Decision

Notice by the Secretary of State under section 52 [and 55(1)] of the National Parks and Access to the Countryside Act 1949: Silloth Docks, Silloth, Cumbria

Updated 9 February 2023

Applies to England

Introduction

On 25 July 2016, Natural England submitted a compendium of coastal access reports relating to the stretch of land between Gretna and Allonby 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 parts one to three of the Gretna to Allonby proposals, between Gretna and north of Kirkandrews-on-Eden, east of Drumburgh Castle to west of Kenley Cottage, Anthorn and Rumbling Bridge to Allonby were approved (“the approved coastal access provisions”).

On 6 July 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 Silloth Docks near Silloth in Cumbria.

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 Silloth Docks, Silloth, Cumbria - Natural England’s coastal access variation report submitted to the Secretary of State on 6 July 2022

b. 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 Natural England’s comments on those representations which it sent to the Secretary of State on 16 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 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. 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 16 September 2022

Natural England has also made available here:

c. proposed changes to the England Coast Path at Esk Boathouse, Castletown, Cumbria – the coastal access variation report

Annex A: Conclusions and observations on representations

Representation No: MCA/GAL/VR13/R/1/0020

Name of representation: The Ramblers

Length Report and route section(s): GAL-VR13-S001 to S003

Secretary of State’s conclusion and observation: Secretary of State welcomes The Ramblers’s supportive comments. Notes that Natural England has considered any potential effect of the variation on nature conservation and is satisfied changes are in line with environmental protection legislation.

Representation No: MCA/GAL/VR13/R/2/0012

Name of representation: The Open Spaces Society

Length Report and route section(s): GAL-VR13-S001 to S003

Secretary of State’s conclusion and observation: Secretary of State welcomes The Open Spaces Society’s supportive comments. Notes that Natural England has considered any potential effect of the variation on nature conservation and is satisfied changes are in line with environmental protection legislation.

Representation No: MCA/GAL/VR13/R/3/0023

Name of representation: Historic England

Length Report and route section(s): GAL-VR13-S001 to S003

Secretary of State’s conclusion and observation: Secretary of State notes Historic England’s comments and welcomes their advice that the variation would have no significant impact on designated heritage assets.

Representation No: MCA/GAL/VR13/R/4/0876

Name of representation: Associated British Ports

Length Report and route section(s): GAL-VR13-S001 to S003

Secretary of State’s conclusion and observation: Secretary of State notes the Associated British Ports’ comments and thanks them for their support.

Notes Natural England’s confirmation of planned establishment and maintenance works being completed to a high standard and that methods are available to accommodate land management operations. Also notes Natural England’s clarification on occupier’s liability under the Marine and Coastal Access Act 2009.

Annex B: Approved variation at Silloth Docks

The approved variation is for 400m of the approved route to move up to 5m further south of the approved route.

Map VR13a: Natural England's proposed variation to the approved route at Silloth Docks, Silloth

Table 2.3.1: Map VR13a – Silloth Docks

Key notes on table:

1. Column 4 – ‘No’ means no roll-back is proposed for this route section. ‘Yes – normal’ means roll-back is proposed and is likely to follow the current feature (such as, cliff edge/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 mayhappen in relation to, for example, excepted land, a protected site.

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 feature(s) 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)	5a: Landward margin contains coastal land type?	5b: Proposal to specify landward boundary of margin	5c: Reason for landward boundary proposal
VR13a	GAL-VR13-S001	Not an existing walked route	No	No
VR13a	GAL-VR13-S002	Not an existing walked route	No	No	Landward edge of trail	Clarity and cohesion
VR13a	GAL-VR13-S003	Not an existing walked route	Yes – see table 2.3.2	Yes – dune	Seaward edge of minor road and parking area	Clarity and cohesion. Additional landward area.

Table 2.3.2: Roll-back implementation – more complex situations: Map VR13a – Silloth Docks

Maps	New route section numbers	Features or sites potentially affected	Our likely approach to roll-back
VR13a	GAL-VR13-S003	Silloth Dunes and Mawbray Bank SSSI	If the existing route is no longer viable through or seaward of a designated site (such as 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 site (Silloth Dunes and Mawbray Bank) 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.