Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Mablethorpe to Humber Bridge length MHB2
Updated 20 October 2022
Applies to England
© Crown copyright 2022
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/coastal-access-section-52-notice-for-mablethorpe-to-humber-bridge/notice-by-the-secretary-of-state-under-section-52-of-the-national-parks-and-access-to-the-countryside-act-1949-mablethorpe-to-humber-bridge-length
Introduction
On 12 May 2021 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Mablethorpe and Humber 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 only relates to length MHB2.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Mablethorpe to Humber Bridge length MHB2 – part of Natural England’s coastal access report compendium for Mablethorpe to Humber Bridge submitted to the Secretary of State on 12 May 2021
b. in accordance with paragraph 16(1)(a) of the Schedule, the objections which the appointed person determined to be an admissible objection
c. in accordance with paragraph 16(1)(b) of the Schedule, Natural England’s comments on the admissible objection 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 an admissible objection
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 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 with modification the proposal for the route and associated coastal margin as set out in length report MHB2.
In the respects specified in the objection 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 report, so far as they relate to those parts of the route (and associated coastal margin) to which those objections relate.
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.
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 22 October 2021
D. 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:
E. Mablethorpe to Humber Bridge: the compendium of coastal access reports
Annex A: Objections which did not fail to strike a “fair balance”
Objection Reference: MCA/MHB2/0/1
The land in the Report to which the objection relates is route section MHB-2-A005 (Map 2e). 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 MHB-2-A005. Approval is subject to modification of the route as set out in paragraph 18 of the report given to the Secretary of State by the appointed person into objection MCA/MHB2/0/1. The report is published alongside this notice.
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/MHB2/R/1/MHB1551
Name of representation:
Ramblers - Lincolnshire
Length Report and Route Section(s):
MHB Report 2 all sections
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation which is supportive of Natural England’s proposals.
Representation No. MCA/MHB2/R/2/MHB1473
Name of representation:
North Somercotes Parish Council
Length Report and Route Section(s):
MHB2, MHB-2-S021 to MHB-2-S024
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s clarification and is content that the access exclusion will exert no limitations or restrictions to public use of PROW NS18.
Notes and thanks the Parish Council for bringing the mapping discrepancy to Natural England’s attention and is content that the discrepancy does not affect the trail alignment.
Representation No. MCA/MHB2/R/2/MHB1473
Name of representation:
North Somercotes Parish Council
Length Report and Route Section(s):
MHB2, MHB-2-S012 to MHB-2-S019
Secretary of State’s conclusion and observation:
Secretary of State welcomes the support for trail by the Parish Council and is grateful for the information provided.
Annex C: Conclusions and observations on representations with modifications
Representation No. MCA/MHB2/R/1/MHB1551
Name of representation:
Environment Agency
Length Report and Route Section(s):
MHB2, MHB-2-S037-MHB-2-S040 and MHB-2-A006 &007
Secretary of State’s conclusion and observation:
Secretary of State is content that complex rollback be added to the route in this area as discussed in the relevant representation. This includes the revised table included in the Natural England comments.