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 GWO4 and GWO5)

Updated 23 April 2020

1. 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 relates only to lengths GWO4 and GWO5. The proposals within length reports GWO1, GWO2, GWO3 and GWO6 were determined separately on 23 January 2020.

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

• a. Grain to Woolwich length reports GWO4 and GWO5 – part of Natural England’s coastal access report compendium submitted to the Secretary of State on 5 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 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.

2. 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 reports GWO4 and GWO5 so far as they relate to those parts of the route 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 B 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 reports GWO4 and GWO5 do not fail to strike a “fair balance” as a result of the matters specified in the objections. He therefore approves 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 him 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 22 August 2019; and
• d. 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:

• e. Grain to Woolwich - the coastal access report.

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

3.1 Objection reference: MCA/GWO4/0/1 and MCA/GWO4/0/2

The land in the Report to which the objection relates is route sections GWO-4-S032 to GWO-4-S033 (shown on maps 4c). Secretary of State approves the proposals in relation to route sections GWO-4-S032 to GWO-4-S033.

3.2 Objection reference: MCA/GWO5/0/1

The land in the Report to which the objection relates is route sections GWO-5-S042 to GWO-5-S045 (shown on map 5e). Secretary of State approves the proposals in relation to route sections GWO-5-S042 to GWO-5-S045.

4. 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.

4.1 Representation No. MCA/GWO5/R/2/GWO1195

Name of representation: North West Kent Ramblers

Report chapter and route section(s): Chapter 5 GWO-5-S005 to GWO-5-S042

Secretary of State’s conclusion and observation: Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.

Notes that Natural England will consider a realignment if a river crossing is developed in the future.

4.2 Representation No. MCA/GWO Stretch/R/1/GWO0954

Name of representation: Ramblers

Report chapter and route section(s): Whole stretch (Secretary of State comments pertain to lengths GWO4 and GWO5 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.

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

Name of representation: Historic England

Report chapter and route section(s): Whole stretch (Secretary of State comments pertain to lengths GWO4 and GWO5 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.

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

Name of representation: Environment Agency

Report chapter and route section(s): Whole stretch (Secretary of State comments pertain to lengths GWO4 and GWO5 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.

4.5 Representation No. MCA/GWO4/R/1/GWO0100

Name of representation: Fisher German

Report chapter and route section(s): Chapter 4GWO-4-S056

Secretary of State’s conclusion and observation: Secretary of State recognises that there is no intention to install any new infrastructure on Esso’s landholdings and that the Access Authority will undertake the appropriate risk assessments.

4.6 Representation No. MCA/GWO4/R/2/GWO0048

Name of representation: Continuity Court (Freehold) Ltd

Report chapter and route section(s): Chapter 4 GWO-4-S031 to GWO-4-S035

Secretary of State’s conclusion and observation: Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.

Notes the intention for an informal route for those with reduced mobility to be clearly signposted.

4.7 Representation No. MCA/GWO4/R/3/GWO1197

Name of representation: Churchill Estates & Management

Report chapter and route section(s): Chapter 4 GWO-4-S031 to GWO-4-S035

Secretary of State’s conclusion and observation: Secretary of State notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.

4.8 Representation No. MCA/GWO4/R/4/GWO0243

Name of representation: David Lock Associates, on behalf of Swanscombe Development LLP

Report chapter and route section(s): Chapter 4 GWO-4-S001 to GWO-4-S013

Secretary of State’s conclusion and observation: Secretary of State notes that the proposals will not prevent any land from development or redevelopment in the future.

4.9 Representation No. MCA/GWO5/R/1/GWO0066

Name of representation: Darent Industrial Park Estate (2002) Ltd

Report chapter and route section(s): Chapter 5 GWO-5-S042 to GWO-5-S045

Secretary of State’s conclusion and observation: Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.

Notes that this section is already a public footpath and nationally promoted cycleway.

4.10 Representation No. MCA/GWO5/R/3/GWO1172

Name of representation: Dartford and Crayford Creek Restoration Trust

Report chapter and route section(s): Chapter 5 GWO-5-S005

Secretary of State’s conclusion and observation: Secretary of State thanks the Dartford and Crayford Creek Restoration Trust for their representation which is supportive of the proposals.

Notes that Natural England have committed to working with all parties should there be any future changes to the route.

4.11 Representation No. MCA/GWO5/R/4/GWO0223

Name of representation: Shell Pensions Trust Limited

Report chapter and route section(s): Chapter 5 GWO-5-S020 to GWO-5-S023

Secretary of State’s conclusion and observation: Notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.

Notes that the Highway Authority raised no concerns regarding the safety of users on the section of the route.

Notes that the installation and ongoing maintenance of the proposed England Coast Path infrastructure lies with London Borough of Bexley and not affected landowners.

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

Name of representation: Private individual

Report chapter and route section(s): Whole stretch (Secretary of State comments pertain to lengths GWO4 and GWO5 only)

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

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

Name of representation: Port of London Authority

Report chapter and route section(s): Whole stretch (Secretary of State comments pertain to lengths GWO4 and GWO5 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 development of proposals, 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.

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

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

Report chapter and route section(s): Whole stretch and GWO-4-SO13-GWO-4-SO14 (Secretary of State comments pertain to lengths GWO4 and GWO5 only)

Secretary of State’s conclusion and observation: Notes 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. Secretary of State notes that the proposals will not prevent any land from development or redevelopment in the future. The planning application referenced in the representation will be decided by the local planning authority.