Decision

Notice by the Secretary of State under section 52 [and 55(1)] of the National Parks and Access to the Countryside Act 1949: Ecclesbourne Glen, Hastings Country Park (VR17)

Updated 28 March 2024

Applies to England

Introduction

On 27 February 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Eastbourne and Camber 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”).  

On 1 October 2021 the Secretary of State gave notice under Section 52(2) that part one and parts three to six of the Eastbourne to Camber proposals were approved (“the approved coastal access provisions”).

On 26 May 2022, under section 55(1) of the 1949 Act, Natural England submitted a coastal access variation report relating to proposed changes to the approved coastal access provisions (“the coastal access variation report”) to the Secretary of State for Environment, Food and Rural Affairs. The coastal access variation report proposed changes to the approved coastal access provisions at Ecclesbourne Glen, Hastings Country Park.

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

a. proposed changes to the England Coast Path at Ecclesbourne Glen, Hastings Country Park - Natural England’s coastal access variation report submitted to the Secretary of State on 26 May 2022

b. in accordance with paragraph 16(1)(d) of the Schedule, a representation made by a person within paragraph 2(2)(b) to (f) of the Schedule, and Natural England’s comments on that representation which it sent to the Secretary of State on 8 September 2022

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 in full the proposals for the route and associated coastal margin as set out in the coastal access variation report, in relation to which no objections were made.

The Secretary of State’s additional conclusions and observations on representations are at Annex A.

The approved variation to the route is set out at Annex B.

The Secretary of State has made available at www.gov.uk:

a. a copy of this notice

b. the representation made by a person within paragraph 2(2)(b) to (f) of the Schedule, and Natural England’s comments on that representation, which it sent to the Secretary of State on 8 September 2022

Natural England has also made available here:

c. proposed changes to the England Coast Path at Ecclesbourne Glen, Hastings Country Park – the coastal access variation report

Annex A: Conclusions and observations on representations

Representation No: EBC-VR17/R/1/EBC0018

Name of representation:
Ramblers Association

Length report and route sections:
EBC-VR17-S001

Secretary of State’s conclusion and observation:
Welcomes support for Natural England’s proposals. Notes Natural England’s comments regarding signage and the accessibility of Hastings Country Park as a whole. Welcomes the commitment to provide information about accessibility of the trail in this area. Is satisfied the steps are suitable for a national trail and notes Natural England has passed the Ramblers’ comments on to East Sussex County Council.

Annex B: Approved variation at Ecclesbourne Glen

Map VR17c - Ecclesbourne Glen, Hastings Country Park. Shows the approved route in blue and the proposed variation in pink.

Table 2.3.1: Map VR17d – Ecclesbourne Glen, Hastings Country Park

Key notes on table:

1. Column 4 – ‘No’ means no roll-back is proposed for this route section. ‘Yes – normal’ means rollback is proposed and is likely to follow the current feature (such as cliff edge or beach) for the foreseeable future as any coastal change occurs.

2. Column 4 – ‘Yes – see table 2.3.2’ means roll-back is proposed, but refer to that table below about our likely approach to implementing it for this route section. This is because a more complex situation exists in this case and consideration must be given to how roll-back may happen in relation to excepted land, a protected site or similar.

3. Column 5a - Certain coastal land types are included automatically in the coastal margin where they fall landward of the trail if they touch it at some point. The relevant land type (foreshore, cliff, bank, barrier, dune, beach, flat or section 15 land – see Glossary in Annex B to the 2017 Overview) is shown in this column where appropriate. “No” means none present on this route section.

4. Columns 5b and 5c – Any entry in these columns means we are proposing to align the landward boundary of the coastal margin on this route section with the physical features shown in 5b, for the reason in 5c. No text here means that for this route section the landward edge of the margin would be that of the trail itself - or if any default coastal land type is shown in 5a, that would be its landward boundary instead.

1. Maps	2. New route section numbers	3. Current status of route sections	4. Roll-back proposed? (See part 8 of 2017 report Overview)	56a. Landward margin contains coastal land type?	5B. Proposal to specify landward boundary of margin	5c. Reason for landward boundary proposal	6. Explanatory notes
Map VR17d	EBC-VR17-S001 to EBC-VR17- S002	Public footpath	Yes – see table 2.3.2	No	Various	Additional margin	See paragraph 2.2.10 Various means fence line, hedgeline and road

2.3.2 Roll-back implementation – more complex situations: Map VR17d – Ecclesbourne Glen, Hastings Country Park

Maps	New route section numbers	Features or sites potentially affected	Our likely approach to roll-back
Map VR17d	EBC-VR17- S001 to EBC-VR17- S002	Hastings Cliffs SSSI, Special Area of Conservation (SAC)	If the existing route is no longer viable through or seaward of a designated site (SSSI, SAC, SPA, SAM) whose designated features are potentially sensitive to public access, we will choose a new route after detailed discussions with the relevant experts and with any potentially affected owners or occupiers, which will either (a) continue to pass through the site, if appropriate or (b) if necessary, be routed landward of it. Possible impacts on designated sites (Hastings Cliffs SSSI, SAC) may need to be considered as part of deciding on a new alignment for the trail. Where necessary, a Habitats Regulations Assessment will be carried out.
Map VR17d	EBC-VR17- S001 to EBC-VR17- S002	Rocklands Holiday Park	If it is no longer possible to find a viable route seaward of the holiday park, we will choose a new route after detailed discussions with all relevant interests, either (a) to pass through the site, or (b) if this is not practicable, to pass somewhere on the landward side of it. In reaching this judgement we will have full regard to the need to seek a fair balance between the interests of potentially affected owners and occupiers and those of the public