Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Humber Bridge to Easington

Published 2 March 2022

Applies to England

Introduction

On 12 May 2021 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Humber Bridge and Easington 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”).

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

a. Natural England’s compendium of coastal access reports for Humber Bridge to Easington submitted to the Secretary of State on 12 May 2021;

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 the summary of other representations made, and Natural England’s comments on those representations which it sent to the Secretary of State on 22 October 2021.

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 compendium of coastal access reports for Humber Bridge to Easington, in relation to which no objections were made.

The additional conclusions and observations of the Secretary of State in relation to the representations are set out at Annex A to this notice.

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 https://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 October 2021; and

C. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 22 October 2021.

Natural England has also made available here:

D. Humber Bridge to Easington: the compendium of coastal access reports.

Annex A: 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/WHOLESTRETCH/R/3/HBE0063

Name of representation:
Environment Agency

Length Report and route section(s):
Whole stretch, including the Overview

Secretary of State’s conclusion and observation:
Secretary of State notes the information provided regarding permits and consents. Welcomes Natural England’s commitment to secure all necessary permits and consents, alongside the access authority, at the establishment stage. Is content that the most appropriate route has been proposed by Natural England with reference to sensitive features as set out in the HRA.

Representation No. MCA/HBE1/R/3/HBE0024

Name of representation:
East Riding of Yorkshire Council

Length Report and route section(s):
Length Report 1, HBE-1-S033 to HBE-1-S041

Secretary of State’s conclusion and observation:
Secretary of State is satisfied the proposed route meets the requirements of the Coastal Access Scheme and welcomes proposals to upgrade the existing path.

Representation No. MCA/HBE2/R/2/HBE0024

Name of representation:
East Riding of Yorkshire Council

Length Report and route section(s):
Length Report 1, HBE-2-S048

Secretary of State’s conclusion and observation:
Secretary of State notes the representation and Natural England’s comments, and is satisfied that Natural England has proposed the most appropriate route available.

Notes Natural England’s offer to discuss with the council further.

Representation No. MCA/HBE2/R/4/HBE0394

Name of representation:
East Riding of Yorkshire and Kingston upon Hull Joint Local Access Forum

Length Report and route section(s):
Length Report 2, HBE-2–S008 to HBE-2-S039

Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s comments and is satisfied that while this may not be a particularly appealing section of the path, it is the most appropriate route available and follows a purpose-built cycleway and footpath. Notes Natural England may consider a variation report in future should an improved alignment in this area become possible.

Notes Natural England has walked the route with highways authority officials who have confirmed its safety.

Representation No. MCA/HBE2/R/5/HBE0394

Name of representation:
East Riding of Yorkshire and Kingston upon Hull Joint Local Access Forum

Length Report and route section(s):
Length Report 2, HBE-2-S046 to HBE-2-S057

Secretary of State’s conclusion and observation:
Secretary of State notes that the England Coast Path project exists principally to improve walking access. As such, is content that the most appropriate route has been proposed.

Representation No. MCA/HBE4/R/2/HBE0024

Name of representation:
East Riding of Yorkshire Council

Length Report and route section(s):
Length Report 4, HBE-4-S025 to HBE-2-S026

Secretary of State’s conclusion and observation:
Secretary of State is satisfied that the most appropriate route has been proposed by Natural England with reference to sensitive wildlife, as set out in the HRA.

Representation No. MCA/HBE4/R/6/HBE0399

Name of representation:
RSPB

Length Report and route section(s):
Length Report 4, HBE-4-S025; Directions Map 4G; map 4h; Kilnsea wetlands landward of HBE-4-S025 and exclusion area at Beacon Lagoons and land between mean high and low water adjacent to proposed long-term access exclusion area at Beacon Lagoons. Kilnsea / Easington area in relation to breeding avocets

Secretary of State’s conclusion and observation:
Secretary of State is satisfied that after detailed consultation with interested parties the most appropriate route has been proposed by Natural England with reference to sensitive wildlife, as set out in the HRA.

Notes that the installation of mitigation mechanisms such as screening will be considered further during the establishment stage.

Representation No. MCA/HBE4/R/7/HBE0399

Name of representation:
RSPB

Length Report and route section(s):
Length Report 4, fields seaward of sections HBE-4-S001 to HBE-4-S004

Secretary of State’s conclusion and observation:
Secretary of State notes that on the completion of the wet grassland project, this area will likely be excluded from spreading room.

Other representations

Representation No. MCA/WHOLESTRETCH/R/1/HBE0035

Name of representation:
Associated British Ports (ABP)

Length Report and route section(s):
Whole stretch, specifically HBE-1-S048 to HBE-1-S071, HBE-2-S007 to HBE-2-S057, HBE-3-S002 and HBE-3-S041 to HBE-3-042.

Secretary of State’s conclusion and observation:
Secretary of State notes that on the completion of the wet grassland project, this area will likely be excluded from the coastal margin.

Notes Natural England’s comments and is satisfied there has been appropriate consultation on this route and that Natural England has proposed the most appropriate route in this area.

Representation No. MCA/WHOLESTRETCH/R/2/HBE033

Name of representation:
Humber Nature Partnership

Length Report and route section(s):
Length Report 4, HBE-4-S001 to HBE-4-S008

Secretary of State’s conclusion and observation:
Secretary of State is satisfied Natural England has produced a thorough Habitats Regulations Assessment for this stretch and consulted nature specialists when proposing the route in this area. Is content that the route is consistent with the associated HRA and NCA.

Notes that on the completion of the wet grassland project, this area will likely be excluded from the coastal margin.

Representation No. MCA/HBE1/R/1/HBE0434

Name of representation:
Trans Pennine Trail

Length Report and route section(s):
Length Report 1, HBE-1-S033 to HBE-1-S040

Secretary of State’s conclusion and observation:
Secretary of State notes representation and Natural England’s comments. Encourages Natural England’s engagement with Hull City Council over possible future improvements in this area.

Representation No. MCA/HBE1/R/2/HBE0393

Name of representation:
Humber Bridge Board

Length Report and route section(s):
Length Report 1, HBE-1-S001 and HBE-1-A001

Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the Humber Bridge Board which is supportive of the path.

Notes that Natural England agrees with the Board that moving the path to the landward side of the bridge would provide for better continuous access. Approves the suggested modification detailed in the representation along with the amended map in the supporting documents.

Representation No. MCA/HBE2/R/2/HBE0024

Name of representation:
East Riding of Yorkshire Council

Length Report and route section(s):
Length Report 2, HBE-2-S048

Secretary of State’s conclusion and observation:
Secretary of State notes the representation and is content that Natural England has proposed the most appropriate route available.

Notes that Natural England will engage with the council further, should the planned development go ahead.

Representation No. MCA/HBE2/R/4/HBE0394

Name of representation:
East Riding of Yorkshire and Kingston upon Hull Joint Local Access Forum

Length Report and route section(s):
HBE-2-S008 to HBE-2-S039

Secretary of State’s conclusion and observation:
Secretary of State notes the representation and is content that Natural England has proposed the most appropriate route available.

Representation No. MCA/HBE2/R/5/HBE0394

Name of representation:
East Riding of Yorkshire and Kingston upon Hull Joint Local Access Forum

Length Report and route section(s):
HBE-2-S046 HBE-2-S057

Secretary of State’s conclusion and observation:
Secretary of State notes that the England Coast Path project exists principally to improve walking access. As such, is content that the most appropriate route has been mapped.

Representation No. MCA/HBE2/R/1/HBE0396

Name of representation:
Private Individual

Length Report and route section(s):
Length Report 2, HBE-2-S009 to HBE-2-S039

Secretary of State’s conclusion and observation:
Secretary of State notes the representation and is satisfied that Natural England have proposed the most appropriate route available. Notes Natural England may consider a variation report in future should an improved alignment in this area become possible.

Representation No. MCA/HBE2/R/3/HBE0432

Name of representation:
National Grid

Length Report and route section(s):
Length Report 2, HBE-2-S045 and HBE-2-S047 to HBE-2-S057

Secretary of State’s conclusion and observation:
Secretary of State notes the information provided by National Grid.

Representation No. MCA/HBE3/R/1/HBE0329

Name of representation:
South Holderness Internal Drainage Board

Length Report and route section(s):
Length Report 3, HBE-3-S001 to HBE-3-S046

Secretary of State’s conclusion and observation:
Secretary of State notes the information provided by South Holderness Internal Drainage Board and is content that Natural England will ensure establishment of the path is compliant with the requirements highlighted.

Representation No. MCA/HBE3/R/2/HBE0432

Name of representation:
National Grid

Length Report and route section(s):
Length Report 3, HBE-3-S001 to HBE-3-S023

Secretary of State’s conclusion and observation:
Secretary of State notes the information provided by National Grid.

Representation No. MCA/HBE4/R/5/HBE0168

Name of representation:
Yorkshire Wildlife Trust

Length Report and route section(s):
Length Report 3, maps 3a, 3h and 3i

Secretary of State’s conclusion and observation:
Secretary of State is content that the most appropriate route has been proposed by Natural England with reference to sensitive wildlife, as set out in the HRA. Notes these proposals have been developed with input from Natural England’s senior ornithologist.

Notes that the installation of mitigation mechanisms such as screening will be considered further during the establishment stage. Notes the benefits of signage and trail management highlighted by Natural England in their comments.

Representation No. MCA/HBE4/R/1/HBE0352

Name of representation:
Easington Parish Council

Length Report and route section(s):
Length Report 4, HBE-4-S024 to HBE-4-S026

Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s assurance that establishment works will be carried out in conjunction with the Environment Agency and relevant Internal Drainage Board to ensure existing flood defences are not compromised.

Representation No. MCA/HBE4/R/3/HBE0435

Name of representation:
Private Individual

Length Report and route section(s):
HBE-4-S004

Secretary of State’s conclusion and observation:
Secretary of State is satisfied that the most appropriate route has been proposed by Natural England with reference to sensitive wildlife, as set out in the HRA.

Representation No. MCA/HBE4/R/1/HBE0352

Name of representation:
South Holderness Internal Drainage Board

Length Report and route section(s):
HBE-4-S024 to HBE-4-S026

Secretary of State’s conclusion and observation:
Secretary of State notes the information provided by South Holderness Internal Drainage Board and is content that Natural England will ensure establishment of the path is compliant with the requirements highlighted.

Representation No. MCA/HBE4/R/5/HBE0168 End of representation

Name of representation:
Yorkshire Wildlife Trust

Length Report and route section(s):
HBE-4-S024 to HBE-4-S026

Secretary of State’s conclusion and observation:
Secretary of State is satisfied that the most appropriate route has been proposed by Natural England with reference to sensitive wildlife, as set out in the HRA. Notes these proposals have been developed with input from Natural England’s senior ornithologist.

Notes that the installation of mitigation mechanisms such as screening will be considered further during the establishment stage. Notes the benefits of signage and trail management highlighted by Natural England in their comments.

Representation No. MCA/HBE4/R/8/HBE0406

Name of representation:
Private Individual

Length Report and route section(s):
HBE-4-S024 to HBE-4-S026

Secretary of State’s conclusion and observation:
Secretary of State is satisfied that the most appropriate route has been proposed by Natural England with reference to sensitive wildlife, as set out in the HRA. Notes these proposals have been developed with input from Natural England’s senior ornithologists.

Notes that the installation of mitigation mechanisms such as screening will be considered further during the establishment stage. Notes the benefits of signage and trail management highlighted by Natural England in their comments.