Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Marsland Mouth to Newquay, lengths MNQ1, MNQ3 to MNQ5 and MNQ7 to MNQ11
Updated 7 July 2021
Applies to England
© Crown copyright 2021
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Introduction
On 9 October 2019 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Marsland Mouth and Newquay 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 reports MNQ1, MNQ3 to MNQ5 and MNQ7 to MNQ11. The proposals within length reports MNQ2 and MNQ6 will be determined separately.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Marsland Mouth and Newquay length reports MNQ1, MNQ3 to MNQ5 and MNQ7 to MNQ11 – part of Natural England’s coastal access report compendium for Marsland Mouth to Newquay submitted to the Secretary of State on 9 October 2019
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 between 5 February 2020 and 13 March 2020
In this notice –
(a) “objection” means an objection about a coastal access report which is made under paragraph 3 of Schedule 20 of the Marine and Coastal Access Act 2009
(b) “representation” means a representation about a 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 in full those proposals for the route and associated coastal margin as set out in length reports MNQ5 and MNQ7 to MNQ11, 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 proposals for the route and associated coastal margin as set out in the coastal access length reports MNQ1, MNQ3 and MNQ4, 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 between 5 February and 13 March 2020
c. summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State between 5 February and 13 March 2020
Natural England has also made available here:
Marsland Mouth to Newquay - 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/stretch/R/2/MNQ1033
Name of representation:
Environment Agency
Length Report and route section(s):
Whole stretch (note Secretary of State comments pertain to lengths MNQ1, MNQ3 to MNQ5 and MNQ7 to MNQ11 only)
Secretary of State’s conclusion and observation:
Secretary of State notes there are no proposed works within 16m of a main river or flood defences within these proposals and that roll back will enable the trail to move inland in response to future erosion.
Representation No. MCA/MNQ1/R/4/MNQ0975
Name of representation:
Ramblers Association, Cornwall
Length Report and route section(s):
Length Report 1, MNQ-1-S020 to MNQ-1-S023
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/MNQ1/R/1/MNQ1005
Name of representation:
Morwenstow Parish Council
Length Report and route section(s):
Length Report 1, MNQ-1-S001 to MNQ-1-S049
Secretary of State’s conclusion and observation:
Secretary of State notes that Natural England has acknowledged the recent South West Coast Path realignments were not depicted on its proposals maps. Notes that modifications to address these are set out in Annex B.
Is satisfied Natural England has proposed the most suitable route with respect to coastal erosion and drainage concerns and notes that the access authority will continue to monitor these issues. Notes Natural England’s reasoning for not including additional landward coastal margin between Greenway Beach and Stanbury Mouth.
Representation No. MCA/MNQ3/R/1/MNQ0973
Name of representation:
Cornwall Countryside Access Forum
Length Report and route section(s):
Length Report 3, MNQ-3-S002 to MNQ-3-S004
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/MNQ3/R/2/MNQ0973
Name of representation:
Cornwall Countryside Access Forum
Length Report and route section(s):
Length Report 3, MNQ-3-S009
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/MNQ3/R/3/MNQ0973
Name of representation:
Cornwall Countryside Access Forum
Length Report and route section(s):
Length Report 3, MNQ-3-S011
Secretary of State’s conclusion and observation:
Secretary of State considers Natural England has proposed the most suitable route in this area and notes that proposals follow the South West Coast Path. Notes that the access authority is confident the route is low risk because traffic is slow moving, there are clear lines of sight and there is a verge on the seaward side for most of the section.
Representation No. MCA/MNQ3/R/7/MNQ0975
Name of representation:
Ramblers Association, Cornwall
Length Report and route section(s):
Length Report 3, MNQ-3-S001 to MNQ-3-S004
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals at MNQ-3-S002 to MNQ-3-S004. Notes Natural England’s reasoning for its proposals at MNQ-3-S001 and considers that the most suitable route has been proposed.
Representation No. MCA/stretch/R/1/MNQ0975
Name of representation:
Ramblers Association, Cornwall
Length Report and route section(s):
Length Reports 3 to 7 and 9 (Secretary of State comments pertain to lengths MNQ3 to MNQ5, MNQ7 and MNQ9 only)
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England has passed the representation to the access authority. Notes all newly installed infrastructure will aim to increase accessibility of the trail. Encourages work in the future to replace access furniture to a standard that improves accessibility to mobility vehicles.
Representation No. MCA/MNQ3/R/4/MNQ1031
Name of representation:
South West Coast Path Association
Length Report and route section(s):
Length Report 3, MNQ-3-S002 to MNQ-3-S004
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/MNQ3/R/5/MNQ1031
Name of representation:
South West Coast Path Association
Length Report and route section(s):
Length Report 3, MNQ-3-S009
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/MNQ3/R/6/MNQ1031
Name of representation:
South West Coast Path Association
Length Report and route section(s):
Length Report 3, MNQ-3-S011
Secretary of State’s conclusion and observation:
Secretary of State considers Natural England has proposed the most suitable route in this area and notes that proposals follow the South West Coast Path. Notes that the access authority is confident the route is low risk because traffic is slow moving, there are clear lines of sight and there is a verge on the seaward side for most of the section.
Representation No. MCA/MNQ4/R/1/MNQ0973
Name of representation:
Cornwall Countryside Access Forum
Length Report and route section(s):
Length Report 4, MNQ-4-S003
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/MNQ4/R/2/MNQ0973
Name of representation:
Cornwall Countryside Access Forum
Length Report and route section(s):
Length Report 4, MNQ-4-S069 and MNQ-4-S070
Secretary of State’s conclusion and observation:
Secretary of State notes that there is already a well-signposted alternative route at Fire Beacon Point for those wishing to avoid the steps. Notes that the access authority does not consider the steps to be dangerous or requiring further improvement.
Representation No. MCA/MNQ4/R/3/MNQ0973
Name of representation:
Cornwall Countryside Access Forum
Length Report and route section(s):
Length Report 4, MNQ-4-S003
Secretary of State’s conclusion and observation:
Secretary of State notes that all newly installed infrastructure will aim to enhance the accessibility of the route.
Representation No. MCA/MNQ4/R/4/MNQ1031
Name of representation:
South West Coast Path Association
Length Report and route section(s):
Length Report 4, MNQ-4-S003
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/MNQ5/R/1/MNQ0975
Name of representation:
Ramblers Association Cornwall
Length Report and route section(s):
Length Report 5, MNQ-5-S076 to MNQ-5-S091
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/MNQ7/R/1/MNQ0975
Name of representation:
Ramblers Association, Cornwall
Length Report and route section(s):
Length Report 7, MNQ-7-S027 to MNQ-7S109
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA MNQ8/R/1/MNQ0973
Name of representation:
Cornwall Countryside Access Forum
Length Report and route section(s):
Length Report 8, MNQ-8-S029 to MNQ-8-S031
Secretary of State’s conclusion and observation:
Secretary of State notes that recent improvements to signage in this area mean walkers are already informed of a suitable high tide route.
Representation No. MCA/MNQ8/R/2/MNQ0973
Name of representation:
Cornwall Countryside Access Forum
Length Report and route section(s):
Length Report 8, MNQ-8-S005, MNQ-8-S030 and MNQ-8-S031
Secretary of State’s conclusion and observation:
Secretary of State notes that all newly installed infrastructure will aim to enhance the accessibility of the route.
Representation No. MCA/MNQ8/R/4/MNQ0975
Name of representation:
Ramblers Association, Cornwall
Length Report and route section(s):
Length Report 8, MNQ-8-S038 to MNQ-8-S044
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/MNQ8/R/3/MNQ1031
Name of representation:
South West Coast Path Association
Length Report and route section(s):
Length Report 8, MNQ-8-S029 to MNQ-8-S031
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Secretary of State notes that recent improvements to signage in this area mean walkers are already informed of a suitable high tide route.
Representation No. MCA/MNQ9/R/1/MNQ0973
Name of representation:
Cornwall Countryside Access Forum
Length Report and route section(s):
Length Report 9, MNQ-9-S021 to MNQ-9-S030
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England has passed the representation to the Access Authority. Notes Natural England has proposed improvements to the route designed to support existing plans to improve accessibility in this area.
Representation No. MCA/MNQ9/R/2/MNQ0973
Name of representation:
Cornwall Countryside Access Forum
Length Report and route section(s):
Length Report 9, MNQ-9-S070 to MNQ-9-S091
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England has passed the representation to the Access Authority. Encourages Natural England’s commitment to liaise further with Cornwall Countryside Access Forum to explore improvements to accessibility in this area.
Representation No. MCA/MNQ9/R/3/MNQ0973
Name of representation:
Cornwall Countryside Access Forum
Length Report and route section(s):
Length Report 9, MNQ-9-S094 to MNQ-9-S097
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England has passed the representation to the access authority who will continue to monitor the suitability of the route. Notes potential courses of action should the route become impassable on a more regular basis.
Representation No. MCA/MNQ9/R/4/MNQ0973
Name of representation:
Cornwall Countryside Access Forum
Length Report and route section(s):
Length Report 9, MNQ-9-S158 to MNQ-9-S161
Secretary of State’s conclusion and observation:
Secretary of State encourages discussion with the access authority to ensure signage in the area is appropriate.
Representation No. MCA/MNQ9/R/5/MNQ0973
Name of representation:
Cornwall Countryside Access Forum
Length Report and route section(s):
Length Report 9, MNQ-9-S031
Secretary of State’s conclusion and observation:
Secretary of State notes that all newly installed infrastructure will aim to enhance the accessibility of the route.
Representation No. MCA/MNQ9/R/7/MNQ0975
Name of representation:
Ramblers Association, Cornwall
Length Report and route section(s):
Length Report 9, MNQ-9-S094 to MNQ-9-S098
Secretary of State’s conclusion and observation:
Secretary of State notes that Natural England has passed the representation to the access authority who will continue to monitor the suitability of the route. Notes Natural England’s reasons for considering the proposed alternative route to be unsuitable. Notes potential courses of action should the route become impassable on a more regular basis.
Representation No. MCA/MNQ9/R/8/MNQ0975
Name of representation:
Ramblers Association, Cornwall
Length Report and route section(s):
Length Report 9, MNQ-9-S126
Secretary of State’s conclusion and observation:
Secretary of State notes that Natural England is aware of the issues raised and its efforts to contact the landowner. Encourages Natural England’s efforts to secure agreement for path improvement in this area while funding is available.
Representation No. MCA/MNQ9/R/9/MNQ0975
Name of representation:
Ramblers Association, Cornwall
Length Report and route section(s):
Length Report 9, MNQ-9-S140 to MNQ-9-S161
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/MNQ9/R/6/MNQ1031
Name of representation:
South West Coast Path Association
Length Report and route section(s):
Length Report 9, MNQ-9-S094 to MNQ-9-S097
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England has passed the representation to the Access Authority who will continue to monitor the suitability of the route. Notes potential courses of action should the route become impassable on a more regular basis.
Representation No. MCA/MNQ9/R/10/MNQ0105
Name of representation:
Wallsend Estates Ltd
Length Report and route section(s):
Length Report 9, MNQ-9-S120 to MNQ-9-S123
Secretary of State’s conclusion and observation:
Secretary of State notes and encourages Natural England’s commitment to consult relevant interests fully before implementing roll back on the route.
Representation No. MCA/MNQ10/R/1/MNQ0973
Name of representation:
Cornwall Countryside Access Forum
Length Report and route section(s):
Length Report 10, MNQ-10-S010 and MNQ-10-S011
Secretary of State’s conclusion and observation:
Secretary of State notes the difficulties of installing stepping stones set out by Natural England. Considers Natural England has proposed the most suitable route in this area.
Representation No. MCA/MNQ10/R/2/MNQ0973
Name of representation:
Cornwall Countryside Access Forum
Length Report and route section(s):
Length Report 10, MNQ-10-S048
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals. Notes the Access Authority will install signage informing walkers of the option to use the road route when the stream in this route section is impassable.
Representation No. MCA/MNQ10/R/3/MNQ0973
Name of representation:
Cornwall Countryside Access Forum
Length Report and route section(s):
Length Report 10, MNQ-10-S003
Secretary of State’s conclusion and observation:
Secretary of State notes that all newly installed infrastructure will aim to enhance the accessibility of the route.
Representation No. MCA/MNQ10/R/9/MNQ0975
Name of representation:
Ramblers Association, Cornwall
Length Report and route section(s):
Length Report 10, MNQ-10-S048 and MNQ-10-S049
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals. Notes the Access Authority will install signage informing walkers of the option to use the road route when the stream in this route section is impassable.
Representation No. MCA/MNQ10/R/10/MNQ0975
Name of representation:
Ramblers Association, Cornwall
Length Report and route section(s):
Length Report 10, MNQ-10-S078 and MNQ-10-S079
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/MNQ10/R/11/MNQ0975
Name of representation:
Ramblers Association, Cornwall
Length Report and route section(s):
Length Report 10, MNQ-10-S112
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/MNQ10/R/4/MNQ1031
Name of representation:
South West Coast Path Association
Length Report and route section(s):
Length Report 10, MNQ-10-S010 and MNQ-10-S011
Secretary of State’s conclusion and observation:
Secretary of State notes the difficulties of installing stepping stones set out by Natural England. Considers Natural England has proposed the most suitable route in this area.
Representation No. MCA/MNQ10/R/5/MNQ1031
Name of representation:
South West Coast Path Association
Length Report and route section(s):
Length Report 10, MNQ-10-S048
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals. Notes the Access Authority will install signage informing walkers of the option to use the road route when the stream in this route section is impassable.
Representation No. MCA/MNQ10/R/6/MNQ0907
Name of representation:
Private individual
Length Report and route section(s):
Length Report 10, MNQ-10-S050
Secretary of State’s conclusion and observation:
Secretary of State notes the issue raised and encourages Natural England in its commitment that the ‘tunnel’ of vegetation will be left largely intact.
Representation No. MCA/MNQ10/R/7/MNQ0907
Name of representation:
Private individual
Length Report and route section(s):
Length Report 10, MNQ-10-S050
Secretary of State’s conclusion and observation:
Secretary of State notes improvement to the steps forms part of Natural England’s proposals. Encourages Natural England in its commitment that the ‘tunnel’ of vegetation will be left largely intact.
Representation No. MCA/MNQ10/R/8/MNQ0907
Name of representation:
Private individual
Length Report and route section(s):
Length Report 10, MNQ-10-S050 to MNQ-10-S057
Secretary of State’s conclusion and observation:
Secretary of State notes encourages Natural England’s commitment to consult owners and occupiers of affected land at the time roll back is required to determine the most appropriate new route.
Representation No. MCA/MNQ11/R/1/MNQ0973
Name of representation:
Cornwall Countryside Access Forum
Length Report and route section(s):
Length Report 11, MNQ-11-S073
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals. Notes the existing South West Coast Path will be retained as an informal signed diversion which will be available during exceptional high tides.
Representation No. MCA/MNQ11/R/2/MNQ0973
Name of representation:
Cornwall Countryside Access Forum
Length Report and route section(s):
Length Report 11, MNQ-11-S085
Secretary of State’s conclusion and observation:
Secretary of State notes new access rights to the headland would be detrimental to the operation of the Glendorgal Hotel and that a new seaward route is not practicable in this area.
Representation No. MCA/MNQ11/R/3/MNQ0973
Name of representation:
Cornwall Countryside Access Forum
Length Report and route section(s):
Length Report 11, MNQ-11-S089
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s confirmation that the route of the existing South West Coast Path as shown is correct. Is satisfied Natural England have proposed the most suitable route.
Representation No. MCA/MNQ11/R/7/MNQ0975
Name of representation:
Ramblers Association, Cornwall
Length Report and route section(s):
Length Report 11, MNQ-11-S017 to MNQ-11-S024
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/MNQ11/R/8/MNQ0975
Name of representation:
Ramblers Association, Cornwall
Length Report and route section(s):
Length Report 11, MNQ-11-S060 to MNQ-11-S062
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/MNQ11/R/9/MNQ0975
Name of representation:
Ramblers Association, Cornwall
Length Report and route section(s):
Length Report 11, MNQ-11-S073
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/MNQ11/R/4/MNQ1031
Name of representation:
South West Coast Path Association
Length Report and route section(s):
Length Report 11, MNQ-11-S073
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals. Notes the existing South West Coast Path will be retained as an informal signed diversion which will be available during exceptional high tides.
Representation No. MCA/MNQ11/R/5/MNQ1031
Name of representation:
South West Coast Path Association
Length Report and route section(s):
Length Report 11, MNQ-11-S085
Secretary of State’s conclusion and observation:
Secretary of State notes new access rights to the headland would be detrimental to the operation of the Glendorgal Hotel and that a new seaward route is not practicable in this area.
Representation No. MCA/MNQ11/R/6/MNQ1031
Name of representation:
South West Coast Path Association
Length Report and route section(s):
Length Report 11, MNQ-11-S089
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s confirmation that the route of the existing South West Coast Path as shown is correct. Is satisfied Natural England have proposed the most suitable route.
Annex B: conclusions and observations on representations with modifications
Representation No. MCA/MNQ1/R/2/MNQ0975
Name of representation:
Ramblers Association, Cornwall
Length Report and route section(s):
Length Report 1, MNQ-1-S022 and MNQ-1-S023
Secretary of State’s conclusion and observation:
Secretary of State thanks the Ramblers Association Cornwall for the clarification. Notes that Natural England acknowledges the error and has submitted a revised proposals map.
In view of this, Secretary of State approves the proposals subject to modification in relation to the depiction of route section MNQ-1-S023 on map MNQ1b. This route section is now shown as following the existing walked line of the South West Coast Path.
Secretary of State notes that Natural England has passed comments on the Access Authority. Encourages work in the future to replace access furniture to a standard that improves the path’s accessibility to mobility vehicles.
Representation No. MCA/MNQ1/R/3/MNQ0975
Name of representation:
Ramblers Association, Cornwall
Length Report and route section(s):
Length Report 1, MNQ-1-S026
Secretary of State’s conclusion and observation:
Secretary of State thanks the Ramblers Association Cornwall for the clarification. Notes that Natural England acknowledges the error and has submitted a revised proposals map.
In view of this, Secretary of State approves the proposals subject to modification in relation to the depiction of route section MNQ-1-S026 on map MNQ1c. This route section is now shown as following the existing walked line of the South West Coast Path.
Representation No. MCA/MNQ3/R/8/MNQ0975
Name of representation:
Ramblers Association, Cornwall
Length Report and route section(s):
Length Report 3, MNQ-3-S019 to MNQ-3-S043
Secretary of State’s conclusion and observation:
Secretary of State thanks the Ramblers Association Cornwall for the clarification. Notes that Natural England acknowledges the error and has submitted revised proposal maps.
In view of this, Secretary of State approves the proposals subject to modification in relation to the depiction of landward coastal margin on maps MNQ3c and MNQ3d. The full extent of the landward coastal margin, as agreed with the National Trust, is now shown.
Representation No. MCA/MNQ4/R/5/MNQ0975
Name of representation:
Ramblers Association, Cornwall
Length Report and route section(s):
Length Report 4, MNQ-4-S032 to MNQ-4-S054
Secretary of State’s conclusion and observation:
Secretary of State thanks the Ramblers Association, Cornwall, for the clarification. Notes that Natural England acknowledges the error and has submitted revised proposals maps.
In view of this, Secretary of State approves the proposals subject to modification in relation to the depiction of landward coastal margin on maps MNQ4b and MNQ4c. The full extent of the landward coastal margin, as agreed with the National Trust, is now shown.