Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: St Mawes to Cremyll, length SMC2

Updated 23 April 2021

Introduction

On 20 June 2019 Natural England submitted a compendium of coastal access reports relating to the stretch of land between St Mawes and Cremyll 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 length SMC2. The proposals within length reports SMC1 and SMC3 to SMC8 were determined separately on 6 March 2020.

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

• a. St Mawes to Cremyll length report SMC2 – part of Natural England’s compendium of coastal access reports submitted to the Secretary of State on 20 June 2019;
• b. in accordance with paragraph 16(1)(a) of the Schedule, the objection 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 objection 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 objection 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 on 07 October 2019.

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 those proposals for the route and associated coastal margin as set out in the coastal access report SMC2.

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 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 objection. 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.

The Secretary of State has made available at www.gov.uk:

• a. a copy of this notice;
• b. The report on the objection 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 07 October 2019; and
• d. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 07 October 2019.

Natural England has also made available here:

• e. St Mawes to Cremyll – the compendium of coastal access reports.

Annex A: objections which did not fail to strike a ‘fair balance’

Objection Reference: MCA/SMC2/0/1

The land in the Report to which the objection relates is route sections SMC-2-S094 to SMC-2-S097 (as shown on Map 2g). Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to route sections SMC-2-S094 to SMC-2-S097.

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/SMC2/R/1/SMC2580

Name of representation:

Cornwall Countryside Access Forum

Report Chapter and route section(s):

SMC-2-S031 and SMC-2-S032

Secretary of State’s conclusion and observation:

Secretary of State welcomes support for Natural England’s proposals.

Representation No. MCA/SMC2/R/2/SMC2580

Name of representation:

Cornwall Countryside Access Forum

Report Chapter and route section(s):

SMC-2-S085

Secretary of State’s conclusion and observation:

Secretary of State notes the representation and Natural England’s comments. Is satisfied Natural England fully explored options for changing the route in this area and expects possibilities for future improvement to be kept under review.

Representation No. MCA/SMC2/R/3/SMC2717

Name of representation:

South West Coast Path Association

Report Chapter and route section(s):

SMC-2-S031 and SMC-2-S032

Secretary of State’s conclusion and observation:

Secretary of State welcomes support for Natural England’s proposals.

Representation No. MCA/SMC2/R/4/SMC2717

Name of representation:

South West Coast Path Association

Report Chapter and route section(s):

SMC-2-S085

Secretary of State’s conclusion and observation:

Secretary of State notes the representation and Natural England’s comments. Is satisfied Natural England fully explored options for changing the route in this area and expects possibilities for future improvement to be kept under review.

Representation No. MCA/SMC2/R/1/SMC2715

Name of representation:

Private individual

Report Chapter and route section(s):

Whole stretch (note that Secretary of State’s comments pertain to length SMC2 only)

Secretary of State’s conclusion and observation:

Secretary of State notes that page 6 of the St Mawes to Cremyll Overview sets out that local trail names, including the South West Coast Path, will continue to be used on the ground.