Decision

Notice by the Secretary of State under section 52 [and 55(1)] of the National Parks and Access to the Countryside Act 1949: Mill Creek, Newhaven, East Sussex (VR16)

Updated 28 March 2024

Introduction

On 27 September 2018, Natural England submitted a coastal access report relating to the stretch of land between Shoreham-by-Sea and Eastbourne 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”).  

On 19 December 2019, the Secretary of State gave notice under Section 52(2) that the proposals for Shoreham-by-Sea to Eastbourne were approved (“the approved coastal access provisions”).

On 19 May 2022, coastal access rights came into force between Shoreham-by-Sea and Eastbourne.

On 26 May 2022, under section 55(1) of the 1949 Act, Natural England submitted a coastal access variation report relating to proposed changes to the approved coastal access provisions (“the coastal access variation report”) to the Secretary of State for Environment, Food and Rural Affairs. The coastal access variation report proposed changes to the approved coastal access provisions at Mill Creek, Newhaven, East Sussex.

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

a. proposed changes to the England Coast Path at Mill Creek, Newhaven, East Sussex - Natural England’s coastal access variation report submitted to the Secretary of State on 26 May 2022

b. in accordance with paragraph 16(1)(d) of the Schedule, a representation made by a person within paragraph 2(2)(b) to (f) of the Schedule, and Natural England’s comments on that representation which it sent to the Secretary of State on 16 September 2022

In this notice –

(a)  “objection” means an objection about the coastal access report which is made under paragraph 3 of the Schedule

(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 in full the proposals for the route and associated coastal margin as set out in the coastal access variation report, in relation to which no objections or representations were made.

The approved variation to the route is set out at Annex A.

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 on 16 September 2022

Natural England has also made available here:

c. proposed changes to the England Coast Path at Mill Creek, Newhaven, East Sussex – the coastal access variation report

Annex A: Approved variation at Mill Creek

Map VR16b - Mill Creek, Newhaven. This shows the approved route in blue, and the proposed variation in pink.

Table 2.3.1: Map VR16b - Mill Creek, Newhaven

Key notes on table:

1. Column 4 – ‘No’ means no roll-back is proposed for this route section. ‘Yes – normal’ means rollback is proposed and is likely to follow the current feature (such as cliff edge or beach) for the foreseeable future as any coastal change occurs.

2. Column 4 – ‘Yes – see table 2.3.2 means roll-back is proposed, but refer to that table below about our likely approach to implementing it for this route section. This is because a more complex situation exists in this case and consideration must be given to how roll-back may happen in relation to excepted land, a protected site or similar.

3. Column 5a - Certain coastal land types are included automatically in the coastal margin where they fall landward of the trail if they touch it at some point. The relevant land type (foreshore, cliff, bank, barrier, dune, beach, flat or section 15 land – see Glossary in Annex B to the 2017 Overview) is shown in this column where appropriate. “No” means none present on this route section.

4. Columns 5b and 5c – Any entry in these columns means we are proposing to align the landward boundary of the coastal margin on this route section with the physical features shown in 5b, for the reason in 5c. No text here means that for this route section the landward edge of the margin would be that of the trail itself - or if any default coastal land type is shown in 5a, that would be its landward boundary instead.

1. Maps	2. New route section numbers	3. Current status of route sections	4. Roll-back proposed? (See part 8 of 2017 report Overview)	5a. Landward margin contains coastal land type?	5b. Proposal to specify landward boundary of margin	5c. Reason for landward boundary proposal	6. Explanatory notes
Map VR16b	SEB-VR16- S001	Public footpath	Yes – see table 2.3.2	Yes - bank			Landward coastal margin is landward edge of the bank by default
Map VR16b	SEB-VR16- S002	Public footpath	Yes – see table 2.3.2	No	Landward edge of footpath	Clarity and cohesion

Table 2.3.2 Roll-back implementation – more complex situations: Map VR16 - Mill Creek, Newhaven

Maps	New route section numbers	Features or sites potentially affected	Our likely approach to roll-back
Map VR16b	SEB-VR16- S001 to SEB-VR16- S002	Mill Creek	If it is no longer possible to find a viable route seaward of Mill Creek, due to the predicted long term narrowing of the Seaford Bay beach frontage, we will choose a new route after detailed discussions with all relevant interests, to pass somewhere on the landward side of it. In reaching this judgement, we will have full regard to the need to seek a fair balance between the interests of potentially affected owners and occupiers and those of the public.