Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Gosport to Portsmouth, length GPM3
Updated 2 March 2022
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Introduction
On 20 June 2019 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Gosport and Portsmouth 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 relates only to length GPM3. The proposals within length reports GPM1, 2, 4 and 5 were determined separately on 23 January 2020.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Gosport to Portsmouth length report GPM3 – part of Natural England’s compendium of coastal access reports submitted to the Secretary of State on 20 June 2019;
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 reports 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 2 December 2019.
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 proposal for the route and associated coastal margin as set out in the coastal access report GPM3.
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. The Secretary of State therefore approves the proposals set out in the coastal access reports, so far as they relate to those parts of the route (and associated coastal margin) to which the objections relate.
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 https://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 on 2 December 2019; and
d. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 2 December 2019
Natural England has also made available here:
e. Gosport to Portsmouth – the compendium of coastal access reports.
Annex A: objections which did not fail to strike a ‘fair balance’
Objection Reference: MCA/GPM3/0/1
The land in the report to which the objection relates is route sections GPM-3-S071 to GPM-3-S074 (as shown on map 3c). 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 GPM-3-S071 to GPM-3-S074.
Objection reference: MCA/GPM3/0/2
The land in the report to which the objection relates is route sections GPM-3-S073 and GPM-3-S074 (as shown on map 3c). 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 GPM-3-S073 and GPM-3-S074.
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/GPM Stretch/R/1GPM1792
Name of representation:
The Solent Recreation Mitigation Partnership (Bird Aware Solent)
Length Report and route section(s):
Whole stretch (Secretary of State comments pertain to length GPM3 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes constructive engagement with Natural England and notes Natural England has worked closely with Bird Aware Solent during development of proposals.
Notes Natural England are satisfied that proposed mitigation measures will prevent disturbance to breeding and overwintering birds. Encourages continued close working between Natural England and Bird Aware Solent during the implementation stage.
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/GPMStretch/R/3/GPM0019
Name of representation:
The Ramblers Association
Length Report and route section(s):
Whole Stretch (Secretary of State comments pertain to length GPM3 only)
Secretary of State’s conclusion and observation:
Welcomes the Ramblers support for the proposed route alignment around Portsmouth Harbour.
Representation No. MCA/GPMStretch/R/4/GPM0019
Name of representation:
The Ramblers Association
Length Report and route section(s):
Length Reports 1, 2 and 4
Secretary of State’s conclusion and observation:
Notes the Ramblers comments which do not relate directly to GPM3. Welcomes agreement between Natural England, Portsmouth City Council, Gosport Borough council and Fareham Borough Council on working towards future improvement to the route as set out in the report.
Representation No. MCA/GPMOverview/R/1/GPM1793
Name of representation:
Hampshire Countryside Access Forum
Length Report and route section(s):
Whole Stretch (Secretary of State comments pertain to length GPM3 only)
Secretary of State’s conclusion and observation:
Welcomes the Forum’s support for the decision to route the path around Portsmouth Harbour.
Notes the Forum’s desire to ensure future opportunities for improvements to the route are acted on.
Representation No. MCA/GPMOverview/R/2/GPM1793
Name of representation:
Hampshire Countryside Access Forum
Length Report and route section(s):
Whole Stretch (Secretary of State comments pertain to length GPM3 only)
Secretary of State’s conclusion and observation:
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 is 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/GPM3/R/1/GPM0127
Name of representation:
Fareham Borough Council
Length Report and route section(s):
Length Report 3, GPM-3-S001 to GPM-3-S092
Secretary of State’s conclusion and observation:
Notes Fareham Borough Council’s comments. Notes Natural England is confident from their site visits and engagement with the access authority that the surface condition of the route through GPM3 is satisfactory.
Also notes the correspondence between Fareham Borough Council and Natural England which provided further clarity on trail maintenance.
Representation No. MCA/GPM3/R/2/GPM1440
Name of representation:
Portchester Sailing Club
Length Report and route section(s):
GPM3, route sections GPM-3-S072 to GPM-3-S076
Secretary of State’s conclusion and observation:
Notes Portchester Sailing Club’s comments. Welcomes Natural England’s assurance that its proposals do not include the destruction or removal of any trees or hedgerows and notes that flood protection is a matter for local authorities and the Environment Agency.