Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Gretna to Allonby, Part 1, Part 2 and Part 3

Question 1

Introduction

Accepted Answer

On 25 July 2016 Natural England submitted a coastal access report 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”).

This determination only relates to Part 1 (GAL-1-S001 to GAL-1-S097 and GAL-2-S001 to GAL-2-S0031), Part 2 (GAL-2-S075 to GAL-2-S076 and GAL-3-S001 to GAL-3-S026) and Part 3 (GAL-4-S028 to GAL-4-S117 and GAL-5-S001 to GAL-5-S065). The proposals for the rest of the stretch will be determined separately.

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

a. Gretna to Allonby parts 1, 2 and 3 – part of Natural England’s coastal access report for Gretna to Allonby submitted to the Secretary of State on 25 July 2016;

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 report 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 17 November 2016.

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.

Question 2

Secretary of State’s approval of coastal access proposals

Accepted Answer

The Secretary of State has determined to approve those proposals for the route and associated coastal margin for parts 1, 2 and 3 as set out in the coastal access report.

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 report do not fail to strike a “fair balance” as a result of the matters specified in the objections. They therefore approve 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.

These proposals are within the scope of the judgement by the Court of Justice of the European Union known as People over Wind (C-323/17), which concerned the approach to completing Habitats Regulations Assessments (HRAs). The judgement was passed after proposals for the Gretna to Allonby stretch were published but before they were approved by the Secretary of State.

To comply with the judgement, the Secretary of State asked Natural England to review its HRA for this stretch. In making their decision, the Secretary of State has taken the revised HRA into account. Representations and Natural England’s comments on them were made before the judgement was passed and should therefore be read in this context. The revised HRA and the representations are published alongside this notice.

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 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 17 November 2016; and

D. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 17 November 2016.

Natural England has also made available here:

E. Gretna to Allonby: the coastal access report.

Question 3

Annex A: objections which did not fail to strike a “fair balance”

Accepted Answer

Objection Reference: MCA/GAL0123/10

The land in the report to which the objections relates lies within sections GAL-1-SO12 to GAL-1-SO20 (as shown on Maps 1a, 1b and 1c). 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 GAL-1-SO12 to GAL-1-SO20.

Question 4

Annex B: conclusions and observations on representations

Accepted Answer

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/Gretna to Allonby/R/4/GAL0012

Name of representation: Open Spaces Society

Length Report and route section(s):
All/entire report – Secretary of State comments only relate to parts of the stretch approved here

Secretary of State’s conclusion and observation:
Secretary of State supports the use of Section 25(a) restrictions in order to restrict access to unsafe areas of saltmarsh.

Supports Natural England’s use of alternative routes where the main route is not accessible at certain times. Is content that Natural England’s use of them is consistent with the Approved Coastal Access Scheme.

Encourages Natural England to work with the access authority during establishment to increase the accessibility of the trail where possible and avoid infrastructure being the limiting factor for users with mobility issues.