Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Hunstanton to Sutton Bridge, length HSB2
Updated 10 August 2022
Applies to England
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This publication is available at https://www.gov.uk/government/publications/coastal-access-section-52-notice-for-hunstanton-to-sutton-bridge/notice-by-the-secretary-of-state-under-section-52-of-the-national-parks-and-access-to-the-countryside-act-1949-hunstanton-to-sutton-bridge-length-hs
Introduction
On 25 November 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Hunstanton and Sutton Bridge 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 length HSB2. The proposals for length reports HSB1, 3 and 4 were determined separately on 1 October 2021.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Hunstanton to Sutton Bridge length report HSB2 – part of Natural England’s compendium of coastal access reports submitted to the Secretary of State on 25 November 2020
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 15 December 2021
In this notice –
(a) “objection” means an objection about the coastal access report which is made under paragraph 3 of the Schedule
(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 the proposal for the route and associated coastal margin as set out in the coastal access report HSB2.
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. The Secretary of State therefore approves the proposals set out in the coastal access reports, so far as they relate to those parts of the route (and associated coastal margin) to which the objections relate.
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. 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 15 December 2021
d. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 15 December 2021
Natural England has also made available here:
e. Hunstanton to Sutton Bridge – the compendium of coastal access reports
Annex A: objections which did not fail to strike a “fair balance”
Objection Reference: MCA/HSB2/1
The land in the report to which the objection relates is route sections HSB-2-S011 to HSB-2-S047 (as shown on map 2a). 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 HSB-2-S011 to HSB-2-S047.
Objection reference: MCA/HSB2/3
The land in the report to which the objection relates is route sections HSB-2-S011 to HSB-2-S047 (as shown on map 2a). 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 HSB-2-S011 to HSB-2-S047.
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.
Representation No: MCA/HSB2/R/19/HSB0823
Name of representation:
Country Land Association
Length Report and route section(s):
HSB-2-S001 to HSB-2-S062
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s confirmation the trail will not affect future flood bank maintenance. Encourages Natural England to work closely with the highways authority and landowners and occupiers to facilitate any necessary works once coastal access rights have come into effect.
Representation No: MCA/HSB2/R/16/HSB0839
Name or representation:
National Farmers Union
Length Report and route section(s):
HSB-2-S001 to HSB-2-S062
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s confirmation the trail will not affect future flood bank maintenance. Encourages Natural England to work closely with the highways authority and landowners and occupiers to facilitate any necessary works once coastal access rights have come into effect.
Representation No: MCA/HSB2/R/15/HSB0840
Name or representation:
National Farmers Union (East Midlands)
Length Report and route section(s):
HSB-2-S001 to HSB-2-S062
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s confirmation the trail will not affect future flood bank maintenance. Encourages Natural England to work closely with the highways authority and landowners and occupiers to facilitate any necessary works once coastal access rights have come into effect.
Representation No: MCA/HSB2/R/17/HSB0673
Name or representation:
RSPB
Length Report and route section(s):
HSB-2-S001 to HSB-2-S061. This also relates to HSB1 (Secretary of State’s comments pertain to length HSB2)
Secretary of State’s conclusion and observation:
Secretary of State notes RSPB’s representations about disturbance to sensitive wildlife and is satisfied that Natural England has fully considered the effects and the proposed measures to minimise additional disturbance. Encourages Natural England to continue working closely with the RSPB, Norfolk County Council, the Environment Agency and others to monitor the situation and ensure appropriate measures remain in place to protect sensitive wildlife.
Notes the objection referred to by Natural England at HSB-2-S061 has been withdrawn and the modification described is no longer necessary.
Representation No: MCA/HSB2/R/6/HSB0824
Name or representation:
Ramblers Association
Length Report and route section(s):
HSB-2-S001 to HSB-2-S062
Secretary of State’s conclusion and observation:
The Secretary State notes and welcomes the support of the Ramblers Association and encourages Natural England to continue to work with the Environment Agency to establish viewing points over the seawall.
Representation No: MCA/HSB2/R/11/HSB0844, MCA/HSB2/R/10/HSB0373, MCA/HSB2/R/14/HSB0842, MCA/HSB2/R/13/HSB0843 and MCA/HSB2/R/3/HSB0096
Name or representation:
5 private individuals
Length Report and route section(s):
HSB-2-S001 to HSB-2-S047
Secretary of State’s conclusion and observation:
The Secretary of State notes the representations and the concerns expressed regarding privacy. Notes the route will follow an existing public right of way on top of the bank and is satisfied with the measures proposed by Natural England that no coastal access rights will be created on the landward slope of the bank closest to the properties.
Representation No: MCA/HSB Stretch/R/1/HSB0834
Name or representation:
British Horse Society
Length Report and route section(s):
Whole stretch (Secretary of State’s comments pertain to length HSB2 only)
Secretary of State’s conclusion and observation:
Secretary of State notes the scope of the England Coast Path legislation extends to granting pedestrian access rights only. Is satisfied with Natural England’s approach for horse riders.
Representation No: MCA/HSB2/R/12/HSB0089
Name or representation:
2 private individuals
Length Report and route section(s):
HSB-2-S001 to HSB-2-S011
Secretary of State’s conclusion and observation:
The Secretary of State notes the representation. Notes the route is aligned along a public right of way which is maintained by the Environment Agency and is satisfied the proposed route is appropriate.
Representation No: MCA/HSB2/R/18/HSB0008
Name or representation:
Disabled Ramblers
Length Report and route section(s):
HSB-2-S001 to HSB-2-S062
Secretary of State’s conclusion and observation:
Secretary of State notes the Disabled Ramblers’ representation and encourages Natural England’s commitment to work with the access authority to increase the accessibility of the trail where possible.
Representation No: MCA/HSB2/R/9/HSB0841
Name or representation:
Private individual
Length Report and route section(s):
HSB-2-S053. HSB-2-S055 to HSB-2-S062
Secretary of State’s conclusion and observation:
Secretary of State is satisfied the proposals will not affect existing rights and that Natural England’s use of signage and fencing will mitigate the impact of unofficial paths into areas of saltmarsh.
Representation No: MCA/HSB2/R/4/HSB0836
Name or representation:
Cycling UK
Length Report and route section(s)
HSB-2-S001 to HSB-2-S062. This also relates to HSB3 (Secretary of State’s comments pertain to length HSB2 only)
Secretary of State’s conclusion and observation:
Secretary of State notes the scope of the England Coast Path legislation extends to granting pedestrian access rights only. Is satisfied with Natural England’s approach to cyclists.
Representation No: MCA/HSB2/R/5/HSB0612
Name or representation:
Private individual
Length Report and route section(s)
HSB-2-S055 to HSB-2-S059
Secretary of State’s conclusion and observation:
The Secretary of State notes Natural England’s ongoing work to establish viewing platforms to view birds in the Wash.
Representation No: MCA/HSB2/R/2/HSB0661
Name or representation:
Private individual
Length Report and route section(s)
HSB-2-S059 and HSB-2-S060
Secretary of State’s conclusion and observation:
The Secretary of State notes that Natural England does not have powers to propose such a route, but welcomes confirmation the representation has been passed to Norfolk County Council.
Representation No: MCA/HSB2/R/7/HSB0613
Name or representation:
Private individual
Length Report and route section(s)
HSB-2-S061 to HSB-2-S062
Secretary of State’s conclusion and observation:
The Secretary of State understands the associated objection has been withdrawn and that grazing in this area is no longer planned on the proposed route of the trail. In light of this, notes that the proposed modification is no longer necessary but encourages Natural England to keep the situation under review.
Representation No: MCA/HSB2/R/1/HSB0369
Name or representation:
Private individual
Length Report and route section(s)
HSB-2-S001 to HSB-2-S062. This also relates to HSB1 and HSB3 (Secretary of State’s comments pertain to length HSB2)
Secretary of State’s conclusion and observation:
The Secretary of State welcomes support for the proposed route.
Representation No: MCA/HSB Stretch/R/2/HSB0822
Name or representation:
Water Management Alliance - King’s Lynn Internal Drainage Board
Length Report and route section(s)
HSB-2-S001 to HSB-2-S062. This also relates to HSB1, HSB3 and HSB4 (Secretary of State’s comments pertain to length HSB2)
Secretary of State’s conclusion and observation:
Secretary of State encourages Natural England’s ongoing engagement with the Internal Drainage Board.
Representation No: MCA/HSB2/R/8/HSB0837
Name or representation:
Wash Frontages Group
Length Report and route section(s)
HSB-2-S001 to HSB-2-S062. This also relates to HSB3 and HSB4 (Secretary of State’s comments pertain to length HSB2)
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s confirmation the trail will not affect future flood bank maintenance. Encourages Natural England to work closely with the highways authority and landowners and occupiers to facilitate any necessary works once coastal access rights have come into effect.