Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Jaywick to Harwich

Published 7 July 2021

Applies to England

Introduction

On 16 August 2017 Natural England submitted a coastal access report relating to the stretch of land between Jaywick and Harwich 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. Jaywick to Harwich – Natural England’s coastal access report submitted to the Secretary of State on 16 August 2017;

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 21 December 2017.

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 with modification those proposals for the route and associated coastal margin 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 approves the proposal set out in the coastal access report, with one modification, so far as they relate to those parts of the route (and associated coastal margin) to which the objections relate.

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. The revised Habitat Regulations Assessment;

d. 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 December 2017; and

e. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 21 December 2017.

Natural England has also made available here:

f. Jaywick to Harwich – the coastal access report.

Annex A: objections which did not fail to strike a ‘fair balance’

Objection Reference: MCA/JWH/1

The land in the report to which the objections relates lies within section JWH-5-S005 (as shown on Map 5a). 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 section JWH-5-S005 with the modification to the route set out in the appointed person’s report and supported by Natural England.

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\Jaywick to Harwich\R\7\JWH0021

Name of representation: Royal Society for the Protection of Birds (RSPB)

Report chapter and route section(s): Whole Report

Secretary of State’s conclusion and observation: Secretary of State notes the representation and is satisfied with Natural England’s clarification and reasoning in response.

Agrees with Natural England that where there is already an access exclusion due to safety, there is little case for layering this with an exclusion for nature conservation as both have the same effect. Notes Natural England’s commitment to reviewing this should the S25A exclusions change in the future.

Notes that monitoring of sensitive sites already occurs through established programmes and these will continue on the establishment of the path.

Representation No. MCA\Jaywick to Harwich\R\1\JWH0347

Name of representation: Private Individual

Report chapter and route section(s): JWH-5-S014 - JWH-5-S019

Secretary of State’s conclusion and observation: Secretary of State agrees with Natural England that the modified route proposed in the representation is not suitable for the path and is satisfied that Natural England’s proposals represent the most appropriate option here.

Representation No. MCA\Jaywick to Harwich\R\1\JWH0349

Name of representation: Private Individual

Report chapter and route section(s): JWH-5-S011

Secretary of State’s conclusion and observation: Secretary of State notes the representation and Natural England’s comment and is satisfied that Natural England have selected the most appropriate alignment for the route in this location.

Representation No. MCA\Jaywick to Harwich\R\1\JWH0123

Name of representation: Private Individual

Report chapter and route section(s): JWH-5-001 - JWH-5-S019

Secretary of State’s conclusion and observation: Secretary of State notes that Natural England have worked closely with the representor to achieve the route around their property that minimises the impact on privacy and as such, agrees that the most appropriate route has been taken.

Is content that the roadside safety assessment carried out by Essex County council ensures there is no roadside safety issues in this section.

Is confident that the Habitat Regulation Assessment performed by Natural England has successfully identified and mitigated all significant impacts on nature across the stretch.

Is satisfied that Natural England have selected the most appropriate alignment for the route in this location.

Representation No. MCA\Jaywick to Harwich\R\6\JWH0360

Name of representation: Beaumont Parish Council

Report chapter and route section(s): JWH-5-0001 - JWH-5-S019

Secretary of State’s conclusion and observation: Secretary of State is content that Natural England has reached agreement with arable farmers for how the path will path through their land. Also notes that in all areas in which the path passes through fields with livestock, the route follows existing rights of way. As a result, no new impact on the livestock is expected.

Notes that Natural England have worked closely with landowners and occupiers to achieve the route around their property that minimises the impact on privacy and as such, agrees that the most appropriate route has been taken.

Is content that the roadside safety assessment carried out by Essex County council ensures there is no roadside safety issues in this section.

Is confident that the Habitat Regulation Assessment performed by Natural England has successfully identified and mitigated all significant impacts on nature across the stretch.

Is satisfied that Natural England have selected the most appropriate alignment for the route in this location.