Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Grain to Woolwich (lengths GWO1, GWO2, GWO3 and GWO6)

Updated 23 April 2020

Introduction

On 5 June 2019 Natural England submitted a coastal access report relating to the stretch of land between Grain and Woolwich (“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”).

This determination only relates to length reports GWO1, GWO2, GWO3 and GWO6. The proposals within length reports GWO4 and GWO5 will be determined separately.

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

• a. Grain to Woolwich length reports GWO1, GWO2, GWO3 and GWO6 – part of Natural England’s coastal access report compendium for Grain to Woolwich submitted to the Secretary of State on 5th 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)(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 22 August 2019

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 in full those proposals for the route and associated coastal margin as set out in the coastal access length reports GWO1, GWO2 and GWO3, in relation to which no objections were made.

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 A to this notice.

The Secretary of State has determined to approve with modification the proposal for the route and associated coastal margin as set out in the coastal access length report GWO6, in relation to which no objections were made.

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 B to this notice.

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 22 August 2019

• c. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 22 August 2019

Natural England has also made available here:

• d. Grain to Woolwich - the coastal access report

Annex A: conclusions and observations on representations without modifications

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/GWO Stretch/R/1/GWO0954

Name of representation: Ramblers

Report chapter and route section(s): Whole stretch - GWO-1-S001 to GWO-6-S054 (Secretary of State comments pertain to lengths GWO1, GWO2, GWO3 and GWO6 only)

Secretary of State’s conclusion and observation: Secretary of State welcomes the representation which is supportive of the proposals and thanks the Ramblers for their positive engagement with Natural England during the development of proposals.

Representation No. MCA/GWO Stretch/R/2/GWO1176

Name of representation: Historic England

Report chapter and route section(s): Whole stretch - GWO-1-S001 to GWO-6-S054 (Secretary of State comments pertain to lengths GWO1, GWO2, GWO3 and GWO6 only)

Secretary of State’s conclusion and observation: Secretary of State welcomes the representation and notes that Natural England has consulted with Historic England in London, and with local officers regarding Historic Environment Records. Further notes that no representations were received from either Historic England in London or local historic environment managers.

Representation No. MCA/GWO Stretch/R/4/GWO0095

Name of representation: Environment Agency

Report chapter and route section(s): Whole stretch - GWO-1-S001 to GWO-6-S054 (Secretary of State comments pertain to lengths GWO1, GWO2, GWO3 and GWO6 only)

Secretary of State’s conclusion and observation: Secretary of State notes the representation which is broadly supportive of the proposals and thanks the Environment Agency for their positive engagement with Natural England during the development of proposals.

Notes that Natural England and the Access Authority have discussed the need for a FRAP with local Environment Agency officers. Notes that Natural England has reduced the number of proposed items to be installed on sea defences, and obtained bespoke pre-application advice on these amended proposals.

Welcomes Natural England’s assurance that the Access Authority will have all relevant consents and permits in place before establishment works begin.

Notes that all roll back will be subject to any necessary Habitats Regulations Assessment. Notes Natural England’s desire to work alongside the Environment Agency to ensure that the future route will not be detrimental to adjacent habitats and species.

Notes that where the trail alignment is to be moved and roll back has not been sought, there will be a Variation Report and an additional associated consultation period.

Notes that Natural England has consulted with Environmental Health Officers and has subsequently agreed mitigation measures on matters relating to creating new access on old landfills.

Representation No. MCA/GWO1/R/1/GWO1200

Name of representation: BP Oil UK Ltd

Report chapter and route section(s): GWO 1 (Maps GWO 1a and 1e)

Secretary of State’s conclusion and observation: Secretary of State notes that Natural England has spoken to BP since the submission of this representation and understands that BP’s interest relates to the development of proposals for the Iwade to Grain stretch, not Grain to Woolwich. Notes that Natural England has committed to continuing to discuss proposals for this stretch with BP prior to publication.

Representation No. MCA/GWO Stretch/R/3/GWO1196

Name of representation: Private individual

Report chapter and route section(s): Whole stretch - GWO-1-S001 to GWO-6-S054 (Secretary of State comments pertain to lengths GWO1, GWO2, GWO3 and GWO6 only)

Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s overall proposals to link the England Coast Path to the Thames Coast Path, which will ensure a complete Source to Sea trail along the River Thames.

Representation No. MCA/GWO Stretch/R/5/GWO0195

Name of representation: Port of London Authority

Report chapter and route section(s): Whole stretch - GWO-1-S001 to GWO-6-S054 (Secretary of State comments pertain to lengths GWO1, GWO2, GWO3 and GWO6 only)

Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s overall proposals.

Notes Natural England’s clarification to Port of London Authority regarding liability, and its offer to provide PLA with ‘End of Access Land’ signs. Notes Natural England’s view that additional fencing is not required to separate walkers and dogs from cattle.

Recognises Natural England’s consultation with wharf owners during trail development, and its view that proposals will not negatively impact wharves or operational activities.

Notes Natural England’s clarification on a number of other points raised, including the nature of the England Coast Path trail and process to review exclusions on saltmarsh and mudflats in future.

Secretary of State encourages Natural England’s commitment to consult early with the Port of London Authority regarding any future roll back, and to decide any new route following discussion with all relevant interests

Representation No. MCA/GWO2/R/1/GWO1200

Name of representation: Bourne Leisure Limited

Report chapter and route section(s): GWO-2-S002

Secretary of State’s conclusion and observation: Secretary of State notes Bourne Leisure Limited’s representation and encourages consultation between Natural England and Bourne Leisure Limited on the implementation of any roll back.

Representation No. MCA/GWO3/R/1/GWO0149

Name of representation: David Lock Associates on behalf of Tarmac, Cement and Lime Ltd

Report chapter and route section(s): GWO-3-S059, GWO-3-S061

Secretary of State’s conclusion and observation: Secretary of State notes that Natural England feel the route as set out in the report accurately reflects the route that is demarcated on the ground at present. Notes that Natural England has since sent detailed maps to Tarmac and they have confirmed that they do not require Natural England to amend the route.

Notes that Natural England has made reference to Tarmac’s planning permissions in their report but that, as the timescale for these developments is still unclear, Natural England are unable to propose any amendments to the route alignment at the moment. Encourages Natural England’s commitment to work constructively with planners and Tarmac to ensure so far as possible that future changes take account of coastal access objectives in this area, and regarding possible temporary diversions of the path.

Representation No. MCA/GWO3/R/2/GWO0184

Name of representation: David Lock Associates on behalf of Northfleet Development LLP

Report chapter and route section(s): GWO-3-S062 to GWO-3-S063

Secretary of State’s conclusion and observation: Secretary of State notes that coastal access rights do not prevent the development of land and welcomes Natural England’s indication that they support proposals for a new riverside promenade. Encourages Natural England to work with developers to ensure proposals take account of local access objectives.

Notes that Natural England has contacted Kent County Council following on from Northfleet Development LLP’s request and the council has confirmed that part of GWO-3-S063 is an existing walked route rather than a public footpath.

Notes that as the path will create new coastal access rights this will not affect the proposed alignment. Notes that Natural England agree that on matters pertaining to the status of routes, reference should be made to the Definitive Map in preference to the England Coast Path report maps.

Representation No. MCA/GWO Stretch/R/6/GWO1199

Name of representation: The Inland Waterways Association (Kent and Sussex)

Report chapter and route section(s): GWO-3-S001 FP to GWO-3-S011 [approximately]

Secretary of State’s conclusion and observation: Secretary of State recognises the planned development in the Canal Basin area and notes that coastal access rights do not prevent the development of land. Notes Natural England’s commitment to work constructively with planners and developers to pursue coastal access objectives.

Note that Natural England’s proposals will not affect other existing rights of access to water, wharfs and shipways, nor will the new rights affect existing navigation rights or moorings in open water.

Representation No. MCA/GWO6/R/1/GWO1198

Name of representation: London Borough of Bexley

Report chapter and route section(s): GWO-6-S001 to GWO-6-S054

Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals. Notes the London Borough of Bexley has not indicated that the Erith Regeneration Programme will affect the alignment of the England Coast Path. Notes that coastal access rights do not prevent any land from being developed or redeveloped. Welcomes Natural England’s commitment to work constructively with the London Borough of Bexley should future development impact on the alignment of the England Coast Path trail.
  ## Annex B: conclusions and observations on representations with modifications

Representation No. MCA/GWO6/R/2/GWO0973

Name of representation: London Borough of Bexley

Report chapter and route section(s): GWO-6-S011 to GWO-6-S014 FP

Secretary of State’s conclusion and observation: Secretary of State is grateful for the clarification on tidal flooding and notes Natural England’s support for the revised Optional Alternative Route as proposed by the London Borough of Bexley. Notes details of the revised proposals are available on gov.uk, in the document containing representations received regarding Grain to Woolwich and Natural England’s comments on them.

Notes the new Optional Alternative Route is entirely on land owned and managed by the London Borough of Bexley and will create no additional coastal margin. Welcomes the proposed modification and agrees with Natural England’s plans for proceeding with necessary changes to the alternative route.

In view of this, Secretary of State approves the proposals subject to modification in relation to route sections GWO-6-S011 to GWO-6-S014 FP, which are periodically flooded during exceptionally high tides. The modification is to allow uninterrupted passage along the England Coast path when route sections GWO-6-S011 to GWO-6-S014 FP are flooded.