Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Iwade to Grain, lengths IGR1 to IGR3, IGR5, IGR7 and IGR9 to IGR12
Updated 28 March 2024
Applies to England
© Crown copyright 2024
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Introduction
On 15 January 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Iwade and Grain (“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 IGR1 to IGR3, IGR5, IGR7 and IGR9 to IGR12. The proposals within length reports IGR4, IGR6 and IGR8 will be determined separately.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
- a. Iwade to Grain length reports IGR1 to IGR3, IGR5, IGR7 and IGR9 to IGR12 – part of Natural England’s compendium of coastal access reports submitted to the Secretary of State on 15 January 2020
- 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 21 April 2020
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 in full those proposals for the route and associated coastal margin as set out in length reports IGR2, IGR3, IGR5, IGR7 and IGR9 to IGR12, in relation 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 A to this notice.
The Secretary of State has determined to approve with modification the proposal for the route and associated coastal margin as set out in the coastal access length report IGR1, in relation to which no objections were made.
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 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 21 April 2020
- c. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 21 April 2020
Natural England has also made available here:
- d. Iwade to Grain – the compendium of coastal access reports
Annex A: conclusions and observations on representations without modifications
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/IGR Stretch/R/1/IGR2405
Name of representation: Historic England, [redacted]
Length Report and route section(s):
- Whole stretch (note that Secretary of State comments pertain to lengths IGR1 to IGR3, IGR5, IGR7 and IGR9 to IGR12 only)
Secretary of State’s conclusion and observation:
Secretary of State is satisfied Natural England has not proposed any works within Scheduled Monument sites. Encourages Natural England’s commitment to consult with Historic England before works begin near to the Coastal Artillery Scheduled Monument in Grain.
Notes Natural England will also consult with Medway Council and Swale Borough Council before establishment works begin within the Upnor Conservation Area and the Lower Halstow Conservation Area respectively.
Representation No. MCA/IGRStretch/R/2/IGR2959
Name of representation: Private individual
Length Report and route section(s):
- Whole stretch (note that Secretary of State comments pertain to lengths IGR1 to IGR3, IGR5, IGR7 and IGR9 to IGR12 only)
Secretary of State’s conclusion and observation:
Secretary of State notes the scope of the England Coast Path legislation extends to granting new pedestrian access rights only but that Natural England has passed comments to Medway and Kent Access Forums.
Representation No. MCA/IGRStretch/R/3/IGR0008
Name of representation: The Disabled Ramblers [redacted]
Length Report and route section(s):
- Whole stretch (note that Secretary of State comments pertain to lengths IGR1 to IGR3, IGR5, IGR7 and IGR9 to IGR12 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals. Notes that where possible Natural England has endeavoured to maximise the accessibility of the trail.
Representation No. MCA/IGR Stretch/R/5/IGR2394
Name of representation: The Kent County Council Public Rights of Way and Access Service, [redacted]
Length Report and route section(s):
- Length Report 1 to Length Report 6 (note that Secretary of State comments pertain to lengths IGR1 to IGR3 and IGR5 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/IGR1/R/2/IGR2397
Name of representation: Ramblers, [redacted]
Length Report and route section(s):
- Length Report 1
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/IGR2/R/1/IGR2397
Name of representation: Ramblers, [redacted]
Length Report and route section(s):
- Length Report 2
Secretary of State’s conclusion and observation:
Secretary of State notes the reasons set out by Natural England for not creating new access at Chetney Marshes.
Notes Natural England’s proposals are informed by its detailed assessment of likely additional disturbance to birds in the area.
Representation No. MCA/IGR3/R/1/IGR2397
Name of representation: Ramblers, [redacted]
Length Report and route section(s):
- Length Report 3
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/IGR3/R/2/IGR2982
Name of representation: Private individual
Length Report and route section(s):
- Length Report 3, IGR-3-S001 to IGR-3-S008
Secretary of State’s conclusion and observation:
Secretary of State notes the reasoning set out by Natural England for its proposals in this area.
Notes the new access proposed at Raspberry Hill Lane is off-road and safe to walk, and is much closer to the estuary than the existing Saxon Shore Way.
Representation No. MCA/IGR3/R/3/IGR3005
Name of representation: Private individual
Length Report and route section(s):
- Length Report 3, IGR-3-S001 to IGR-3-S008
Secretary of State’s conclusion and observation:
Secretary of State notes the reasoning set out by Natural England for its proposals in this area and is satisfied Natural England has proposed the most appropriate route.
Notes advice received by Natural England that it would not be suitable to promote an inland alternative route in this area.
Representation No. MCA/IGR5/R/1/IGR2397
Name of representation: Ramblers, [redacted]
Length Report and route section(s):
- Length Report 5
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/IGR7/R/1/IGR2397
Name of representation: Ramblers, [redacted]
Length Report and route section(s):
- Length Report 7
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/IGR9/R/1/IGR2397
Name of representation: Ramblers, [redacted]
Length Report and route section(s):
- Length Report 9
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/IGR10/R/3/IGR2397
Name of representation: Ramblers, [redacted]
Length Report and route section(s):
- Length Report 10
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/IGR10/R/1/IGR2957
Name of representation: Private individual
Length Report and route section(s):
- Length Report 10, IGR-10-S007 to IGR-10-S009
Secretary of State’s conclusion and observation:
Secretary of State notes Medway Council has acted on feedback passed on by Natural England and will ensure the path in this area is in a suitable condition before opening.
Is satisfied Natural England explored a sea wall route at the Kingsnorth and London Commercial Park but that public access is prohibited by historic planning conditions.
Notes Natural England’s clarification that its proposals utilise the existing Stoke Creek level crossing.
Representation No. MCA/IGR10/R/2/IGR2414
Name of representation: Hoo St Werburgh Parish Council, [redacted]
Length Report and route section(s):
- Length Report 10, IGR-10-S007 to IGR-10-S009
Secretary of State’s conclusion and observation:
Secretary of State notes Medway Council has acted on feedback passed on by Natural England and will ensure the path in this area is in a suitable condition before opening.
Is satisfied Natural England explored a sea wall route at the Kingsnorth and London Commercial Park but that public access is prohibited by historic planning conditions.
Notes Natural England’s clarification that its proposals utilise the existing Stoke Creek level crossing.
Representation No. MCA/IGR10/R/4/IGR2764
Name of representation: Rochester Diocesan Society and Board of Finance, [redacted]
Length Report and route section(s):
- Length Report 10, IGR-10-S013 to IGR-10-S019
Secretary of State’s conclusion and observation:
Secretary of State notes advice Natural England has received from Medway Council that the proposed road route in this area is safe for walkers.
Notes Natural England did not pursue the option to cross the railway line southeast of Tudor Farm due to safety concerns raised by Network Rail.
Representation No. MCA/IGR11/R/1/IGR2397
Name of representation: Ramblers, [redacted]
Length Report and route section(s):
- Length Report 11
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/IGR12/R/1/IGR2397
Name of representation: Ramblers, [redacted]
Length Report and route section(s):
- Length Report 12
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Annex B: conclusions and observations on representations with modifications
Representation No. MCA/IGR1/R/1/IGR2874
Name of representation: Kingsferry Boat Club, [redacted]
Length Report and route section(s):
- Length Report 1, IGR-1-S014 to IGR-1-S015
Secretary of State’s conclusion and observation:
Secretary of State notes the revised proposals agreed between Natural England and Kingsferry Boat Club with the support of Kent County Council.
In view of this, Secretary of State approves the proposals subject to the modification in relation to route sections IGR-1-S014 to IGR-1-S015. The modification is for these route sections to instead follow public footpath ZR88 along the seawall.
Notes that if public footpath ZR88 is successfully moved in future, Kingsferry Boat Club should contact Natural England to discuss the possibility of varying the England Coast Path to this new alignment.