Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Easington to Filey Brigg

Published 18 August 2020

Applies to England

Introduction

On 28 February 2018 Natural England submitted a coastal access report relating to the stretch of land between Easington and Filey Brigg (“the coastal access report”) 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. Easington to Filey Brigg – Natural England’s coastal access report compendium submitted to the Secretary of State on 28 February 2018
• 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 18 July 2018

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
• (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

These proposals are within the scope of the judgement by the Court of Justice of the European Union known as People over Wind (C-323/17), which concerned the approach to completing Habitats Regulations Assessments (HRAs). The judgement was passed after proposals for the Easington to Filey Brigg stretch were published but before they were approved by the Secretary of State.

To comply with the judgement, the Secretary of State asked Natural England to review its HRA for this stretch. In making his decision, the Secretary of State has taken the revised HRA into account. Representations and Natural England’s comments on them were made before the judgement was passed, and should therefore be read in this context. The revised HRA is published alongside this notice.

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, so far as they relate to those parts of the route to which no objections were made, with modifications in 15 instances to correct minor technical errors in the proposals maps, and in two instances to update proposals maps with changes to trail infrastructure.

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.

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 C 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 objection. 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. The reports on the objections given to them by the appointed person
• c. The revised Habitats Regulations Assessment
• d. 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 18 July 2019
• e. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 18 July 2019

Natural England has also made available here:

• f. Easington to Filey Brigg - the coastal access report.

Annex A: Objections which did not fail to strike a “fair balance”

Objection Reference: MCA/EFB/1

The land in the Report to which the objection relates is route sections EFB-1-S016 to EFB-1-S023 (shown on maps 1d and 1e). Secretary of State notes the consideration and recommendation of the appointed person in regards to this objection, and approves the proposals in relation to route sections EFB-1-S016 to EFB-1-S023.

Objection Reference: MCA/EFB/2

The land in the Report to which the objection relates is route sections EFB-2-S011 to EFB-2-S013 (shown on map 2b). Secretary of State notes the consideration and recommendation of the appointed person in regards to this objection, and approves the proposals in relation to route sections EFB-2-S011 to EFB-2-S013.

Objection Reference: MCA/EFB/3

The land in the Report to which the objection relates is route sections EFB-2-S034 to EFB-2-S039 (shown on map 2g). Secretary of State notes the consideration and recommendation of the appointed person in regards to this objection, and approves the proposals in relation to route sections EFB-2-S034 to EFB-2-S039.

Objection Reference: MCA/EFB/4

The land in the Report to which the objection relates is route sections EFB-2-S036 to EFB-2-S037 (shown on map 2g). Secretary of State notes the consideration and recommendation of the appointed person in regards to this objection, and approves the proposals in relation to route sections EFB-2-S036 to EFB-2-S037.

Objection Reference: MCA/EFB/5

The land in the Report to which the objection relates is route sections EFB-2-S050 to EFB-2-S051 (shown on map 2i). Secretary of State notes the consideration and recommendation of the appointed person in regards to this objection, and approves the proposals in relation to route sections EFB-2-S050 to EFB-2-S051.

Objection Reference: MCA/EFB/6-7

The land in the Report to which the objections relate is route sections EFB-2-S050 to EFB-2-S051 and the route shown on maps 2j and 2K. Secretary of State notes the consideration and recommendation of the appointed person in regards to this objection, and approves the proposals in relation to route sections EFB-2-S050 to EFB-2-S051.

Objection Reference: MCA/EFB/8

The land in the Report to which the objection relates is route sections EFB-2-S066 to EFB-2-S068 (shown on map 2l). Secretary of State notes the consideration and recommendation of the appointed person in regards to this objection, and approves the proposals in relation to route sections EFB-2-S066 to EFB-2-S069, subject to modification of the route as set out in paragraphs 78 and 79 of the report given to the Secretary of State by the appointed person into objections 2-8. The report is published alongside this notice.

Objection Reference: MCA/EFB/9

The land in the Report to which the objection relates is route section EFB-3-S024 (shown on map 3f). Secretary of State notes the consideration and recommendation of the appointed person in regards to this objection, and approves the proposals in relation to route section EFB-3-S024 subject to the site being surveyed, any required license being obtained and the implementation of any mitigation measures considered necessary.

Objection Reference: MCA/EFB/11

The land in the Report to which the objection relates is route sections EFB-4-S046 to EFB-4-S047 (shown on map 4e). Secretary of State notes the consideration and recommendation of the appointed person in regards to this objection, and approves the proposals in relation to route sections EFB-4-S046 to EFB-4-S047.

Objection Reference: MCA/EFB/12

The land in the Report to which the objection relates is route sections EFB-5-S024 to EFB-5-S028 (shown on map 5c). Secretary of State notes the consideration and recommendation of the appointed person in regards to this objection, and approves the proposals in relation to route sections EFB-5-S024 to EFB-5-S028.

Objection Reference: MCA/EFB/13

The land in the Report to which the objection relates is route sections EFB-5-S024 to EFB-5-S028 (shown on map 5c). Secretary of State notes the consideration and recommendation of the appointed person in regards to this objection, and approves the proposals in relation to route sections EFB-5-S024 to EFB-5-S028.  

Annex B: conclusions and observations on representations without modifications

Representation No. MCA/Easington to Filey Brigg\R\1\EFB0013

Name of representation: The Ramblers Association

Report Chapter and route section(s):

• Whole stretch, EFB-1-S001 to EFB-5-S053

Secretary of State’s conclusion and observation:

Secretary of State welcomes representation and thanks The Ramblers Association for their input during development of proposals.

Representation No. MCA/Easington to Filey Brigg\R\9\EFB0935

Name of representation: East Riding of Yorkshire Council

Report Chapter and route section(s):

• Overview

Secretary of State’s conclusion and observation:

Secretary of State thanks East Riding of Yorkshire Council for the clarification. Notes Natural England acknowledges this was an error in the overview.

Representation No. MCA/Easington to Filey Brigg\R\14\EFB0935

Name of representation: East Riding of Yorkshire Council

Report Chapter and route section(s):

• Chapter 3, EFB-3-S007

Secretary of State’s conclusion and observation:

Secretary of State notes advice from East Riding of Yorkshire Council Countryside Access Officer and Natural England that the trail is still passable and the new access right should remain as depicted on Map 3a.

Representation No. MCA/Easington to Filey Brigg\R17\EFB0935

Name of representation: East Riding of Yorkshire Council

Report Chapter and route section(s):

• Chapter 3, EFB-3-S013 & EFB-3-S014

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England’s view that the new access right should remain as depicted on Map 3c.

Representation No. MCA/Easington to Filey Brigg\R\18\EFB0935

Name of representation: East Riding of Yorkshire Council

Report Chapter and route section(s):

• Chapter 3, EFB-3-S027

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England’s view that the new access right should remain as depicted on Map 3f.

Representation No. MCA/Easington to Filey Brigg\R\29\EFB1232

Name of representation: North Yorkshire Local Access Forum

Report Chapter and route section(s):

• Chapter 5, EFB-5-S001 to EFB-5-S053

Secretary of State’s conclusion and observation:

Secretary of State thanks North Yorkshire Local Access Forum for its comments in support of Natural England’s proposals. Notes that Natural England has proposed replacing existing access furniture to increase the accessibility of the trail.

Representation No. MCA/Easington to Filey Brigg\R\30\EFB1011

Name of representation: Royal Society for the Protection of Birds (RSPB)

Report Chapter and route section(s):

• ASFA [Access and Sensitive Features Appraisal] and Chapters 4 and 5

Secretary of State’s conclusion and observation:

Secretary of State thanks the RSPB for their contribution to proposals. Notes Natural England’s view that proposed access restrictions will protect nesting seabirds from disturbance. Encourages Natural England in its offer to continue working jointly with the RSPB, East Riding Yorkshire Council and Yorkshire Wildlife Trust over signage and the future scope of access restrictions.

Representation No. MCA/Easington to Filey Brigg\R\31\EFB1233

Name of representation: East Riding of Yorkshire & Kingston upon Hull Joint Local Access Forum

Report Chapter and route section(s):

• Chapter 1, EFB-1-S027

Secretary of State’s conclusion and observation:

Secretary of State welcomes support for Natural England’s overall proposals. Notes Natural England has confirmed a safe footway will be installed. Encourages Natural England’s commitment to liaise with East Riding of Yorkshire Council’s Highways department regarding safety standards.

Representation No. MCA/Easington to Filey Brigg\R\32\EFB1233

Name of representation: East Riding of Yorkshire & Kingston upon Hull Joint Local Access Forum

Report Chapter and route section(s):

• Chapter 2, EFB-2-S050 and EFB-2-S054

Secretary of State’s conclusion and observation:

Secretary of State welcomes support for Natural England’s overall proposals. Notes the scope of the England Coast Path legislation extends to granting pedestrian access rights only.

Representation No. MCA/Easington to Filey Brigg\R\33\EFB1233

Name of representation: East Riding of Yorkshire & Kingston upon Hull Joint Local Access Forum

Report Chapter and route section(s):

• Chapters 1, 2 and 3

Secretary of State’s conclusion and observation:

Secretary of State welcomes support for Natural England’s overall proposals. Notes the England Coast Path in this area will be able to ‘roll back’ where necessary in response to future erosion, and will be funded to meet the National Trails standard.

Representation No. MCA\Easington to Filey Brigg\R\4\EFB1226

Name of representation: [Redacted], Withernsea Environmental Development Ltd

Report Chapter and route section(s):

• Chapter 1, EFB-1-S025 and EFB-1-S026

Secretary of State’s conclusion and observation:

Secretary of State notes that to date the proposed route in this area remains uninterrupted. Notes Natural England’s intention to submit a variation report should any development take place in future.

Representation No. MCA\Easington to Filey Brigg\R\34\EFB0059

Name of representation: National Grid

Report Chapter and route section(s):

• Chapter 1

Secretary of State’s conclusion and observation:

Secretary of State thanks National Grid for its advice.

Representation No. MCA\Easington to Filey Brigg\R\3\EFB0002

Name of representation: British Horse Society

Report Chapter and route section(s):

• Chapter 2, S050 and S054

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\Easington to Filey Brigg\R\5\EFB1229

Name of representation: [Redacted]

Report Chapter and route section(s):

• Chapter 2

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England has passed these matters on to the relevant authority.

Representation No. MCA\Easington to Filey Brigg\R\8\EFB1230

Name of representation: Aldbrough Women’s Institute

Report Chapter and route section(s):

• Chapter 2, EFB-2-S056 and S054RD

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\Easington to Filey Brigg\R\35\EFB1009

Name of representation: Private individual

Report Chapter and route section(s):

• Chapter 2, EFB-2-S072

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England’s estimated maintenance costs for report chapter 2 and its methodology for calculating these costs. Notes that proposals fully consider the wider impacts of the England Coast Path, and trail establishment will be undertaken in conjunction with the relevant access authority.

Representation No. MCA\Easington to Filey Brigg\R\6\EFB0043

Name of representation: Glendon Estates

Report Chapter and route section(s):

• Chapter 3, EFB-3-S047 to EFB-3-S050

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England has worked with the relevant authorities with regard to the bridge at Earl’s Dyke and that no new access rights will be created landward of the trail.

Encourages Natural England to confirm prior to establishment works that any affected agreement holders under Stewardship schemes are aware of their responsibility to ensure they remain in full compliance with the terms of their schemes.

Representation No. MCA\Easington to Filey Brigg\R\28\EFB1231

Name of representation: Flamborough Head European Marine Site Scheme

Report Chapter and route section(s):

• Chapters 4 and 5, EFB-4-S022 to EFB-5-S003

Secretary of State’s conclusion and observation:

Secretary of State encourages Natural England to work jointly with the Flamborough Head European Marine Site Scheme and its partners, including the East Riding of Yorkshire Council, the RSPB and Yorkshire Wildlife Trust regarding necessary signage and possible future directions.

Annex C: conclusions and observations on representations with modifications

Representation No. MCA/Easington to Filey Brigg\R\10\EFB0935

Name of representation: East Riding of Yorkshire Council

Report Chapter and route section(s):

• Chapter 4, EFB-4-S027

Secretary of State’s conclusion and observation:

Secretary of State thanks East Riding of Yorkshire Council for the clarification. Notes Natural England acknowledges this was an error and has submitted revised proposals.

In view of this, Secretary of State approves the proposals subject to modification in relation to route section EFB-4-S027. This route section has been split into EFB-4-S027a and EFB-4-S027b, with EFB-4-S027b modified to the designation ‘trail using other existing walked route’.

Representation No. MCA/Easington to Filey Brigg\R11\EFB0935

Name of representation: East Riding of Yorkshire Council

Report Chapter and route section(s):

• Chapter 4, EFB-4-S026

Secretary of State’s conclusion and observation:

Secretary of State thanks East Riding of Yorkshire Council for the clarification. Notes Natural England acknowledges this was an error and has submitted revised proposals.

In view of this, Secretary of State approves the proposals subject to modification in relation to route section EFB-4-S026. This route section has been split into EFB-4-S026a and EFB-4-S026b, with EFB-4-S027b modified to the designation ‘trail using other existing walked route’.

Representation No. MCA/Easington to Filey Brigg\R\12\EFB0935

Name of representation: East Riding of Yorkshire Council

Report Chapter and route section(s):

• Chapter 2, EFB-2-S061 to EFB-2-S062

Secretary of State’s conclusion and observation:

Secretary of State thanks East Riding of Yorkshire Council for the clarification. Notes Natural England acknowledges this was an error and has submitted revised proposals.

In view of this, Secretary of State approves the proposals subject to modification in relation to route section EFB-2-S061 and EFB-2-S062. These route sections have been modified to the designation ‘trail using other existing walked route’.

Representation No. MCA/Easington to Filey Brigg\R\13\EFB0935

Name of representation: East Riding of Yorkshire Council

Report Chapter and route section(s):

• Chapter 2, EFB-2-S069

Secretary of State’s conclusion and observation:

Secretary of State thanks East Riding of Yorkshire Council for the clarification. Notes Natural England acknowledges this was an error and has submitted revised proposals.

In view of this, Secretary of State approves the proposals subject to modification in relation to route section EFB-2-S069, which has been modified to the designation ‘public byway’.

Representation No. MCA/Easington to Filey Brigg\R\15\EFB0935

Name of representation: East Riding of Yorkshire Council

Report Chapter and route section(s):

• Chapter 3, EFB-3-S009

Secretary of State’s conclusion and observation:

Secretary of State thanks East Riding of Yorkshire Council for the clarification. Notes Natural England acknowledges this was an error and has submitted revised proposals.

In view of this, Secretary of State approves the proposals subject to modification in relation to route section EFB-3-S009, which has been split into EFB-3-S009a and EFB-3-S009b and modified to the designation ‘public footpath’.

Representation No. MCA/Easington to Filey Brigg\R\16\EFB0935

Name of representation: East Riding of Yorkshire Council

Report Chapter and route section(s):

• Chapter 3, EFB-3-S010

Secretary of State’s conclusion and observation:

Secretary of State thanks East Riding of Yorkshire Council for the clarification. Notes Natural England acknowledges this was an error and has submitted revised proposals.

In view of this, Secretary of State approves the proposals subject to modification in relation to route section EFB-3-S010. This route section has been split into EFB-3-S010a and EFB-3-S010b, with EFB-3-S010a modified to the designation ‘trail using other existing walked route’.

Representation No. MCA/Easington to Filey Brigg\R\19\EFB0935

Name of representation: East Riding of Yorkshire Council

Report Chapter and route section(s):

• Chapter 3, EFB-3-S040

Secretary of State’s conclusion and observation:

Secretary of State thanks East Riding of Yorkshire Council for the clarification. Notes Natural England acknowledges this was an error and has submitted revised proposals.

In view of this, Secretary of State approves the proposals subject to modification in relation to route section EFB-3-S040. This route section has been split into EFB-3-S040a and EFB-3-S040b, with EFB-3-S040b modified to the designation of ‘public footpath’.

Representation No. MCA/Easington to Filey Brigg\R\20\EFB0935

Name of representation: East Riding of Yorkshire Council

Report Chapter and route section(s):

• Chapter 4, EFB-4-S001

Secretary of State’s conclusion and observation:

Secretary of State thanks East Riding of Yorkshire Council for the clarification. Notes Natural England acknowledges this was an error and has submitted revised proposals.

In view of this, Secretary of State approves the proposals subject to modification in relation to route section EFB-4-S001. This route section has been split into EFB-4-S001a, EFB-4-S001b and EFB-4-S001c, with EFB-4-S001b modified to the designation of ‘public footpath’.

Representation No. MCA/Easington to Filey Brigg\R\21\EFB0935

Name of representation: East Riding of Yorkshire Council

Report Chapter and route section(s):

• Chapter 1, EFB-1-S037

Secretary of State’s conclusion and observation:

Secretary of State thanks East Riding of Yorkshire Council for the clarification. Notes Natural England acknowledges this was an error and has submitted revised proposals.

In view of this, Secretary of State approves the proposals subject to modification in relation to route section EFB-1-S037, which has been modified to the designation ‘trail using other existing walked route’.

Representation No. MCA/Easington to Filey Brigg\R\22\EFB0935

Name of representation: East Riding of Yorkshire Council

Report Chapter and route section(s):

• Chapter 2, EFB-2-S001

Secretary of State’s conclusion and observation:

Secretary of State thanks East Riding of Yorkshire Council for the clarification. Notes Natural England acknowledges this was an error and has submitted revised proposals.

In view of this, Secretary of State approves the proposals subject to modification in relation to route section EFB-2-S001, which has been changed to EFB-2-S001 ‘public footpath’.

Representation No. MCA/Easington to Filey Brigg\R\23\EFB0935

Name of representation: East Riding of Yorkshire Council

Report Chapter and route section(s):

• Chapter 2, EFB-2-S043

Secretary of State’s conclusion and observation:

Secretary of State thanks East Riding of Yorkshire Council for the clarification. Notes Natural England acknowledges this was an error and has submitted revised proposals.

In view of this, Secretary of State approves the proposals subject to modification in relation to route section EFB-2-S043, which has been modified to the designation ‘public highway’.

Representation No. MCA/Easington to Filey Brigg\R\24\EFB0935 and MCA/Easington to Filey Brigg\R\25\EFB0935

Name of representation: East Riding of Yorkshire Council

Report Chapter and route section(s):

• Chapter 4, EFB-4-S023

Secretary of State’s conclusion and observation:

Secretary of State thanks East Riding of Yorkshire Council for the clarification. Notes Natural England acknowledges this was an error and has submitted revised proposals.

In view of this, Secretary of State approves the proposals subject to modification in relation to route section EFB-4-S023. This route section has been split into EFB-4-S023a, EFB-4-S023b, EFB-4-S023c and EFB-4-S023d with EFB-4-S023b and EFB-4-S023d modified to the designation ‘trail using other existing walked route’.

Representation No. MCA/Easington to Filey Brigg\R\26\EFB0935

Name of representation: East Riding of Yorkshire Council

Report Chapter and route section(s):

• Chapter 1, EFB-1-S032

Secretary of State’s conclusion and observation:

Secretary of State thanks East Riding of Yorkshire Council for the clarification. Notes Natural England acknowledges this was an error and has submitted revised proposals.

In view of this, Secretary of State approves the proposals subject to modification in relation to route section EFB-1-S032, which has been modified to the designation ‘trail using other existing walked route’.

Representation No. MCA/Easington to Filey Brigg\R\27\EFB0935

Name of representation: East Riding of Yorkshire Council

Report Chapter and route section(s):

• Chapter 4, EFB-4-S011

Secretary of State’s conclusion and observation:

Secretary of State thanks East Riding of Yorkshire Council for the clarification. Notes Natural England acknowledges this was an error and has submitted revised proposals.

In view of this, Secretary of State approves the proposals subject to modification in relation to route section EFB-4-S011, which has been modified to the designation ‘public highway’.

Representation No. MCA\Easington to Filey Brigg\R\7\EFB0092

Name of representation: Ulrome Seaside Caravan Co Ltd

Report Chapter and route section(s):

• Chapter 3, EFB-3-S036

Secretary of State’s conclusion and observation:

Secretary of State notes that Natural England agrees with the new infrastructure proposed by Ulrome Seaside Caravan Co Ltd.

In view of this, Secretary of State approves the proposals subject to modification in relation to route section EFB-3-S036, which has been modified to include a new kissing gate where EFB-3-S036 enters the caravan park from Sand Lane.

Representation No. MCA\Easington to Filey Brigg\R\2\EFB0101

Name of representation: Yorkshire Wildlife Trust

Report Chapter and route section(s):

• Chapter 4, EFB-4-S067 FP to EFB-4-S095 FP

Secretary of State’s conclusion and observation:

Secretary of State welcomes support for Natural England’s overall proposals. Encourages Natural England’s commitment to liaise with East Riding of Yorkshire Council and Yorkshire Wildlife Trust regarding trail establishment.

Notes Natural England agrees that the new gates proposed in these route sections are no longer necessary. In view of this, Secretary of State approves the proposals subject to modification in relation to route section EFB-4-S081 to EFB-4-S086, which has been modified to no longer include four new pedestrian gates.