKW-9-S045. The 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 section.
Objection reference: MCA/CKW9/O/3/CKW0842 and CA/CKW9/O/4/CKW2798
The land in the Report to which the objection relates are route CKW-9-S040 to CKW-9-S042. The 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 section.
Objection reference: MCA/CKW9/O/5/CKW2800
The land in the Report to which the objection relates are route CKW-9-S040 to CKW-9-S042. The 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 section.
Objection reference: MCA/CKW9/O/6/CKW1758
The land in the Report to which the objection relates is route section CKW-9-S041. The 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 section.
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.