Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Shotley Gate to Felixstowe Ferry, lengths SGF1 and SGF3
Updated 31 August 2021
Applies to England
© Crown copyright 2021
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Introduction
On 15 January 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Shotley Gate and Felixstowe Ferry 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 SGF1 and SGF3. The proposals within length reports SGF2, SGF4 and SGF5 have already been approved. In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Shotley Gate to Felixstowe Ferry - Natural England’s compendium of coastal access reports submitted to the Secretary of State on 15 January 2020;
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 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;
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 22 June 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 with modification those proposals for the route and associated coastal margin as set out in the coastal access report.
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 objections set out at Annex A to this notice, the Secretary of State determines that with the proposed modifications incorporated, 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. They therefore approve the proposals set out in the coastal access report, with the relevant modification, so far as they relate to those parts of the route (and associated coastal margin) to which those 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 15 January 2020; and
d. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 15 January 2020.
Natural England has also made available here:
e. Shotley Gate to Felixstowe Ferry: the compendium of coastal access reports.
Annex A: objections which did not fail to strike a ‘fair balance’
Objection Reference: MCA/SGF1/0/1
The objection relates to route sections SGF-1-S045 to SGF-1-S054 and concerns the Woolverstone Marina. Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to report SGF1.
Objection Reference: MCA/SGF3/0/1
The objection relates to route sections SGF-3-S008 to SGF-3-S019 and concerns the area around the Orwell Park Estate. Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to report SGF3 subject to the modifications as agreed between Natural England and the landowner.
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/SGF Stretch/R/3/SGF0004
Name of representation: CLA
Report Chapter and route section(s):
Whole Report (note that Secretary of State comments pertain to lengths SGF1 and SGF3 only)
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and is satisfied that Natural England has given due consideration to all relevant criteria in proposing this route for SGF2, SGF4 and SGF5.
Is content that the most appropriate route has been proposed in this area and that the proposals will provide clear, secure, well signed and well managed public access.
Representation No. MCA/SGF Stretch/R/4/SGF1810
Name of representation: Suffolk County Council
Report Chapter and route section(s):
Whole Report (note that Secretary of State comments pertain to lengths SGF1 and SGF3 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation, which is supportive of the proposals.
Notes Natural England’s commitment to ongoing discussion with the council on maintenance funding.
Representation No. MCA/SGF Stretch/R/1/SGF1255
Name of representation: Ramblers Association (Suffolk Branch)
Report Chapter and route section(s):
Whole Report (note that Secretary of State comments pertain to lengths SGF1 and SGF3 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the Suffolk branch of the Ramblers Association, which is supportive of the proposals.
Representation No. MCA/SGF Stretch/R/2/SGF1838
Name of representation: Suffolk Local Access Forum
Report Chapter and route section(s):
Whole Report (note that Secretary of State comments pertain to lengths SGF1 and SGF3 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the Suffolk Local Access Forum, which is supportive of the proposals.
Representation No. MCA/SGF1/R/3/SGF0008
Name of representation: Disabled Ramblers
Report Chapter and route section(s):
Report SGF 1: All route sections generally.
Map SGF 1a: Shotley Marina SGF-1-S007 to SGF-1-S0012 and SGF-1-A001
Map SGF 1g: Freston Hill SGF-1-S062 to SGF-1-S064
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and encourages Natural England to work with Access Authorities and the Disabled Ramblers to increase the accessibility of the trail where possible and avoid infrastructure being the limiting factor for users with mobility issues.
Representation No. MCA/SGF1R/1/SGF0922 and MCA/SGF1/R/2/SGF0545
Name of representation: [REDACTED] Orwell Park
Report Chapter and route section(s):
Whole Report (note that Secretary of State comments pertain to lengths SGF1 and SGF3 only)
Secretary of State’s conclusion and observation:
Secretary of State agrees with Natural England that each report in a stretch should be considered legally separate. As such, reports with no objections against them can be determined by the Secretary of State without regard to objections attached to other reports.
Representation No. MCA/SGF1R/1/SGF0922
Name of representation: Private individual
Report Chapter and route section(s):
Sections; SGF-1- S065FW to SGF-1-S070 and SGF-1-S071 to Orwell Bridge
Secretary of State’s conclusion and observation:
Secretary of State acknowledges the representation and is content that the proposals are appropriate.
Representation No. MCA/SGF3/R/1/SGF0008
Name of representation: Disabled Ramblers
Report Chapter and route section(s):
Map SGF 3a Bridge Wood to Priory Park
Map SGF 3b Priory Park to Shore Lane, Nacton
Secretary of State’s conclusion and observation:
Secretary of State acknowledges the representation and welcomes Natural England’s commitment to work with the access authority to ensure disabled users are considered in the establishment of the path.