Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Shoreham-by-Sea to Eastbourne

Updated 28 March 2024

1. Introduction

On 27 September 2018 Natural England submitted a coastal access report relating to the stretch of land between Shoreham-by-Sea and Eastbourne (“the coastal access report”) 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 her determination under section 52 of the 1949 Act the Secretary of State has considered:

• a. Shoreham-by-Sea to Eastbourne - Natural England’s coastal access report submitted to the Secretary of State on 27 September 2018;

• 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 on 30 January 2019.

In this notice – “representation” means a representation about the coastal access report which is made under paragraph 7 of the Schedule.

2. Secretary of State’s approval of coastal access proposals

The Secretary of State has determined to approve the proposals set out in the coastal access report so far as they relate to those parts of the route (and associated coastal margin) in relation to which no objections were made.

The conclusions and observations of the Secretary of State in relation to the representations are set out in 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 on 30 January 2019
• c. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 30 January 2019

Natural England has also made available here: Shoreham-by-Sea to Eastbourne – the coastal access report.

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.

3.1 Representation No. MCA\ Shoreham to Eastbourne\R\5\SEB1264

Name of representation: The Ramblers’ Association

Report chapter and route section(s):

• Chapter 3
• SEB-3-S046 to SEB-3-S049

Secretary of State’s conclusion and observation:

Secretary of State notes that the route between sections SEB-3-S046 and SEB-3-S049 follows an existing walked line and that the risk of the cliff edge is evident along this stretch of coast, and Natural England’s intention to revisit management plans with East Sussex County Council prior to the path’s opening. Considers that the rollback provisions within the Marine and Coastal Access Act 2009 may be used if there is any further erosion of the coastal route.

3.2 Representation No. MCA\ Shoreham to Eastbourne\R\7\SEB0256

Name of representation: West Sussex County Council

Report chapter and route section(s):

• Chapter 1
• SEB-1-S001 to SEB-1-S042

Secretary of State’s conclusion and observation:

Secretary of State notes representation and Natural England’s comments on specific points as relevant to this route. Notes in particular that Coastal Access Rights do not prevent development by the landowner, and that changes to the route here would require a Variation Report to be provided to the Secretary of State, with an additional associated consultation period.

Also notes in particular that all historic designations were reviewed along the stretch with officers from Historic England during the proposals’ development and no concerns were raised in relation to the area. Notes Natural England’s intention to work closely with West Sussex County Council on issues of establishment, and encourages this close working.

3.3 Representation No. MCA\ Shoreham to Eastbourne\R\11\SEB0024

Name of representation: Royal Society for the Protection of Birds

Report chapter and route section(s):

• All chapters
• N/A

Secretary of State’s conclusion and observation:

Secretary of State notes representation which supports Natural England’s overall proposals. Notes Natural England’s confirmation that it does display restrictions given under the Countryside and Rights of Way Act 2000 on its website but that this was never intended to be displayed on Magic.gov.

Notes that Natural England has no plans at the present for a mobile application for the ECP, but that the situation will remain under review.

3.4 Representation No. MCA\ Shoreham to Eastbourne\R\1\SEB0035

Name of representation: Brighton Marina Co Ltd

Report chapter and route section(s):

• Chapter 1
• SEB-2-S029 to SEB-2-S033

Secretary of State’s conclusion and observation:

Secretary of State notes representation. Notes that Coastal Access Rights do not prevent development by the landowner, and that changes to the route here would require a Variation Report to be provided to the Secretary of State, with an additional associated period of consultation.

3.5 Representation No. MCA\ Shoreham to Eastbourne\R\2\SEB1256

Name of representation: Newhaven Town Council

Report chapter and route section(s):

• Chapter 3
• SEB-3-SO53, SO54, SO55 and SO56FW

Secretary of State’s conclusion and observation:

Secretary of State notes representation which supports the inclusion of additional landward coastal margin.

3.6 Representation No. MCA\ Shoreham to Eastbourne\R\3\SEB1256

Name of representation: Newhaven Town Council

Report chapter and route section(s):

• Chapter 3
• SEB-3-SO71 RD to SEB-3-SO78 FP

Secretary of State’s conclusion and observation:

Secretary of State notes that the Mill Creek route was considered by Natural England but that the proposed route, which is a well-established beach path, is closer to the coast and considered to strike a fairer balance as described in chapter 4 of the Coastal Access Scheme. Notes that future variation may be required to the route following development of the area, requiring a variation report to be provided to the Secretary of State, and an additional associated consultation period. Notes that the Ouse Valley Nature Reserve is too far from the proposed trail for it to be considered coastal margin.

3.7 Representation No. MCA\ Shoreham to Eastbourne\R\4\SEB1256

Name of representation: Newhaven Town Council

Report chapter and route section(s):

• Chapter 3
• SEB-3-SO58 to SEB-3-SO64FW

Secretary of State’s conclusion and observation:

Secretary of State notes representation in support of Natural England’s proposed ordinary route. Notes that the alternative route is intended for use when the ordinary route is unavailable due to periodic flooding.

3.8 Representation No. MCA\ Shoreham to Eastbourne\R\6\SEB0037

Name of representation: Barons Bay Ltd

Report chapter and route section(s):

• Chapter 3
• SEB-3-S058

Secretary of State’s conclusion and observation:

Secretary of State notes that the trail will be separated from boating equipment by a harbour wall. Notes that the proposed route is already well used.

Also notes that Coastal Access Rights do not prevent development by the land owner, and that changes to the route here would require a Variation Report to be provided to the Secretary of State, with an additional associated consultation period

3.9 Representation No. MCA\ Shoreham to Eastbourne\R\8\SEB1276

Name of representation: Brighton & Lewes Downs Biosphere Partnership

Report chapter and route section(s):

• All chapters
• SEB-3-S082 FP, SEB-2-S032 to SEB-2-S049

Secretary of State’s conclusion and observation:

Secretary of State notes representation which supports Natural England’s overall proposals. Notes Natural England would welcome discussions on coherent signage on the relevant part of the route, and on supporting the development of participatory interpretation along the undercliff.

3.10 Representation No. MCA\ Shoreham to Eastbourne\R\9\SEB1282

Name of representation: Private Individual

Report chapter and route section(s):

• Chapter 3
• SEB-3-S073 to SEB-3-S082

Secretary of State’s conclusion and observation:

Secretary of State notes that future developments were considered at the time and were taken into account, and that Natural England will seek early discussion with the Port Authority and East Sussex County Council to incorporate the England Coast Path route within future plans.

Notes that the ‘employment zone’ works are judged as unlikely to affect the proposed works, and that any changes to the route here would require a Variation Report to be provided to the Secretary of State, with an additional associated consultation period.

3.11 Representation No. MCA\ Shoreham to Eastbourne\R\10\SEB0026

Name of representation: Sussex Wildlife Trust

Report chapter and route section(s): All

Secretary of State’s conclusion and observation:

Secretary of State recognises the importance of vegetated shingle as a priority habitat and notes that Natural England have considered the direct and indirect impact of the proposed trail on the habitat.

Notes that as the route follows existing routes, it will not significantly alter the impact on the environment, and that East Sussex County Council’s Ecologist has indicated that there is already adequate on-site interpretation. Notes that Natural England will continue to engage with the Ecologist, and will consider further appropriate opportunities for signage and interpretation along the trail.