Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Kingswear to Lyme Regis

Published 18 March 2021

Applies to England

Introduction

On 30 March 2017 Natural England submitted a coastal access report relating to the stretch of land between Kingswear and Lyme Regis 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. Kingswear to Lyme Regis – Natural England’s coastal access report submitted to the Secretary of State on 30 March 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 23 June 2017.

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 with modification those proposals for the route and associated coastal margin as set out in the coastal access report.

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 B 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 C 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 Kingswear to Lyme Regis 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. The revised Habitats Regulations Assessment
• d. Representations submitted against the original report 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 23 June 2017;
• e. Summary of other representations submitted against the original report, and Natural England’s comments on those representations, which it sent to the Secretary of State on 23 June 2017;

Natural England has also made available here:

• f. Kingswear to Lyme Regis: the coastal access report.

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

Objection Reference: MCA\Kingswear to Lyme Regis\O\4\KLR1679

The land in the Report to which the objection relates is route section KLR-1-S005 (as shown on Map 1a). 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 KLR-1-S005.

Objection Reference: MCA\Kingswear to Lyme Regis\O\5\KLR1679

The land in the Report to which the objection relates is route sections KLR-1-S005 and KLR-1-S006 (as shown on Map 1a). 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 KLR-1-S005 and KLR-1-S006.

Objection Reference: MCA\Kingswear to Lyme Regis\O\6\KLR1679

The land in the Report to which the objection relates is route section KLR-1-S007 (as shown on Map 1a). 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 KLR-1-S007.

Objection Reference: MCA\Kingswear to Lyme Regis\O\7\KLR0863

The land in the Report to which the objection relates is route section KLR-1-S005 (as shown on Map 1a). 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 KLR-1-S005.

Objection Reference: MCA\Kingswear to Lyme Regis\O\8\KLR0863

The land in the Report to which the objection relates is route sections KLR-1-S005 and KLR-1-S006 (as shown on Map 1a). 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 KLR-1-S005 and KLR-1-S006.

Objection Reference: MCA\Kingswear to Lyme Regis\O\9\KLR0863

The land in the Report to which the objection relates is route section KLR-1-S007 (as shown on Map 2b). 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 KLR-1-S007.

Objection Reference: MCA\Kingswear to Lyme Regis\O\1\KLR1678

The land in the Report to which the objection relates is route section KLR-1-S011 (as shown on Map 1a). 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 KLR-1-S011.

Objection Reference: MCA\Kingswear to Lyme Regis\O\2\KLR1001

The land in the Report to which the objection relates is route section KLR-1-S011 (as shown on Map 1a). 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 KLR-1-S011.

Objection Reference: MCA\Kingswear to Lyme Regis\O\3\KLR2371

The land in the Report to which the objection relates is route section KLR-1-S011 (as shown on Map 1a). 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 KLR-1-S011.

Objection Reference: MCA\Kingswear to Lyme Regis\O\10\KLR1890

The land in the Report to which the objection relates is route section KLR-5-S017 (as shown on Map 5d). 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 KLR-5-S017.

Annex B: 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\Kingswear to Lyme Regis\R\202\KLR1978

Name of representation:

Devon Countryside Access Forum

Report chapter and route section(s):

All chapters

Secretary of State’s conclusion and observation:

Secretary of State notes the representation and Natural England’s comments. Welcomes clarification that permissive paths outside of the coastal margin will be unaffected.

Representation No. MCA\Kingswear to Lyme Regis\R\224\KLR0004

Name of representation:

Country Land and Business Association

Report chapter and route section(s):

Chapter 1, KLR-1-S001 to KLR-1-S022

Secretary of State’s conclusion and observation:

Secretary of State is satisfied proposals are appropriate and that Natural England performed a full consultation in line with the approach set out in the Approved Scheme. Considers Natural England fully assessed the use of estuarial discretion and notes commitment to include a detailed rationale in future reports. Notes Natural England’s comments regarding access exclusions and impact on wildlife.

Representation No. MCA\Kingswear to Lyme Regis\R\195\KLR2373

Name of representation:

Devon County Council

Report chapter and route section(s):

Chapter 1, KLR-1-S011 and KLR-1-S012

Secretary of State’s conclusion and observation:

Secretary of State notes the representation and Natural England’s comments.

Representation No. MCA\Kingswear to Lyme Regis\R\196\KLR2373

Name of representation:

Devon County Council

Report chapter and route section(s):

Chapter 1, KLR-1-S052 and KLR-1-S053

Secretary of State’s conclusion and observation:

Secretary of State understands the parties have since resolved the issue in a manner appropriate for this location.

Representation No.

MCA\Kingswear to Lyme Regis\R\2\KLR2028
MCA\Kingswear to Lyme Regis\R\3\KLR1344
MCA\Kingswear to Lyme Regis\R\4\KLR0757
MCA\Kingswear to Lyme Regis\R\5\KLR2187
MCA\Kingswear to Lyme Regis\R\6\KLR1581
MCA\Kingswear to Lyme Regis\R\7\KLR1580
MCA\Kingswear to Lyme Regis\R\8\KLR2188
MCA\Kingswear to Lyme Regis\R\9\KLR2189
MCA\Kingswear to Lyme Regis\R\10\KLR2190
MCA\Kingswear to Lyme Regis\R\11\KLR2192
MCA\Kingswear to Lyme Regis\R\12\KLR2193
MCA\Kingswear to Lyme Regis\R\13\KLR2185
MCA\Kingswear to Lyme Regis\R\14\KLR2194
MCA\Kingswear to Lyme Regis\R\15\KLR2195
MCA\Kingswear to Lyme Regis\R\16\KLR2196
MCA\Kingswear to Lyme Regis\R\17\KLR2197
MCA\Kingswear to Lyme Regis\R\18\KLR2198
MCA\Kingswear to Lyme Regis\R\19\KLR2199
MCA\Kingswear to Lyme Regis\R\20\KLR2200
MCA\Kingswear to Lyme Regis\R\21\KLR2201
MCA\Kingswear to Lyme Regis\R\23\KLR2202
MCA\Kingswear to Lyme Regis\R\24\KLR2203
MCA\Kingswear to Lyme Regis\R\25\KLR2204
MCA\Kingswear to Lyme Regis\R\26\KLR2205
MCA\Kingswear to Lyme Regis\R\27\KLR2206
MCA\Kingswear to Lyme Regis\R\28\KLR2207
MCA\Kingswear to Lyme Regis\R\29\KLR2208
MCA\Kingswear to Lyme Regis\R\30\KLR2209
MCA\Kingswear to Lyme Regis\R\31\KLR2210
MCA\Kingswear to Lyme Regis\R\32\KLR2211
MCA\Kingswear to Lyme Regis\R\33\KLR2212
MCA\Kingswear to Lyme Regis\R\34\KLR2213
MCA\Kingswear to Lyme Regis\R\35\KLR2214
MCA\Kingswear to Lyme Regis\R\36\KLR2215
MCA\Kingswear to Lyme Regis\R\37\KLR1721
MCA\Kingswear to Lyme Regis\R\38\KLR2217
MCA\Kingswear to Lyme Regis\R\39\KLR2219
MCA\Kingswear to Lyme Regis\R\40\KLR2221
MCA\Kingswear to Lyme Regis\R\41\KLR2222
MCA\Kingswear to Lyme Regis\R\42\KLR2223
MCA\Kingswear to Lyme Regis\R\43\KLR2224
MCA\Kingswear to Lyme Regis\R\44\KLR2225
MCA\Kingswear to Lyme Regis\R\45\KLR2226
MCA\Kingswear to Lyme Regis\R\46\KLR2227
MCA\Kingswear to Lyme Regis\R\47\KLR1014
MCA\Kingswear to Lyme Regis\R\48\KLR2229
MCA\Kingswear to Lyme Regis\R\49\KLR2230
MCA\Kingswear to Lyme Regis\R\50\KLR2232
MCA\Kingswear to Lyme Regis\R\51\KLR2233
MCA\Kingswear to Lyme Regis\R\52\KLR2234
MCA\Kingswear to Lyme Regis\R\53\KLR2235
MCA\Kingswear to Lyme Regis\R\54\KLR2236
MCA\Kingswear to Lyme Regis\R\55\KLR2237
MCA\Kingswear to Lyme Regis\R\56\KLR2238
MCA\Kingswear to Lyme Regis\R\57\KLR1015
MCA\Kingswear to Lyme Regis\R\58\KLR2240
MCA\Kingswear to Lyme Regis\R\59\KLR2241
MCA\Kingswear to Lyme Regis\R\60\KLR2242
MCA\Kingswear to Lyme Regis\R\61\KLR2243
MCA\Kingswear to Lyme Regis\R\62\KLR2245
MCA\Kingswear to Lyme Regis\R\63\KLR2246
MCA\Kingswear to Lyme Regis\R\64\KLR2247
MCA\Kingswear to Lyme Regis\R\65\KLR2248
MCA\Kingswear to Lyme Regis\R\66\KLR2249
MCA\Kingswear to Lyme Regis\R\67\KLR2250
MCA\Kingswear to Lyme Regis\R\68\KLR2251
MCA\Kingswear to Lyme Regis\R\69\KLR2252
MCA\Kingswear to Lyme Regis\R\70\KLR2253
MCA\Kingswear to Lyme Regis\R\71\KLR2254
MCA\Kingswear to Lyme Regis\R\72\KLR2256
MCA\Kingswear to Lyme Regis\R\73\KLR2257
MCA\Kingswear to Lyme Regis\R\74\KLR2258
MCA\Kingswear to Lyme Regis\R\75\KLR2259
MCA\Kingswear to Lyme Regis\R\76\KLR2260
MCA\Kingswear to Lyme Regis\R\77\KLR2261
MCA\Kingswear to Lyme Regis\R\78\KLR2262
MCA\Kingswear to Lyme Regis\R\79\KLR2263
MCA\Kingswear to Lyme Regis\R\80\KLR2264
MCA\Kingswear to Lyme Regis\R\81\KLR2186
MCA\Kingswear to Lyme Regis\R\82\KLR2265
MCA\Kingswear to Lyme Regis\R\83\KLR2266
MCA\Kingswear to Lyme Regis\R\84\KLR2267
MCA\Kingswear to Lyme Regis\R\85\KLR2268
MCA\Kingswear to Lyme Regis\R\86\KLR2269
MCA\Kingswear to Lyme Regis\R\87\KLR2270
MCA\Kingswear to Lyme Regis\R\88\KLR2271
MCA\Kingswear to Lyme Regis\R\89\KLR2272
MCA\Kingswear to Lyme Regis\R\90\KLR2273
MCA\Kingswear to Lyme Regis\R\91\KLR2274
MCA\Kingswear to Lyme Regis\R\92\KLR2276
MCA\Kingswear to Lyme Regis\R\93\KLR2277
MCA\Kingswear to Lyme Regis\R\94\KLR2278
MCA\Kingswear to Lyme Regis\R\95\KLR2279
MCA\Kingswear to Lyme Regis\R\96\KLR2280
MCA\Kingswear to Lyme Regis\R\97\KLR2281
MCA\Kingswear to Lyme Regis\R\98\KLR2282
MCA\Kingswear to Lyme Regis\R\99\KLR2283
MCA\Kingswear to Lyme Regis\R\100\KLR2284
MCA\Kingswear to Lyme Regis\R\101\KLR2285
MCA\Kingswear to Lyme Regis\R\102\KLR2286
MCA\Kingswear to Lyme Regis\R\103\KLR2287
MCA\Kingswear to Lyme Regis\R\104\KLR2288
MCA\Kingswear to Lyme Regis\R\105\KLR2289
MCA\Kingswear to Lyme Regis\R\106\KLR2290
MCA\Kingswear to Lyme Regis\R\107\KLR2291
MCA\Kingswear to Lyme Regis\R\108\KLR2292
MCA\Kingswear to Lyme Regis\R\109\KLR2255
MCA\Kingswear to Lyme Regis\R\110\KLR2293
MCA\Kingswear to Lyme Regis\R\111\KLR2294
MCA\Kingswear to Lyme Regis\R\112\KLR2295
MCA\Kingswear to Lyme Regis\R\113\KLR2296
MCA\Kingswear to Lyme Regis\R\114\KLR2297
MCA\Kingswear to Lyme Regis\R\115\KLR2298
MCA\Kingswear to Lyme Regis\R\116\KLR2299
MCA\Kingswear to Lyme Regis\R\117\KLR2300
MCA\Kingswear to Lyme Regis\R\118\KLR2301
MCA\Kingswear to Lyme Regis\R\119\KLR2302
MCA\Kingswear to Lyme Regis\R\120\KLR2303
MCA\Kingswear to Lyme Regis\R\121\KLR2304
MCA\Kingswear to Lyme Regis\R\122\KLR2305
MCA\Kingswear to Lyme Regis\R\123\KLR2306
MCA\Kingswear to Lyme Regis\R\124\KLR2307
MCA\Kingswear to Lyme Regis\R\125\KLR2308
MCA\Kingswear to Lyme Regis\R\126\KLR2309
MCA\Kingswear to Lyme Regis\R\127\KLR0759
MCA\Kingswear to Lyme Regis\R\128\KLR1534
MCA\Kingswear to Lyme Regis\R\129\KLR2310
MCA\Kingswear to Lyme Regis\R\130\KLR2311
MCA\Kingswear to Lyme Regis\R\131\KLR2312
MCA\Kingswear to Lyme Regis\R\132\KLR2314
MCA\Kingswear to Lyme Regis\R\133\KLR2315
MCA\Kingswear to Lyme Regis\R\134\KLR0231
MCA\Kingswear to Lyme Regis\R\135\KLR2316
MCA\Kingswear to Lyme Regis\R\136\KLR2317
MCA\Kingswear to Lyme Regis\R\137\KLR2318
MCA\Kingswear to Lyme Regis\R\138\KLR2319
MCA\Kingswear to Lyme Regis\R\139\KLR2320
MCA\Kingswear to Lyme Regis\R\140\KLR2321
MCA\Kingswear to Lyme Regis\R\141\KLR2322
MCA\Kingswear to Lyme Regis\R\142\KLR2323
MCA\Kingswear to Lyme Regis\R\143\KLR2324
MCA\Kingswear to Lyme Regis\R\144\KLR2325
MCA\Kingswear to Lyme Regis\R\145\KLR2326
MCA\Kingswear to Lyme Regis\R\147\KLR2328
MCA\Kingswear to Lyme Regis\R\148\KLR2329
MCA\Kingswear to Lyme Regis\R\149\KLR2331
MCA\Kingswear to Lyme Regis\R\151\KLR0772
MCA\Kingswear to Lyme Regis\R\152\KLR2332
MCA\Kingswear to Lyme Regis\R\153\KLR2333
MCA\Kingswear to Lyme Regis\R\154\KLR2334
MCA\Kingswear to Lyme Regis\R\155\KLR2335
MCA\Kingswear to Lyme Regis\R\156\KLR2336
MCA\Kingswear to Lyme Regis\R\157\KLR2337
MCA\Kingswear to Lyme Regis\R\158\KLR2338
MCA\Kingswear to Lyme Regis\R\159\KLR2339
MCA\Kingswear to Lyme Regis\R\160\KLR2340
MCA\Kingswear to Lyme Regis\R\161\KLR2341
MCA\Kingswear to Lyme Regis\R\162\KLR2342
MCA\Kingswear to Lyme Regis\R\163\KLR2343
MCA\Kingswear to Lyme Regis\R\164\KLR2344
MCA\Kingswear to Lyme Regis\R\165\KLR2345
MCA\Kingswear to Lyme Regis\R\166\KLR2347
MCA\Kingswear to Lyme Regis\R\167\KLR2348
MCA\Kingswear to Lyme Regis\R\168\KLR2349
MCA\Kingswear to Lyme Regis\R\169\KLR2350
MCA\Kingswear to Lyme Regis\R\170\KLR2351
MCA\Kingswear to Lyme Regis\R\171\KLR2352
MCA\Kingswear to Lyme Regis\R\172\KLR2353
MCA\Kingswear to Lyme Regis\R\173\KLR2354
MCA\Kingswear to Lyme Regis\R\174\KLR2355
MCA\Kingswear to Lyme Regis\R\175\KLR2356
MCA\Kingswear to Lyme Regis\R\176\KLR2357
MCA\Kingswear to Lyme Regis\R\177\KLR2358
MCA\Kingswear to Lyme Regis\R\178\KLR2359
MCA\Kingswear to Lyme Regis\R\179\KLR2360
MCA\Kingswear to Lyme Regis\R\180\KLR2361
MCA\Kingswear to Lyme Regis\R\181\KLR2362
MCA\Kingswear to Lyme Regis\R\182\KLR2363
MCA\Kingswear to Lyme Regis\R\183\KLR2364
MCA\Kingswear to Lyme Regis\R\184\KLR2365
MCA\Kingswear to Lyme Regis\R\185\KLR2366
MCA\Kingswear to Lyme Regis\R\186\KLR2367
MCA\Kingswear to Lyme Regis\R\187\KLR2368
MCA\Kingswear to Lyme Regis\R\188\KLR2369
MCA\Kingswear to Lyme Regis\R\194\KLR2372
MCA\Kingswear to Lyme Regis\R\198\KLR2375
MCA\Kingswear to Lyme Regis\R\199\KLR2376
MCA\Kingswear to Lyme Regis\R\203\KLR2377
MCA\Kingswear to Lyme Regis\R\204\KLR2378
MCA\Kingswear to Lyme Regis\R\205\KLR2379
MCA\Kingswear to Lyme Regis\R\206\KLR2380
MCA\Kingswear to Lyme Regis\R\207\KLR2381
MCA\Kingswear to Lyme Regis\R\208\KLR2382
MCA\Kingswear to Lyme Regis\R\209\KLR2383
MCA\Kingswear to Lyme Regis\R\210\KLR2384
MCA\Kingswear to Lyme Regis\R\211\KLR2385
MCA\Kingswear to Lyme Regis\R\213\KLR2387
MCA\Kingswear to Lyme Regis\R\214\KLR2388
MCA\Kingswear to Lyme Regis\R\215\KLR2389
MCA\Kingswear to Lyme Regis\R\216\KLR2390
MCA\Kingswear to Lyme Regis\R\227\KLR2392

Name of representation:

Private individuals x 199

Report chapter and route section(s):

Chapter 1, KLR-1-S005

Secretary of State’s conclusion and observation:

Secretary of State notes the representations and the strong local support for access to Lighthouse Beach. Notes Natural England’s comments in response, and the role of the access authority after these proposals come into force.

Representation No. MCA\Kingswear to Lyme Regis\R\133\KLR2315

Name of representation:

Private individual

Report chapter and route section(s):

Chapter 1, KLR-1-S005

Secretary of State’s conclusion and observation:

Secretary of State notes Beacon Road is currently closed. Notes Natural England will consider moving the trail onto Beacon Road if works to stabilise the cliff below are completed in future.

Representation No. MCA\Kingswear to Lyme Regis\R\191\KLR2371; MCA\Kingswear to Lyme Regis\R\192\KLR1678 and MCA\Kingswear to Lyme Regis\R\193\KLR1001

Name of representation:

Private individuals

Report chapter and route section(s):

Chapter 1, KLR-1-S011

Secretary of State’s conclusion and observation:

Secretary of State notes the representations and Natural England’s comments.

Representation No. MCA\Kingswear to Lyme Regis\R\197\KLR2374

Name of representation:

Dart Harbour Stakeholder Group

Report chapter and route section(s):

Whole stretch and specifically KLR-9-S005

Secretary of State’s conclusion and observation:

Secretary of State welcomes support for Natural England’s proposals, and recognition of the benefits the Coast Path will bring.

Representation No. MCA\Kingswear to Lyme Regis\R\221\KLR0863 and MCA\Kingswear to Lyme Regis\R\218\KLR1679

Name of representation:

Private individuals

Report chapter and route section(s):

Chapter 1, KLR-1-S005

Secretary of State’s conclusion and observation:

Secretary of State notes the representation and Natural England’s comments. Is satisfied the proposals are appropriate.

Representation No. MCA\Kingswear to Lyme Regis\R\222\KLR0863 and MCA\Kingswear to Lyme Regis\R\219\KLR1679

Name of representation:

Private individuals

Report chapter and route section(s):

Chapter 1, KLR-1-S005

Secretary of State’s conclusion and observation:

Secretary of State notes the representation and Natural England’s comments. Is satisfied the proposals are appropriate.

Representation No. MCA\Kingswear to Lyme Regis\R\223\KLR0863 and MCA\Kingswear to Lyme Regis\R\220\KLR1679

Name of representation:

Private individuals

Report chapter and route section(s):

Chapter 1, KLR-1-S007

Secretary of State’s conclusion and observation:

Secretary of State notes the representation and Natural England’s comments. Is satisfied the proposals are appropriate.

Representation No. MCA\Kingswear to Lyme Regis\R\226\KLR0863 and MCA\Kingswear to Lyme Regis\R\225\KLR1679

Name of representation:

Private individuals

Report chapter and route section(s):

Chapter 1, KLR-1-S005

Secretary of State’s conclusion and observation:

Secretary of State notes the representation and Natural England’s comments.

Representation No. MCA\Kingswear to Lyme Regis\R\190\KLR2370

Name of representation:

South West Coast Path Association

Report chapter and route section(s):

Chapter 2, KLR-2-S032 to KLR-2-S034

Secretary of State’s conclusion and observation:

Secretary of State welcomes Natural England’s commitment to work with Torbay Council with a view to making the steps at Fishcombe Cove accessible during high tides.

Representation No. MCA\Kingswear to Lyme Regis\R\150\KLR0113

Name of representation:

Network Rail

Report chapter and route section(s):

Chapters 4 and 5, KLR-4-S022 and KLR-5-S008 to KLR-5-S014, and KLR-5-S020, KLR-5-S029, KLR-5-A013 and KLR-5-A064

Secretary of State’s conclusion and observation:

Secretary of State understands the required engineering works have since been completed but welcomes clarification that the trail can be temporarily re-routed when necessary. Notes Natural England will pass on concerns regarding rail crossings to Devon County Council.

Representation No. MCA\Kingswear to Lyme Regis\R\200\KLR1978

Name of representation:

Devon Countryside Access Forum

Report chapter and route section(s):

Chapter 5, KLR-5-S016 to KLR-5-S021 and KLR-5-A057 to KLR-5-A067

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England’s commitment to provide clear and consistent messaging to walkers on the ground. Encourages that any new signage should be appropriately designed.

Representation No. MCA\Kingswear to Lyme Regis\R\201\KLR1978

Name of representation:

Devon Countryside Access Forum

Report chapter and route section(s):

Chapter 5, KLR-5-S031

Secretary of State’s conclusion and observation:

Secretary of State is satisfied that Natural England explored the possibility of improving accessibility at the bridge over the railway but notes any improvements would not be feasible within the scope of the England Coast Path establishment works.

Representation No. MCA\Kingswear to Lyme Regis\R\217/KLR2391

Name of representation:

National Grid

Report chapter and route section(s):

Chapter 5, KLR-5-A015 and KLR-5-A047

Secretary of State’s conclusion and observation:

Secretary of State notes clarification that the trail can be temporarily re-routed to allow necessary maintenance and other works on energy infrastructure to take place.

Representation No. MCA\Kingswear to Lyme Regis\R\212\KLR2386

Name of representation:

Private individual

Report chapter and route section(s):

Chapter 5, KLR-5-S016 and KLR-5-S017

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England’s reasoning for the proposed exclusion within the Exe Estuary. Welcomes clarification on the status of the coastal margin in this area.

Representation No. MCA\Kingswear to Lyme Regis\R\22\KLR1542

Name of representation:

Private individual

Report chapter and route section(s):

Chapter 8, KLR-8-S072

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England’s clarification of owner liability within the coastal margin.

Representation No. MCA\Kingswear to Lyme Regis\R\189\KLR2370

Name of representation:

South West Coast Path Association

Report chapter and route section(s):

Chapter 9, KLR-9-S001 to KLR-9-S014

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England’s comments and is satisfied Natural England has chosen the most appropriate route in this area.

Representation No. MCA\Kingswear to Lyme Regis\R\199\KLR2376

Name of representation:

Private individual

Report chapter and route section(s):

Chapter 9, KLR-9-S001 to KLR-9-S086

Secretary of State’s conclusion and observation:

Secretary of State notes Natural England’s comments and is satisfied Natural England has chosen the most appropriate route in this area.

Annex C: Conclusions and observations on modifications

Alma Bridge, Sidmouth

Secretary of State notes that since publication of proposals the Alma Bridge at Sidmouth has been dismantled and replaced by a new bridge less than 50m upriver. Natural England’s report proposed to cross the River Sid using the Alma Bridge but also identified that it was due to be replaced and dismantled, and that the England Coast Path would then roll back to use the new bridge.

In view of this, Secretary of State approves the proposals subject to modification at route sections KLR-7-S045, KLR-8-S001 and KLR-8-S002. The modification is for the trail to instead use the new bridge across the River Sid which has already been adopted as the route of the South West Coast Path.

Dawlish Warren, Exe Estuary

Secretary of State notes that since publication of proposals there has been a small change to the boundary of the existing voluntary exclusion zone within the Exe Estuary. Natural England’s published proposals included a year-round access exclusion to cover this same area, and Natural England intends to modify the extent of its proposed access exclusion to replicate the change on the ground.

In view of this, Secretary of State approves the proposals subject to modification to the coastal margin seaward of route sections KLR-5-S015 to KLR-5-S021. The modification is to reduce the area of the proposed access exclusion by 5.3ha which will replicate a change to the boundary of the existing voluntary exclusion zone.