Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Silverdale to Cleveleys, lengths SDC2, SDC4 and SDC6
Updated 27 July 2023
Applies to England
© Crown copyright 2023
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This publication is available at https://www.gov.uk/government/publications/coastal-access-section-52-notice-for-silverdale-to-cleveleys/notice-by-the-secretary-of-state-under-section-52-of-the-national-parks-and-access-to-the-countryside-act-1949-silverdale-to-cleveleys-lengths-sdc2
Introduction
On 8 January 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Silverdale and Cleveleys 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 reports SDC2, SDC4 and SDC6. The proposals within length reports SDC1, SDC3 and SDC5 will be determined separately.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
- a. Silverdale to Cleveleys length reports SDC2, SDC4 and SDC6 – part of Natural England’s coastal access report compendium for Silverdale to Cleveleys submitted to the Secretary of State on 8 January 2020;
- 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 28 April 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 in full those proposals for the route and associated coastal margin as set out in length reports SDC2, SDC4 and SDC6, in relation to which no objections were made.
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 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 28 April 2020; and
- c. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 28 April 2020.
Natural England has also made available here:
- d. Silverdale to Cleveleys - the compendium of coastal access reports.
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.
Representation No. MCA/SDC(W)/R/1/1599
Name of representation:
Environment Agency
Length Report and route section(s):
Whole stretch (note Secretary of State comments pertain to length reports SDC2, SDC4 and SDC6 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals and is satisfied that Natural England has fully considered the impact on local wildlife sites. Notes Natural England’s expectation that Lancashire County Council will liaise with relevant authorities before and during establishment works.
Representation No. MCA/SDC(W)/R/3/1606
Name of representation:
RSPB
Length Report and route section(s):
Whole stretch (note Secretary of State comments pertain to length reports SDC2, SDC4 and SDC6 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposed access exclusions within SDC2.
Representation No. MCA/SDC(W)/R/5/0019
Name of representation:
Ramblers
Length Report and route section(s):
Whole stretch (note Secretary of State comments pertain to length reports SDC2, SDC4 and SDC6 only)
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s reasoning for its use of directions. Considers that directions have been applied appropriately and with due consideration to walkers, wildlife and other interested parties. Notes Natural England’s view that its proposed access exclusion does not overlap with CROW s15 land.
Representation No. MCA/SDC(W)/R/6/0016
Name of representation:
Open Spaces Society
Length Report and route section(s):
Whole stretch (note Secretary of State comments pertain to length reports SDC2, SDC4 and SDC6 only)
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s reasoning for its use of directions. Considers that directions have been applied appropriately and with due consideration to walkers, wildlife and other interested parties. Notes Natural England’s view that its proposed access exclusion does not overlap with CROW s15 land.
Representation No. MCA/SDC(W)/R/2/1596
Name of representation:
Disabled Ramblers
Length Report and route section(s):
Whole stretch (note Secretary of State comments pertain to length reports SDC2, SDC4 and SDC6 only)
Secretary of State’s conclusion and observation:
Secretary of State encourages Natural England to work with Lancashire County Council 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/SDC(W)/R/4/0171
Name of representation:
United Utilities
Length Report and route section(s):
Whole stretch (note Secretary of State comments pertain to length reports SDC2, SDC4 and SDC6 only)
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s confirmation that its proposals do not pose a significant risk to United Utilities’ operations.
Representation No. MCA/SDC2/R/2/0019
Name of representation:
Ramblers
Length Report and route section(s):
Length Report 2, SDC-2-S006
Secretary of State’s conclusion and observation:
Secretary of State welcomes general support for Natural England’s proposals. Notes the route at SDC-2-S006 follows the seaward edge of the field at the landowner’s request.
Representation No. MCA/SDC2/R/3/0016
Name of representation:
The Open Spaces Society
Length Report and route section(s):
Length Report 2, SDC-2-S006
Secretary of State’s conclusion and observation:
Secretary of State welcomes general support for Natural England’s proposals. Notes the route at SDC-2-S006 follows the seaward edge of the field at the landowner’s request.
Representation No. MCA/SDC2/R/4/0040
Name of representation:
EDF Energy
Length Report and route section(s):
Length Report 2, SDC-2-S053 to SDC-2-S072
Secretary of State’s conclusion and observation:
Secretary of State is satisfied Natural England has chosen the most appropriate route in this area. Encourages ongoing close cooperation between Natural England and EDF Energy. Welcomes Natural England’s commitment to seek EDF Energy’s agreement before starting any planned establishment works on its landholding. Notes Natural England’s reassurance that walkers will be guided linearly along the path and that Lancashire County Council will be responsible for maintenance of the trail.
Representation No. MCA/SDC2/R/5/1503
Name of representation:
Historic England
Length Report and route section(s):
Length Report 2, SDC-2-S026 and SDC-2-S027
Secretary of State’s conclusion and observation:
Secretary of State thanks Historic England for confirming Natural England’s proposals will not affect the cited scheduled monuments.
Representation No. MCA/SDC2/R/1/1414
Name of representation:
Bolton-le-Sands Parish Council
Length Report and route section(s):
Length Report 2, SDC-2-S001 to SDC-2-S006
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s response to the points raised.
Representation No. MCA/SDC4/R/2/1431
Name of representation:
Lancashire County Councillor
Length Report and route section(s):
Length Report 4, SDC-4-S011 to SDC-4-S014
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s reasoning for including the access exclusion and is satisfied that it is appropriate. Is satisfied Natural England performed a full consultation in line with the approach set out in the approved Coastal Access Scheme.
Representation No. MCA/SDC4/R/3/0019
Name of representation:
Ramblers
Length Report and route section(s):
Length Report 4, SDC-4-S001 to SDC-4-S020
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/SDC4/R/4/0016
Name of representation:
The Open Spaces Society
Length Report and route section(s):
Length Report 4, SDC-4-S001 to SDC-4-S020
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/SDC4/R/5/1503
Name of representation:
Historic England
Length Report and route section(s):
Length Report 4, SDC-4-S016 to SDC-4-S020
Secretary of State’s conclusion and observation:
Secretary of State thanks Historic England for confirming Natural England’s proposals will not affect the cited scheduled monument.
Representation No. MCA/SDC4/R/1/1603
Name of representation:
Private individual
Length Report and route section(s):
Length Report 4, SDC-4-S011 to SDC-4-S014
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s reasoning for including the access exclusion and is satisfied that it is appropriate. Notes that any pre-existing rights of access which do not derive from the Countryside and Rights of Way Act (2000) will be unaffected by the exclusion. Is satisfied Natural England performed a full consultation in line with the approach set out in the Approved Scheme.
Representation No. MCA/SDC4/R/6/1422
Name of representation:
Thurnham Parish Council
Length Report and route section(s):
Length Report 4, not specified but taken to be SDC-4-S011 to SDC-4-S015
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s reasoning for including the access exclusion and is satisfied that it is appropriate. Notes that the proposed access exclusion would not affect any future new public right of way in this area.
Representation No. MCA/SDC6/R/1/0019
Name of representation:
Ramblers
Length Report and route section(s):
Length Report 6, SDC-4-S001 to SDC-4-S054
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.
Representation No. MCA/SDC6/R/2/0016
Name of representation:
The Open Spaces Society
Length Report and route section(s):
Length Report 6, SDC-4-S001 to SDC-4-S054
Secretary of State’s conclusion and observation:
Secretary of State welcomes support for Natural England’s proposals.