Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Minehead to Combe Martin
Published 18 March 2021
Applies to England
© Crown copyright 2021
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Introduction
On 20 June 2017 Natural England submitted a coastal access report relating to the stretch of land between Minehead and Combe Martin 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. Minehead to Combe Martin – Natural England’s coastal access report submitted to the Secretary of State on 20 June 2017;
- b. Coastal Access Modification Report MR1 – proposed changes to the submitted England Coast Path proposals for the Minehead to Combe Martin stretch submitted to the Secretary of State on 9 July 2020;
- c. in accordance with paragraph 16(1)(a) of the Schedule, the objections which the appointed person determined to be admissible objections;
- d. 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;
- e. 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;
- f. 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 20 September 2017 and 22 September 2020.
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 those proposals for the route and associated coastal margin as set out in the coastal access report, with modification as set out in the modification report MR1.
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 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 objection. 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 the objection relates. 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 Minehead to Combe Martin 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 objection given to them by the appointed person;
- c. The revised Habitats Regulations Assessment
- d. Representations submitted against the original report and the modification 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 20 September 2017 and 22 September 2020, respectively;
- e. Summary of other representations submitted against the original report and the modification report, and Natural England’s comments on those representations, which it sent to the Secretary of State on 20 September 2017 and 22 September 2020, respectively;
Natural England has also made available here:
- f. Minehead to Combe Martin: the coastal access report.
- g. Coastal Access Modification Report MR1: Proposed changes to the submitted England Coast Path proposals for the Minehead to Combe Martin stretch
Annex A: Objections which did not fail to strike a “fair balance”
Objection Reference: MCA\Minehead to Combe Martin\O\1\MCM0336
The land in the Report to which the objection relates is route sections MCM-2-S011 and MCM-2-S012 (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 MCM-2-S011 and MCM-2-S012.
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\Minehead to Combe Martin\R25\MCM0188
Name of representation:
Exmoor National Park Authority
Report chapter and route section(s):
Whole report (with exceptions which appear in representations relating to specific report chapters)
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals. Notes additional representations submitted.
Representation No. MCA\Minehead to Combe Martin\R21\MCM0031
Name of representation:
Exmoor Local Access Forum
Report chapter and route section(s):
Chapters 1 to 3 and 6
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals. Notes additional representations submitted.
Representation No. MCA\Minehead to Combe Martin\R\1\MCM0289
Name of representation:
Porlock Parish Council
Report chapter and route section(s):
Whole report
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Minehead to Combe Martin\R\30\MCM0344
Name of representation:
The Exmoor Society
Report chapter and route section(s):
Whole report
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals. Notes additional representations submitted.
Representation No. MCA\Minehead to Combe Martin\R22\MCM0031
Name of representation:
Exmoor Local Access Forum
Report chapter and route section(s):
Chapter 1, MCM-1-S016 to MCM-1-S022
Secretary of State’s conclusion and observation:
Secretary of State notes representation and Natural England’s comments. Considers the route around Hurlstone Point to be suitable subject to the improvements to widen the path and provide appropriate informative to walkers as set out by Natural England. Notes separate representation submitted regarding the proposal to modify this section.
Representation No. MCA\Minehead to Combe Martin\R26\MCM0188
Name of representation:
Exmoor National Park Authority
Report chapter and route section(s):
Chapter 1, MCM-1-S016 to MCM-1-S022
Secretary of State’s conclusion and observation:
Secretary of State notes representation and Natural England’s comments. Considers the route around Hurlstone Point to be suitable subject to the improvements to widen the path and provide appropriate informative to walkers as set out by Natural England. Notes separate representation submitted regarding the proposal to modify this section.
Representation No. MCA\Minehead to Combe Martin\R\3\MCM0275
Name of representation:
The National Trust
Report chapter and route section(s):
Chapter 1, MCM-1-S012 to MCM-1-S022
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Minehead to Combe Martin\R\6\MCM0214
Name of representation:
South West Coast Path Association
Report chapter and route section(s):
Chapter 1, MCM-1-S011 to MCM-1-S015
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Minehead to Combe Martin\R\7\MCM0214
Name of representation:
South West Coast Path Association
Report chapter and route section(s):
Chapter 1, MCM-1-S016 to MCM-1-S022
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals. Notes separate representation submitted regarding the proposal to modify this section.
Representation No. MCA\Minehead to Combe Martin\R\15\MCM0212
Name of representation:
South West Coast Path Team
Report chapter and route section(s):
Chapter 1, MCM-1-S011 to MCM-1-S015
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Minehead to Combe Martin\R\16\MCM0212
Name of representation:
South West Coast Path Team
Report chapter and route section(s):
Chapter 1, MCM-1-S016 to MCM-1-S022
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Minehead to Combe Martin\R\31\MCM0344
Name of representation:
The Exmoor Society
Report chapter and route section(s):
Chapter 1
Secretary of State’s conclusion and observation:
Secretary of State notes representation and Natural England’s comments. Considers the route around Hurlstone Point to be suitable subject to the improvements to widen the path and provide appropriate informative to walkers as set out by Natural England. Notes separate representation submitted regarding the proposal to modify part of the route at Hurlstone Point.
Representation No. MCA\Minehead to Combe Martin\R\1\MCM0289
Name of representation:
Porlock Parish Council
Report chapter and route section(s):
Chapter 2
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Minehead to Combe Martin\R\3\MCM0275
Name of representation:
The National Trust
Report chapter and route section(s):
Chapter 2, MCM-2-S001 to MCM-2-S010
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Minehead to Combe Martin\R\8\MCM0214
Name of representation:
South West Coast Path Association
Report chapter and route section(s):
Chapter 2, MCM-2-S018 to MCM-2-S028
vSecretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Minehead to Combe Martin\R\17\MCM0212
Name of representation:
South West Coast Path Team
Report chapter and route section(s):
Chapter 2, MCM-2-S018 to MCM-2-S028
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Minehead to Combe Martin\R\33\MCM0185
Name of representation:
Porlock Manor Estate
Report chapter and route section(s):
Chapter 2, MCM-2-S010 to MCM-2-S012
Secretary of State’s conclusion and observation:
Secretary of State notes representation and Natural England’s comments. Notes informal techniques will remain available to manage the new trail and expects Natural England to consult fully with all interested parties before implementing any future roll back.
Representation No. MCA\Minehead to Combe Martin\R\9\MCM0214
Name of representation:
South West Coast Path Association
Report chapter and route section(s):
Chapter 3, MCM-3-S011 to MCM-3-S023
Secretary of State’s conclusion and observation:
Secretary of State notes support for proposals contained within Natural England’s original published report. Notes that proposals for MCM-3-S011 to MCM-3-S021 have since been modified as set out in Natural England’s Coastal Access Modification Report MR1. Notes the South West Coast Path Association’s separate submitted representation regarding the modified proposal.
Representation No. MCA\Minehead to Combe Martin\R\18\MCM0212
Name of representation:
South West Coast Path Team
Report chapter and route section(s):
Chapter 3, MCM-3-S011 to MCM-3-S023
Secretary of State’s conclusion and observation:
Secretary of State notes support for proposals contained within Natural England’s original published report. Notes that proposals for MCM-3-S011 to MCM-3-S021 have since been modified as set out in Natural England’s Coastal Access Modification Report MR1.
Representation No. MCA\Minehead to Combe Martin\R\30\MCM0344
Name of representation:
The Exmoor Society
Report chapter and route section(s):
Chapter 3, MCM-3-S011 to MCM-3-S023
Secretary of State’s conclusion and observation:
Secretary of State notes support for proposals contained within Natural England’s original published report. Notes that proposals for MCM-3-S011 to MCM-3-S021 have since been modified as set out in Natural England’s Coastal Access Modification Report MR1.
Representation No. MCA\Minehead to Combe Martin\R\4\MCM0240
Name of representation:
Ramblers Association (Devon)
Report chapter and route section(s):
Chapter 5, MCM-5-S008 to MCM-5-S010
Secretary of State’s conclusion and observation:
Secretary of State notes representation and Natural England’s comments. Notes there is currently no public access seaward of Lee Abbey and recognises that any new access would be likely to infringe on its ability to function effectively. Notes Natural England’s wider proposals in this area represent an improvement on the existing route of the South West Coast Path.
Representation No. MCA\Minehead to Combe Martin\R\5\MCM0240
Name of representation:
Ramblers Association (Devon)
Report chapter and route section(s):
Chapter 5, MCM-5-S010
Secretary of State’s conclusion and observation:
Secretary of State notes the reasoning for the temporary restriction and exclusion set out by Natural England and is satisfied the proposals are appropriate.
Representation No. MCA\Minehead to Combe Martin\R\13\MCM0241
Name of representation:
Open Spaces Society
Report chapter and route section(s):
Chapter 5, MCM-5-S009
Secretary of State’s conclusion and observation:
Secretary of State notes representation and Natural England’s comments. Notes there is currently no public access seaward of Lee Abbey and recognises that any new access would be likely to infringe on its ability to function effectively. Notes Natural England’s wider proposals in this area represent an improvement on the existing route of the South West Coast Path.
Representation No. MCA\Minehead to Combe Martin\R\14\MCM0241
Name of representation:
Open Spaces Society
Report chapter and route section(s):
Chapter 5, MCM-5-S010
Secretary of State’s conclusion and observation:
Secretary of State notes the reasoning for the temporary restriction and exclusion set out by Natural England and is satisfied the proposals are appropriate.
Representation No. MCA\Minehead to Combe Martin\R\23\MCM0031
Name of representation:
Exmoor Local Access Forum
Report chapter and route section(s):
Chapter 5, MCM-5-S008 to MCM5-S010
Secretary of State’s conclusion and observation:
Secretary of State notes representation and Natural England’s comments. Notes there is currently no public access seaward of Lee Abbey and recognises that any new access would be likely to infringe on its ability to function effectively. Notes Natural England’s wider proposals in this area represent an improvement on the existing route of the South West Coast Path.
Representation No. MCA\Minehead to Combe Martin\R27\MCM0188
Name of representation:
Exmoor National Park Authority
Report chapter and route section(s):
Chapter 5, MCM-5-S008 to MCM5-S010
Secretary of State’s conclusion and observation:
Secretary of State notes representation and Natural England’s comments. Notes there is currently no public access seaward of Lee Abbey and recognises that any new access would be likely to infringe on its ability to function effectively. Notes Natural England’s wider proposals in this area represent an improvement on the existing route of the South West Coast Path.
Representation No. MCA\Minehead to Combe Martin\R\10\MCM0214
Name of representation:
South West Coast Path Association
Report chapter and route section(s):
Chapter 5, MCM-5-S008 to MCM5-S010
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Minehead to Combe Martin\R\11\MCM0214
Name of representation:
South West Coast Path Association
Report chapter and route section(s):
Chapter 5, MCM-5-S009
Secretary of State’s conclusion and observation:
Secretary of State notes representation and Natural England’s comments. Notes there is currently no public access seaward of Lee Abbey and recognises that any new access would be likely to infringe on its ability to function effectively. Notes Natural England’s wider proposals in this area represent an improvement on the existing route of the South West Coast Path.
Representation No. MCA\Minehead to Combe Martin\R\19\MCM0212
Name of representation:
South West Coast Path Team
Report chapter and route section(s):
Chapter 5, MCM-5-S008 to MCM5-S010
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Minehead to Combe Martin\R\24\MCM0342
Name of representation:
Private individual
Report chapter and route section(s):
Chapter 5, MCM-5-S008 to MCM5-S010
Secretary of State’s conclusion and observation:
Secretary of State notes representation and Natural England’s comments. Notes there is currently no public access seaward of Lee Abbey and recognises that any new access would be likely to infringe on its ability to function effectively. Notes Natural England’s wider proposals in this area represent an improvement on the existing route of the South West Coast Path.
Representation No. MCA\Minehead to Combe Martin\R\28\MCM0298
Name of representation:
Private individual
Report chapter and route section(s):
Chapter 5, MCM-5-S008 and MCM5-S009
Secretary of State’s conclusion and observation:
Secretary of State notes representation and Natural England’s comments. Notes there is currently no public access seaward of Lee Abbey and recognises that any new access would be likely to infringe on its ability to function effectively. Notes Natural England’s wider proposals in this area represent an improvement on the existing route of the South West Coast Path.
Representation No. MCA\Minehead to Combe Martin\R\29\MCM0343
Name of representation:
Private individual
Report chapter and route section(s):
Chapter 5, MCM-5-S008 and MCM5-S009
Secretary of State’s conclusion and observation:
Secretary of State notes representation and Natural England’s comments. Notes there is currently no public access seaward of Lee Abbey and recognises that any new access would be likely to infringe on its ability to function effectively. Notes Natural England’s wider proposals in this area represent an improvement on the existing route of the South West Coast Path.
Representation No. MCA\Minehead to Combe Martin\R\32\MCM0344
Name of representation:
The Exmoor Society
Report chapter and route section(s):
Chapter 5, maps 5a and 5b
Secretary of State’s conclusion and observation:
Secretary of State notes representation and Natural England’s comments. Notes there is currently no public access seaward of Lee Abbey and recognises that any new access would be likely to infringe on its ability to function effectively. Notes Natural England’s wider proposals in this area represent an improvement on the existing route of the South West Coast Path.
Representation No. MCA\Minehead to Combe Martin\R\34\MCM0219
Name of representation:
Lee Abbey Fellowship
Report chapter and route section(s):
Chapter 5, MCM-5-S008 to MCM5-S010
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Minehead to Combe Martin\R\2\MCM0295
Name of representation:
Combe Martin Parish Council
Report chapter and route section(s):
Chapter 6, MCM-6-S031 to MCM-6-S033
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Minehead to Combe Martin\R\12\MCM0214
Name of representation:
South West Coast Path Association
Report chapter and route section(s):
Chapter 6, MCM-6-S031 to MCM-6-S033
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Minehead to Combe Martin\R\20\MCM0212
Name of representation:
South West Coast Path Team
Report chapter and route section(s):
Chapter 6, MCM-6-S031 to MCM-6-S033
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Annex C: Conclusions and observations on representations relating to Coastal Access Modification Report MR1
Representation No. MCA\Minehead to Combe Martin\R\37\MCM0031
Name of representation:
Exmoor Local Access Forum
Map and route section(s):
MR1c, MCM-MR1-S002 to MCM-MR1-S007
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Minehead to Combe Martin\R\38\MCM0031
Name of representation:
Exmoor Local Access Forum
Map and route section(s):
MR1b, MCM-MR1-S001
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s modification proposal. Notes comments regarding wider Hurlstone Point proposals.
Representation No. MCA\Minehead to Combe Martin\R\42\MCM0188
Name of representation:
Exmoor National Park Authority
Map and route section(s):
MR1c, MCM-MR1-S002 to MCM-MR1-S007
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Minehead to Combe Martin\R\43\MCM0188
Name of representation:
Exmoor National Park Authority
Map and route section(s):
MR1b, MCM-MR1-S001
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s modification proposal. Notes comments regarding wider Hurlstone Point proposals.
Representation No. MCA\Minehead to Combe Martin\R\39\MCM0344 and MCA\Minehead to Combe Martin\R\41\MCM0341
Name of representation:
The Exmoor Society and private individual
Map and route section(s):
MR1b, MCM-MR1-S001
Secretary of State’s conclusion and observation:
Secretary of State notes representation which relates to the wider Hurlstone Point proposals.
Representation No. MCA\Minehead to Combe Martin\R\39\MCM0344 and MCA\Minehead to Combe Martin\R\41\MCM0341
Name of representation:
The Exmoor Society and private individual
Map and route section(s):
MR1b, MCM-MR1-S001
vSecretary of State’s conclusion and observation: Secretary of State is satisfied Natural England conducted a full Habitats Regulations Assessment.
Representation No. MCA\Minehead to Combe Martin\R\35\MCM0030
Name of representation:
Private individual
Map and route section(s):
MR1c, MCM-MR1-S002 to MCM-MR1-S007
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Minehead to Combe Martin\R\36\MCM0214
Name of representation:
South West Coast Path Association
Map and route section(s):
MR1b, MCM-MR1-S001
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Minehead to Combe Martin\R\39\MCM0344
Name of representation:
The Exmoor Society
Map and route section(s):
MR1b, MCM-MR1-S001
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA\Minehead to Combe Martin\R\40\MCM0275
Name of representation:
National Trust
Map and route section(s):
MR1b, MCM-MR1-S001
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.