Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: East Head to Shoreham-by-Sea

Published 18 March 2021

Applies to England

Introduction

On 27 September 2017 Natural England submitted a coastal access report relating to the stretch of land between East Head and Shoreham-by-Sea 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. East Head to Shoreham-by-Sea–Natural England’s coastal access report submitted to the Secretary of State on 27 September 2017;
• 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 23 April 2020.

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 those proposals for the route and associated coastal margin as set out in the coastal access report, with two modifications as set out in the below.

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 objections. 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, with one modification as set out in Natural England’s comment on objection 39.

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 23 April 2020; and
• c. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 23 April 2020.

Natural England has also made available here:

• d. East Head to Shoreham-by-Sea – the coastal access report.

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

Objection Reference: MCA/East Head to Shoreham by Sea/01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12 and 13

The land in the Report to which the objections relates lies between route sections EHS-1-S020 to SWI-1-SO28 (as shown on Maps 1b and 1c). 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 EHS-1-S020 to SWI-1-SO28.

Objection Reference: MCA/East Head to Shoreham by Sea/14, 15, 16, 17, 18 and 19

The land in the Report to which the objections relates is route sections EHS-2-S015RD, EHS-2-S016RD, EHS-2-S017RD, EHS-2-S018FP, EHS-2-S019, EHS-2-S020 & EHS-2-S021 (as shown on Map 2c). 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 EHS-2-S015RD, EHS-2-S016RD, EHS-2-S017RD, EHS-2-S018FP, EHS-2-S019, EHS-2-S020 & EHS-2-S021.

Objection Reference: MCA/East Head to Shoreham by Sea/26

The land in the Report to which the objection relates is route section EHS-2-S173 (as shown on Map 2k). 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 EHS-2-S173.

Objection Reference: MCA/East Head to Shoreham by Sea/27

The land in the Report to which the objection relates is route sections EHS-2-S028 and EHS-2-S029 (as shown on Map 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 EHS-2-S028 and EHS-2-S029.

Objection Reference: MCA/East Head to Shoreham by Sea/28, 29 and 30

The land in the Report to which the objection relates is route sections EHS-2-S040 to EHS-2-S046 (as shown on Map 2f). 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 EHS-2-S040 to EHS-2-S046.

Objection Reference: MCA/East Head to Shoreham by Sea/32 and 33

The land in the Report to which the objection relates is route sections EHS-3-S020 to EHS-3-S037 (as shown on Maps 3a). 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 EHS-3-S020 to EHS-3-S037.

Objection Reference: MCA/East Head to Shoreham by Sea/34

The land in the Report to which the objection relates is route sections EHS-3-S005 to EHS-3-S017 (as shown on Maps 3a). 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 EHS-3-S005 to EHS-3-S017.

Objection Reference: MCA/East Head to Shoreham by Sea/36

The land in the Report to which the objection relates is route sections EHS-3-SO77 and EHS-3-S078 (as shown on Maps 3e). 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 EHS-3-SO77 and EHS-3-S078.

Objection Reference: MCA/East Head to Shoreham by Sea/37, 38, 39, 40 and 41

The land in the Report to which the objection relates is route sections EHS-3-S094FW to EHS-3-S102 (as shown on Maps 3f). 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 EHS-3-S094FW to EHS-3-S102 with modification to route sections EHS-3-S095 and EHS-3-S096 as set out in the appointed person’s report and supported by Natural England.

Objection Reference: MCA/East Head to Shoreham by Sea/42

The land in the Report to which the objection relates is route EHS-4-S013 to EHS-4-S014 (as shown on Maps 4b). 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 EHS-4-S013 to EHS-4-S014.

Objection Reference: MCA/East Head to Shoreham by Sea/43, 44, 45, 46 and 47

The land in the Report to which the objection relates is route EHS-5-S045 to EHS-5-S057 (as shown on Maps 5c and 5d). 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 EHS-5-S045 to EHS-5-S057.

Objection Reference: MCA/East Head to Shoreham by Sea/48

The land in the Report to which the objection relates is route EHS-5-S067 to EHS-5-S081. (as shown on Maps 5e). 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 EHS-5-S067 to EHS-5-S081.

Objection Reference: MCA/East Head to Shoreham by Sea/49, 50, 51, 52

The land in the Report to which the objection relates is route EHS-6-S037 (as shown on Maps 5b). 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 EHS-6-S037.

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\East Head to Shoreham\R\29\EHS2948

Name of representation: West Sussex Local Access Forum

Report Chapter and route section(s):

EHS-2-S015 to EHS-2-S032; EHS-2-S027; EHS-2-S035; EHS-3-SO77; EHS-6-various sections.

Secretary of State’s conclusion and observation:

Notes the representation which approves of the route in general and Natural England’s comment, including on maintenance funding. Encourages Natural England to work with the Access Authority to ensure signage along the route is appropriate.

Representation No. MCA\East Head to Shoreham\R\23\EHS0004

Name of representation: Country Land and Business Association (CLA)

vReport Chapter and route section(s): EHS-2-S040 –S043; EHS-3-S073; EHS-3-S076 to S078

Secretary of State’s conclusion and observation:

Secretary of State notes the representation and is content with the rationale expressed in Natural England’s commends for decisions taken.

Agrees with Natural England that any increased use of the path as a result of the England Coast Path is unlikely to lead to an increase in anti-social behaviour in the area.

Notes that an alternative route is not appropriate in this instance because there is not an adequate reason to close the path with regard to the access scheme.

Notes that shingle is a default coastal landform and so automatically qualifies as landward coastal margin.

On EHS-3-S073, notes the clarification on the extent of the landward coastal margin and is content that this has resolved the issue with the landowner.

On EHS-3-S076 to EHS-3-S078, notes the mapping error that Natural England has agreed to rectify on future maps. Notes that this error does not affect the current proposals.

Representation No. MCA\East Head to Shoreham\R\25\EHS2919

Name of representation: RSPB

Report Chapter and route section(s):

Whole Stretch

Secretary of State’s conclusion and observation:

Notes the representation which is supportive of the proposals.

Supports Natural England’s use of improved signage to adequately ensure access restrictions are adhered to.

Notes that Natural England will continue to work with Bird Aware Solent on managing visitorsto the area.

Representation No. MCA\East Head to Shoreham\R\17\EHS2947

Name of representation: The Ramblers

Report Chapter and route section(s):

EHS-3-S041 FW to EHS-3-S051 FW

Secretary of State’s conclusion and observation:

Notes the representation and Natural England’s comments as to why the alternative suggested by The Ramblers is not suitable.

Representation No. MCA\East Head to Shoreham\R\27\EHS2943

Name of representation: West Sussex County Council

Report Chapter and route section(s):

EHS-1-S023RD; EHS-2-S177RD; EHS-2-S035; EHS-1-S001 FP and EHS-1-S003 FP; EHS-3-S074 FP; EHS-3-S095 to 103; EHS-4-S005 to 026; EHS-6-S024 to 030; EHS-6-S029 to 044.

Secretary of State’s conclusion and observation:

Notes the representation and issues raised within that predominantly concern the establishment of the path.

Echoes Natural England’s hope that WSCC will see the value of being involved in establishment works for this and other stretches of the ECP, which will be 100% funded by Natural England. Also, that WSCC will consider forming a trail partnership, supported by annual Natural England Grant in Aid.

Notes WSCC’s clarification of the status of some points along the route, and that Natural England have committed to work with WSCC to update their mapping data and remove any errors.

Encourages ongoing constructive discussion between the council and Natural England to ensure that the trail in this area is established to the necessary standard, is adequately funded and that infrastructure along the trail, including signage and furniture, is appropriate and maximizes accessibility where possible.

Representation No. MCA\East Head to Shoreham\R\14\EHS1245

Name of representation: Private Individual

Report Chapter and route section(s):

EHS-1-S001 to EHS-1-S002

Secretary of State’s conclusion and observation:

Notes Natural England’s comments on the extent of the landward coastal margin here, and that sand dunes are publicly accessible under the Scheme by default.

Representation No. MCA\East Head to Shoreham\R\21\3774

Name of representation: Private Individual

Report Chapter and route section(s):

EHS-1-S027

Secretary of State’s conclusion and observation:

Understands that Natural England have tried to make the route as accessible as possible with staying within the key principles of the scheme and in this instance, did not feel the installation of a ramp would significantly improve accessibility.

Representation No. MCA\East Head to Shoreham\R\11\EHS1148

Name of representation: Private Individual

Report Chapter and route section(s):

EHS-2-039 to EHS-2-045

Secretary of State’s conclusion and observation:

Agrees with Natural England that as this route is available at all states of the tide, there is no scope for an alternative route.

Notes Natural England’s comments on the extent of the landward coastal margin here, and that the beach is publicly accessible under the Scheme by default.

Representation No. MCA\East Head to Shoreham\R\18\EHS2947

Name of representation: Green Links across the Manhood Local access Forum

Report Chapter and route section(s):

EHS-2-S050

Secretary of State’s conclusion and observation:

Understands that there are issues with the width of the path in this location that prevents the installation of the path. Understands that Natural England have tried to make the route as accessible as possible with staying within the key principles of the scheme and in this instance, the most accessible option was not possible.

Representation No. MCA\East Head to Shoreham\R\19\EHS2947

Name of representation: Green Links across the Manhood Local access Forum

Report Chapter and route section(s):

EHS-2-S158 to EHS-2-S 160

Secretary of State’s conclusion and observation:

Notes that Natural England do plan on raising the surface and making it more durable for the long-term as part of their establishment of the path.

Notes that if there are plans in the future to upgrade the sea defences, then they will consider a variation report to move the path closer to the shore.

Representation No. MCA\East Head to Shoreham\R\11\EHS1148

Name of representation: Private Individual

Report Chapter and route section(s): EHS-2-039 to EHS-2-045

Secretary of State’s conclusion and observation:

Agrees with Natural England that as this route is available at all states of the tide, there is no scope for an alternative route. Notes Natural England’s comments on the extent of the landward coastal margin here, and that the beach is publicly accessible under the Scheme by default.

Representation No. MCA\East Head to Shoreham\R\28\EHS3671

Name of representation: Craigweil House and its Environs Conservation Area Association, Aldwick

Report Chapter and route section(s):

EHS-3-S0 16 to EHS-3-S039

Secretary of State’s conclusion and observation:

Notes that the route is proposed to pass along compacted shingle that is already in use as a trail and that Natural England is not planning any resurfacing work.

Notes that the beach is already used by the public, and under the Scheme the shingle beach would fall within the coastal margin even if the path was routed inland.

Notes that a full Habitat Regulations Assessment (HRA) has been carried out and that it was found that the proposals would not have a detrimental impact on the SSSI.

Notes that under the legislation land owners will still be free to manage their land as required.

Representation No. MCA\East Head to Shoreham\R\16\EHS1897

Name of representation: Private Individual

Report Chapter and route section(s):

EHS-3-S094

Secretary of State’s conclusion and observation:

Notes that as this is a built-up urban area and that the section of the path in question is already a public right of way the route as proposed is already being accessed regularly.

Representation No. MCA\East Head to Shoreham\R\5\EHS3676

Name of representation: Private Individual

Report Chapter and route section(s):

EHS-3-S007

Secretary of State’s conclusion and observation:

Notes that Natural England have no record of the letters mentioned by the representor.

Representation No. MCA\East Head to Shoreham\R\8\EHS3673

Name of representation: Private Individual

Report Chapter and route section(s):

EHS-3-S003 and EHS-3-S041

Secretary of State’s conclusion and observation:

Notes that Natural England will consider the content of signage with the local Access Authority on this beach during the establishment stage.

Representation No. MCA\East Head to Shoreham\R\2\EHS3306

Name of representation: Ferring Parish Council

Report Chapter and route section(s):

EHS-5-S066 to EHS-5-S078

Secretary of State’s conclusion and observation: Notes that the use of the shingle beach for the path here is in order to reduce the extent of coastal margin. A Public Right of Way continues off the beach for those with reduced mobility.

Representation No. MCA\East Head to Shoreham\R\3\EHS2116

Name of representation: Private Individual

Report Chapter and route section(s):

EHS-5-S052

Secretary of State’s conclusion and observation:

Notes that no structures are planned to be established in this section of the path.

Representation No. MCA\East Head to Shoreham\R\4\3759

Name of representation: Ferring Conservation Group

Report Chapter and route section(s):

EHS- 5 – S066 to S081

Secretary of State’s conclusion and observation:

Notes that the use of the shingle beach for the path here is in order to reduce the extent of coastal margin. A Public Right of Way continues off the beach for those with reduced mobility.

Representation No. MCA\East Head to Shoreham\R\9\EHS2934

Name of representation: Littlehampton Town Council

Report Chapter and route section(s):

Chapter 5

Secretary of State’s conclusion and observation:

Notes the representation which is supportive of the proposals.

Representation No. MCA\East Head to Shoreham\R\31\EHS3599

Name of representation: Private Individual

Report Chapter and route section(s):

EHS-5-S003

Secretary of State’s conclusion and observation:

Notes that the pontoons mentioned by the representor will fall under the category of excepted land and therefore not have public access.

Notes the decision to depict the coastal margin using a magenta coloured wash was taken by Ordnance Survey following detailed discussions with Natural England and a group of national stakeholders in 2014. Natural England are confident that this approach has been working well on the ground since 2014 and they have seen no evidence that depicting the coastal margin in this way is bringing home owners and walkers into conflict.

Representation No. MCA\East Head to Shoreham\R\6\EHS2508

Name of representation: Private Individual

Report Chapter and route section(s):

EHS – 5 - S060FP and para 5-1-7

Secretary of State’s conclusion and observation:

Notes the representation and Natural England’s clarification.

Representation No. MCA\East Head to Shoreham\R\7\EHS3271

Name of representation: Private Individual

Report Chapter and route section(s):

EHS-6-S037

Secretary of State’s conclusion and observation:

Notes that since the publication of the proposals, the local authority has extended the boardwalk to this location. The new boardwalk sits on the proposed route of the path.

Notes that this is already a very well accessed route and so expects landowners to be used to the public being close to boundaries. Also notes that if a landward option was taken, the beach would remain within the coastal margin.

Representation No. MCA\East Head to Shoreham\R\13\3766

Name of representation: The Goring & Ilex Conservation Group

Report Chapter and route section(s):

EHS-6-S001 to EHS-6-S003

Secretary of State’s conclusion and observation:

Notes that the Greensward is landward of the path and does not fall within the landward coastal margin.

Representation No. MCA\East Head to Shoreham\R\30\3782

Name of representation: Applewood Property Management Ltd

Report Chapter and route section(s):

EHS-6-S052

Secretary of State’s conclusion and observation:

Notes that Natural England expect very little change in the usage of this section of the path as it is already available for use by the public.

Representation No. MCA\East Head to Shoreham\R\22\EHS0214

Name of representation: Adur & Worthing District Council

Report Chapter and route section(s):

EHS-6-S037 to EHS-6-S041

Secretary of State’s conclusion and observation:

Notes that since this representation, the local authority has created the extension to the boardwalk mentioned in this representation. The boardwalk sits under the line identified as future England Coast Path.

Representation No. MCA\East Head to Shoreham\R\20\EHS2947

Name of representation: Green Links across the Manhood Local access Forum

Report Chapter and route section(s):

EHS-6-S015 MU to EHS-6-S018 MU

Secretary of State’s conclusion and observation:

Notes Natural England’s reasoning and that the beach does sit within the coastal margin so may be used by the public if preferred.

Representation No. MCA\East Head to Shoreham\R\24\EHS2941

Name of representation: Sussex Wildlife Trust

Report Chapter and route section(s):

Various

Secretary of State’s conclusion and observation:

Notes Natural England’s comments and their intention to introduce interpretation panels to the route. Notes that a full Habitat Regulations Assessment report has been carried out and considered in conjunction with all other documents when making this determination.

Representation No. MCA\East Head to Shoreham\R\26\EHS3762

Name of representation: Adur Property Management Ltd

Report Chapter and route section(s):

EHS-6-SO51 to EHS-6-SO53

Secretary of State’s conclusion and observation:

Notes the mapping error and confirms that this has now been amended. Notes that Natural England believe there will be very little change in the usage of this stretch of the path and do not anticipate increased litter becoming a problem.

Confirms that the route will follow the northern most edge of the walkway.

Representation No. MCA\East Head to Shoreham\R\1\EHS2939

Name of representation: Parish Clerk, Lancing Parish Council

Report Chapter and route section(s):

EHS-6-SO27 MU and EHS-6-SO30 RD

Secretary of State’s conclusion and observation:

Notes the representation and Natural England’s response.

Annex C: Conclusions and observations on representations with modifications

Representation No. MCA\East Head to Shoreham\R\10\EHS3763

Name of representation: Chichester District Council

Report Chapter and route section(s):

EHS-2-S039

Secretary of State’s conclusion and observation:

Recognises that a mapping error incorrectly assessed the car park as part of the wider shingle beach. Approves this section of the path with the modification proposed by Natural England to resolve this discrepancy.