Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Penzance to St Mawes, lengths PSM7, PSM8 and PSM9
Updated 7 July 2021
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Introduction
On 13 November 2019 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Penzance and St Mawes 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 relates only to lengths PSM7, PSM8 and PSM9. The proposals within length reports PSM1 to PSM6 were determined separately on 23 April 2020.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Penzance to St Mawes length reports PSM7, PSM8 and PSM9 – part of Natural England’s compendium of coastal access reports submitted to the Secretary of State on 13 November 2019;
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 reports given to the Secretary of State by the appointed person in respect of the objection 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 17 March and 3 April 2020.
In this notice –
(a) “objection” means an objection about the coastal access report which is made under paragraph 3 of the Schedule; and
(b) “representation” means a representation about the coastal access report which is made under paragraph 7 of the Schedule.
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 reports PSM7, PSM8 and PSM9. The additional conclusions and observations of the Secretary of State in relation to the representations are set out at Annex B 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 objections. The Secretary of State therefore approves the proposals set out in the coastal access reports, so far as they relate to those parts of the route (and associated coastal margin) to which the objections relate.
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 17 March and 3 April 2020; and
d. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 17 March and 3 April 2020.
Natural England has also made available here:
e. Penzance to St Mawes – the compendium of coastal access reports.
Annex A: Objections which did not fail to strike a ‘fair balance’
Objection Reference: MCA/PSM7/0/1
The land in the Report to which the objection relates is route section PSM-7-S009 (as shown on map 7a). 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 PSM-7-S009.
Objection Reference: MCA/PSM8/0/1
The land in the Report to which the objection relates is route section PSM-8-S054 (as shown on map 8c). 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 PSM-8-S054.
Objection Reference: MCA/PSM8/0/2
The land in the Report to which the objection relates is route sections PSM-8-S022 to PSM-8-S026 (as shown on maps 8a and 8b). 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 PSM-8-S022 to PSM-8-S026.
Objection Reference: MCA/PSM8/0/3
The land in the Report to which the objection relates is route sections PSM-8-S001 to PSM-8-S021 (as shown on map 8a). 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 PSM-8-S001 to PSM-8-S021.
Objection Reference: MCA/PSM9/0/1
The land in the Report to which the objection relates is route sections PSM-9-S104 to PSM-9-S110 (as shown on map 9f). 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 PSM-9-S104 to PSM-9-S110.
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/PSM Stretch/R/2/PSM2205
Name of representation: Cornwall Countryside Access Forum
Report Chapter and route section(s): Whole stretch (note that Secretary of State’s comments pertain to PSM7, PSM8 and PSM9 only)
Secretary of State’s conclusion and observation: Secretary of State notes that Natural England’s route improvements will either maintain or enhance access to mobility scooters where the surrounding nature of the route makes this feasible. Encourages Natural England’s commitment to increase the accessibility of the trail to mobility scooters where possible.
Representation No. MCA/PSM7/R/1/PSM2205
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s): Length Report 7, PSM-7-S065 to PSM-7-S072
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/PSM7/R/3/PSM2216
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s): Length Report 7, PSM-7-S037 to PSM-7-S044
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/PSM7/R/4/PSM2216
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s): Length Report 7, PSM-7-S065 to PSM-7-S072
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/PSM Stretch/R/1/PSM2424
Name of representation: Private individual
Length Report and route section(s): Whole stretch (note that Secretary of State’s comments pertain to PSM7, PSM8 and PSM9 only)
Secretary of State’s conclusion and observation: Secretary of State notes that local trail names, including the South West Coast Path, will continue to be used on the ground.
Representation No. MCA/PSM7/R/2/PSM2425
Name of representation: South West Coast Path Association
Length Report and route section(s): Length Report 7, PSM-7-S065 to PSM-7-S072
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/PSM8/R/1/PSM2205
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s): Length Report 8, PSM-8-S001 to PSM-8-S027
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/PSM8/R/2/PSM2205
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s): Length Report 8, PSM-8-S065 to PSM-8-S071
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/PSM8/R/3/PSM2205
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s): Length Report 8, PSM-8-S086 to PSM-8-S089
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/PSM8/R/13/PSM2216
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s): Length Report 8, PSM-8-S001 to PSM-8-S027
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals. Notes the reasons Natural England has not proposed an alternative route and welcomes commitment to keep the need for such a route under review. Notes the proposals include appropriate signage to inform walkers the path may briefly be underwater during very high tides.
Representation No. MCA/PSM8/R/14/PSM2216
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s): Length Report 8, PSM-8-S086 to PSM-8-S089
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals. Notes Natural England’s comments regarding the Gillan Creek stepping stones.
Representation No MCA/PSM8/R/7/PSM2426, MCA/PSM8/R/9/PSM1989, MCA/PSM8/R/11/PSM2427 and MCA/PSM8/R/15/PSM2428
Name of representation: 4 private individuals
Length Report and route section(s): Length Report 8, PSM-8-S051 to PSM-8-S056
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals and notes it has passed on details of the situation to the access authority.
Representation No. (i) MCA/PSM8/R/5/PSM2425,
(ii) MCA/PSM8/R/8/PSM2426,
(iii) MCA/PSM8/R/10/PSM1989,
(iv) MCA/PSM8/R/12/PSM2427 and
(v) MCA/PSM8/R/16/PSM2428
Name of representation: (i) South West Coast Path Association, (ii) to (v) 4 private individuals
Length Report and route section(s): Length Report 8, PSM-8-S065 to PSM-8-S071
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/PSM8/R/4/PSM2425
Name of representation: South West Coast Path Association
Length Report and route section(s): Length Report 8, PSM-8-S001 to PSM-8-S027
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/PSM2/R/5/PSM2425
Name of representation: South West Coast Path Association
Length Report and route section(s): Length Report 8, PSM-8-S086 to PSM-8-S089
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/PSM2/R/1/PSM2411
Name of representation: The Woodland Trust
Length Report and route section(s): Length Report 8, PSM-8-S086 & PSM-8-S087
Secretary of State’s conclusion and observation: Secretary of State welcomes Natural England’s assurance that trees and their roots will be safeguarded during establishment works.
Representation No. MCA/PSM9/R/1/PSM2205
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s): Length Report 9, PSM-9-S011 to PSM-9-S017
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/PSM9/R/2/PSM2205
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s): Length Report 9, PSM-9-S046 and PSM-9-S047
Secretary of State’s conclusion and observation: Secretary of State notes the representation and is satisfied Natural England’s proposals are appropriate. Notes Natural England will keep the possibility of a continuous estuary route under review.
Representation No. MCA/PSM9/R/3/PSM2205
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s): Length Report 9, PSM-9-S063 to PSM-9-S065
Secretary of State’s conclusion and observation: Secretary of State notes the representation and is satisfied Natural England’s proposals are appropriate. Notes the access authority and National Trust do not support maintaining 2 routes, and that the proposed route is more accessible to walkers with limited mobility as well as buggies and off-road mobility scooters.
Representation No. MCA/PSM9/R/4/PSM2205
Name of representation: Cornwall Countryside Access Forum
Length Report and route section(s): Length Report 9, PSM-9-S143 to PSM-9-S150
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/PSM9/R/9/PSM2216
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s): Length Report 9, PSM-9-S011 to PSM-9-S017
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/PSM9/R/10/PSM2216
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s): Length Report 9, PSM-9-S003
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/PSM9/R/11/PSM2216
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s): Helford River
Secretary of State’s conclusion and observation: Secretary of State notes the representation and is satisfied Natural England’s proposals are appropriate. Notes Natural England will keep the possibility of a continuous estuary route under review.
Representation No. MCA/PSM9/R/12/PSM2216
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s): Length Report 9, PSM-9-S061 to PSM-9-S064
Secretary of State’s conclusion and observation: Secretary of State notes the representation and is satisfied Natural England’s proposals are appropriate. Notes the access authority and National Trust do not support maintaining 2 routes, and that as a whole the proposed route is more accessible to walkers with limited mobility as well as buggies and off-road mobility scooters.
Representation No. MCA/PSM9/R/13/PSM2216
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s): Length Report 9, PSM-9-S139
Secretary of State’s conclusion and observation: Secretary of State notes Natural England’s proposal to follow the walked route of the existing South West Coast Path.
Representation No. MCA/PSM9/R/14/PSM2216
Name of representation: Ramblers Association, Cornwall
Length Report and route section(s): Length Report 9, PSM-9-S057 (Polgwidden, Trebah)
Secretary of State’s conclusion and observation: Secretary of State notes the access authority’s view that the right of way identified on the definitive map is a mapping anomaly. Is satisfied Natural England’s proposals are appropriate.
Representation No. MCA/PSM9/R/5/PSM2425
Name of representation: South West Coast Path Association
Length Report and route section(s): Length Report 9, PSM-9-S011 to PSM-9-S017
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/PSM9/R/6/PSM2425
Name of representation: South West Coast Path Association
Length Report and route section(s): Length Report 9, PSM-9-S046 and PSM-9-S047
Secretary of State’s conclusion and observation: Secretary of State notes the representation and is satisfied Natural England’s proposals are appropriate. Notes Natural England will keep the possibility of a continuous estuary route under review.
Representation No. MCA/PSM9/R/7/PSM2425
Name of representation: South West Coast Path Association
Length Report and route section(s): Length Report 9, PSM-9-S063 to PSM-9-S065
Secretary of State’s conclusion and observation: Secretary of State notes the representation and is satisfied Natural England’s proposals are appropriate. Notes the access authority and National Trust do not support maintaining 2 routes, and that the proposed route is more accessible to walkers with limited mobility as well as buggies and off-road mobility scooters.
Representation No. MCA/PSM9/R/8/PSM2425
Name of representation: South West Coast Path Association
Length Report and route section(s): Length Report 9, PSM-9-S143 to PSM-9-S150
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals
Representation No. MCA/PSM9/R/15/PSM2327
Name of representation: Meudon Hotel
Length Report and route section(s): Length Report 9, PSM-9-S104 to PSM-9-S110
Secretary of State’s conclusion and observation: Secretary of State notes discussions between Natural England and the Meudon Hotel. Welcomes Natural England’s agreement to provide an outline direction in future if necessary.