Decision

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

Published 16 July 2024

Applies to England

Introduction

On 28 June 2017 Natural England submitted a compendium of coastal access reports relating to the stretch of coast around Mersea Island 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”). 

Furthermore, on Wednesday 25 May 2022, Natural England submitted a modification report to the Secretary of State setting out revised proposals for the route of the England Coast Path in Essex between Mersea Outdoors and Coopers Beach Holiday Park, Mersea Island.

This determination relates to the entire stretch, MSI, which includes, MSI chapters 1, 2, 3 and 4. Additionally, it takes into account modification report, MR 1, which affects a section of Chapter 3, Anglian Water Sewage Works to Mersea Stone, Mersea Island.

In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:

a. Mersea Island report MSI – part of Natural England’s coastal access report compendium for Isle of Wight submitted to the Secretary of State on 28 June 2017

b. Modification report MR1 – part of Natural England’s revised proposals for MSI chapter 3, submitted to the Secretary of State on Wednesday 25 May 2022

c. 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 in June 2017 and May 2022

In this notice –

(a) “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 those proposals for the route and associated coastal margin as set out in the Mersea Island report (MSI), taking into account modifications outlined in Chapter 3, affected by MR1 (Modification Report 1).

The Secretary of State determines that the proposals set out in the coastal access report do not fail to strike a “fair balance”. 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).

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 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 in June 2017 and May 2022

c. summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State in June 2017 and May 2022

Natural England has also made available here:

d. Mersea Island - the compendium of coastal access reports.

e. Modification report MR1 - part of Natural England’s revised proposals for MSI chapter 3

Annex A: 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 ID:  MCA\Mersea Island\R\1\MSI0480

Organisation/ person making representation: [redacted]

Route sections on or adjacent to the land:    MSI-4-S006 to MSI-4-S009

Other reports within stretch to which this representation also relates: N/A

Secretary of State’s conclusion and observation:
The Secretary of State acknowledges the concerns raised by the landowner regarding the incorporation of signage on the footpath, including usage guidelines for walkers and responsible dog ownership, as outlined in the Countryside and Rights of Way (CROW) Act 2000. The Secretary of State supports Natural England’s proposed signage plan, which aims to address these concerns while ensuring compliance with the CROW Act 2000 and promoting responsible access to the trail.

Representation ID:    MCA/MSIMR1/R/2/MSI0689

Organisation/ person making representation: [redacted], Historic England

Route section(s) specific to this representation:    MSI-MR1-S001 - MSI-MR1-S004

Other reports within stretch to which this representation also relates:     N/A

Secretary of State’s conclusion and observation:
The Secretary of State acknowledges the positive assessment provided by Historic England regarding Natural England’s proposals, particularly their conclusion that the proposed modifications will not affect any highly graded designated heritage assets.

Representation ID:  MCA/MSIMR1/R/3/MSI0019

Organisation/ person making representation: [redacted], the Ramblers Association

Route section(s) specific to this representation:   MSI-MR1-S001 - MSI-MR1-S004

Other reports within stretch to which this representation also relates:  N/A

Secretary of State’s conclusion and observation:
The Secretary of State acknowledges the Ramblers Association’s disappointment with the proposed route’s distance from the shoreline and their concern about an established badger sett near the path, which could lead to potential safety risks. However, the Secretary of State supports Natural England’s proposals, recognising the practicality of the chosen route and their commitment to work with the Access Authority to ensure the path is safe for walkers.