Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Silecroft to Silverdale, length SCS6
Updated 16 July 2024
Applies to England
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This publication is available at https://www.gov.uk/government/publications/coastal-access-section-52-notice-for-silecroft-to-silverdale/notice-by-the-secretary-of-state-under-section-52-of-the-national-parks-and-access-to-the-countryside-act-1949-silecroft-to-silverdale-length-scs6
Introduction
On 8 January 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of coast between Silecroft to Silverdale 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 only relates to length SCS6. The proposal for length SCS1 was approved on 12th November 2022 and the proposals for lengths SCS2, SCS3 and SCS4 were approved on 20th October 2022. The proposal covering the remainder of the route, SCS5, is yet to be determined.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Silecroft to Silverdale length report SCS6 – part of Natural England’s coastal access report compendium for Birkenhead to the Welsh Border submitted to the Secretary of State on 8 January 2020
b. in accordance with paragraph 16(1)(a) of the Schedule, the objections which the appointed person determined to be an admissible objection
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 objections which the appointed person determined to be an admissible objection
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 in March 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 length report SCS6.
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 report so far as they relate to those parts of the route (and associated coastal margin) to which the objection relates.
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.
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 in June 2020
d. summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State in March 2020
Natural England has also made available here:
e. Silecroft to Silverdale - the compendium of coastal access reports
Annex A: Objections which did not fail to strike a “fair balance”
Objection Reference: MCA/SCS6/O/1/0062
The land in the Report to which the objection relates are route sections SCS-6-S025 to SCS-6-S032. The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to this route section.
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 ID: MCA/SCS6/R/18/3229
Organisation/ person making representation: Ramblers – [redacted]
Route section(s) specific to this representation: Full report
Secretary of State’s conclusion and observation:
The Secretary of State acknowledges the Ramblers’ endorsement of certain sections of the coastal path route, while also recognising their reservations about other sections. Specifically, the concerns raised regarding environmental preservation, protection of sensitive areas, maintenance of coastal views, and transportation options. However, the Secretary of State concurs with Natural England’s approach, recognising their commitment to monitoring transportation options and reviewing coastal path conditions and making adjustments if necessary.
Representation ID: MCA/SCS6/R/19/0016
Organisation/ person making representation: Open Spaces Society – [redacted]
Route section(s) specific to this representation: Full report
Secretary of State’s conclusion and observation:
The Secretary of State notes the representation’s concerns regarding the proposed route’s termination at Grange-over-Sands and Arnside railway stations, advocating for a continuous path around the Kent Estuary. However, the Secretary of State supports Natural England’s decision, acknowledging the challenges posed by establishing a continuous route around the Kent Estuary, while also noting their commitment to monitor the reliability of the train service and reassess the route if convenience declines.
Representation ID: MCA/SCS6/R/1/3449
Organisation/ person making representation: [redacted]
Route section(s) specific to this representation: Train service between Arnside and Grange-over-Sands
Secretary of State’s conclusion and observation:
The Secretary of State notes the representation’s suggestion for a continuous route around the Kent Estuary. However, the Secretary of State supports Natural England’s rationale for not pursuing a continuous route due to anticipated challenges and costs, while acknowledging their commitment to reassess if train service convenience declines.
Representation ID: MCA/SCS6/R/2/0042
Organisation/ person making representation: Beetham Parish Council – [redacted]
Route section(s) specific to this representation: Upper Kent Estuary
Secretary of State’s conclusion and observation:
The Secretary of State notes the representation’s suggestion for a continuous route around the Kent Estuary. However, the Secretary of State supports Natural England’s response, recognising that the proposed route aligns with the Coastal Access Scheme, and the possibility of proposing a variation to the approved route in the future.
Representation ID: MCA/SCS6/R/3/3454
Organisation/ person making representation: [redacted]
Name of site: Road near Holgate’s Caravan Park
Report map reference: Not specified
Route sections on or adjacent to the land: SCS-6-S048 to S063
Other reports within stretch to which this representation also relates: N/A
Secretary of State’s conclusion and observation:
The Secretary of State notes the representation’s concerns about the proposed route following a road with considerable traffic volume. However, the Secretary of State supports Natural England’s assessment that the proposed route was chosen to avoid environmentally sensitive areas and Cumbria Highways officers have deemed the route safe.
Representation ID: MCA/SCS6/R/4/3455
Organisation/ person making representation: [redacted]
Name of site: Not specified
Report map reference: Not specified
Route sections on or adjacent to the land: SCS-6-S055 to S063
Other reports within stretch to which this representation also relates: N/A
Secretary of State’s conclusion and observation:
The Secretary of State notes the representation’s concerns regarding the proposed s25A exclusion southeast of Far Arnside. However, the Secretary of State supports Natural England’s approach of balancing accessibility with safety considerations and notes their consultation with bodies such as HM Coastguard and the Royal National Lifeboat Institution.
Representation ID: MCA/SCS6/R/5/3456
Organisation/ person making representation: Levens Parish Council – [redacted]
Name of site: Upper Kent Estuary
Report map reference: Between SCS6b & 6c
Route sections on or adjacent to the land: SCS-6-S008 & SCS-6S009
Other reports within stretch to which this representation also relates: N/A
Secretary of State’s conclusion and observation:
The Secretary of State notes Levens Parish Council’s representation and its disappointment regarding the absence of a continuous route around the upper Kent Estuary. However, the Secretary of State supports Natural England’s approach, affirming that the proposed route to Grange-over-Sands and Arnside railway stations aligns with the Coastal Access Scheme.
Representation ID: MCA/SCS6/R/6/0097
Organisation/ person making representation: Grange-over-Sands Town Council – [redacted]
Name of site: Kentsford Road to the coastal path, near Kents Bank
Report map reference: N/A
Route sections on or adjacent to the land: Not specified, but taken to be SCS-6-S002 onwards
Other reports within stretch to which this representation also relates: N/A
Secretary of State’s conclusion and observation:
The Secretary of State notes Grange-Over-Sands Town Council’s representation and its request for a fully accessible path between Kentsford Road and the proposed main route. The Secretary of State also notes Natural England’s willingness to discuss this further in preparation for the establishment phase.
Representation ID: MCA/SCS6/R/7/3460
Organisation/ person making representation: [redacted]
Route section(s) specific to this representation: Areas of exclusion on the foreshore at Arnside to New Barns Bay and on the foreshore at Cove Well, Silverdale.
Other reports within stretch to which this representation also relates: SCS6a and SCS6d
Secretary of State’s conclusion and observation:
The Secretary of State notes the representation’s concerns regarding the consistency of proposals to exclude access under s25A of the Countryside and Rights of Way Act 2000 from areas of foreshore between Arnside and New Barns, as well as near Cove Well. However, the Secretary of State supports Natural England’s approach of balancing accessibility with safety considerations and notes their consultation with bodies such as HM Coastguard and the Royal National Lifeboat Institution.
Representation ID: MCA/SCS6/R/8/3256
Organisation/ person making representation: Arnside Parish Council – [redacted]
Report map reference: SCS 6c, 6d and 6e
Route sections on or adjacent to the land: SCS-6-S026 to SCS-6-S028, SCS-6-S040 FP and SCS-6-S044 FP, SCS-06-S049 to SCS-6-S059/S060
Other reports within stretch to which this representation also relates: N/A
Secretary of State’s conclusion and observation:
“The Secretary of State notes Arnside Parish Council’s representation, expressing a preference for a continuous route around the upper Kent Estuary. However, the Secretary of State supports Natural England’s approach, affirming that the proposed route to Grange-over-Sands and Arnside railway stations aligns with the Coastal Access Scheme while taking into account safety considerations.
Representation ID: MCA/SCS6/R/9/3462
Organisation/ person making representation: [redacted]
Name of site: Not specified
Report map reference: SCS6b, 6c, 6e
Route sections on or adjacent to the land: Proposed use of rail crossing between SCS-6-S008 and SCS-6-S009
Proposed route between SCS-6-S050RD and SCS-6-S051RD, and also SCS-6-S062
Other reports within stretch to which this representation also relates: N/A
Secretary of State’s conclusion and observation:
The Secretary of State notes the representation’s preference for a continuous route around the upper Kent Estuary. However, the Secretary of State supports Natural England’s approach, affirming that the proposed route to Grange-over-Sands and Arnside railway stations aligns with the Coastal Access Scheme while taking into account safety considerations.
Representation ID: MCA/SCS6/R/10/3463
Organisation/ person making representation: Arnside Ramblers – [redacted]
Name of site: Upper Kent Estuary
Report map reference: Between SCS6b & 6c
Route sections on or adjacent to the land: SCS-6-S008 and SCS-6-S009
Secretary of State’s conclusion and observation:
The Secretary of State notes the representation’s concerns regarding the suitability of the train service for walkers and the suggestions for improving safety on the Bela Road bridge, such as implementing a traffic light delay system. However, the Secretary of State supports Natural England’s assessment that the proposed route aligns with the Coastal Access Scheme while taking into account safety considerations.
Representation ID: MCA/SCS6/R/11/3466
Organisation/ person making representation: [redacted]
Name of site: Not specified
Report map reference: SCS6b, 6c and 6e
Route sections on or adjacent to the land: SCS-6-S008, SCS-6-S009, SCS-6-S048 to SCS-6-S055
Other reports within stretch to which this representation also relates: N/A
Secretary of State’s conclusion and observation:
The Secretary of State acknowledges the representation’s preference for a continuous route around the upper Kent Estuary and concerns over irregular train services and hazardous road conditions. However, the Secretary of State supports Natural England’s assessment that the proposed route aligns with the Coastal Access Scheme while taking into account safety considerations.
Representation ID: MCA/SCS6/R/12/3468
Organisation/ person making representation: [redacted]
Name of site: Rail crossing of the Kent and the road at Far Arnside
Report map reference: SCS6b, 6c, 6e
Route sections on or adjacent to the land: SCS-6-S008, SCS-6-S009, SCS-6-S048 to SCS-6-S055
Other reports within stretch to which this representation also relates: N/A
Secretary of State’s conclusion and observation:
The Secretary of State acknowledges the representation’s preference for a continuous route around the upper Kent Estuary and concerns over irregular train services and hazardous road conditions. However, the Secretary of State supports Natural England’s assessment that the proposed route aligns with the Coastal Access Scheme while taking into account safety considerations.
Representation ID: MCA/SCS6/R/13/3470
Organisation/ person making representation: [redacted] and [redacted]
Name of site: Upper Kent Estuary and Far Arnside to Cove Well
Report map reference: SCS6b, 6c, 6e and restriction map SCS6D
Route sections on or adjacent to the land: N/A
Other reports within stretch to which this representation also relates: (Silverdale to Cleveleys SDC1)
Secretary of State’s conclusion and observation:
The Secretary of State acknowledges the representation’s concerns regarding the route around the upper Kent Estuary and access exclusions. However, the Secretary of State supports Natural England’s assessment that the proposed route aligns with the Coastal Access Scheme while taking into account safety considerations.
Representation ID: MCA/SCS6/R/14/3472
Organisation/ person making representation: Silverdale Parish Council – [redacted]
Name of site: Kents Bank to Silverdale
Report map reference: Not specified
Route sections on or adjacent to the land: Whole of SCS6
Other reports within stretch to which this representation also relates: N/A
Secretary of State’s conclusion and observation:
The Secretary of State notes the representation’s concerns about inadequate consultation. However, the Secretary of State supports Natural England’s approach to planning the King Charles III England Coast Path which is in alignment with the approved Coastal Access Scheme.
Representation ID: MCA/SCS6/R/15/3474
Organisation/ person making representation: [redacted]
Name of site: Not specified
Report map reference: Directions maps SCS6C & 6D
Route sections on or adjacent to the land: SCS-6-S012 to S033 & SCS-6-S055 to S063
Other reports within stretch to which this representation also relates: N/A
Secretary of State’s conclusion and observation:
The Secretary of State acknowledges the concerns raised in the representation regarding access exclusion proposals and mapping inaccuracies. However, the Secretary of State supports Natural England’s approach of balancing accessibility with safety considerations and notes their consultation with bodies such as HM Coastguard and the Royal National Lifeboat Institution.
Representation ID: MCA/SCS6/R/16/3479
Organisation/ person making representation: [redacted]
Name of site: Arnside to Silverdale
Report map reference: Not specified
Route sections on or adjacent to the land: Not specified, but taken to be SCS-6-S009 to SCS-6-S063
Other reports within stretch to which this representation also relates: N/A
Secretary of State’s conclusion and observation:
The Secretary of State notes the representation advocating for increased accessibility along the King Charles III England Coast Path route and supports Natural England’s pledge to consider these concerns during the planning phase of the establishment works.
Representation ID: MCA/SCS6/R/17/3328
Organisation/ person making representation: Arnside & Silverdale AONB – [redacted]
Name of site: All land within AONB
Report map reference: SCS6c to 6e
Route sections on or adjacent to the land: Not specified, but taken to be SCS-6S009 to SCS-6-S063
Other reports within stretch to which this representation also relates: N/A
Secretary of State’s conclusion and observation:
The Secretary of State acknowledges Arnside and Silverdale National Landscape’s representation advocating for a continuous route around the upper Kent Estuary and their offer for ongoing collaboration. However, the Secretary of State supports Natural England’s proposals as they align with the approved Coastal Access Scheme’s recommendations.