Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: St Mawes to Cremyll (lengths SMC1 and SMC3 to SMC8)
Updated 23 April 2021
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Introduction
On 20 June 2019 Natural England submitted a coastal access report relating to the stretch of land between St Mawes and Cremyll (“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”).
This determination relates only to lengths SMC1 and SMC3 to SMC8. The proposals within length report SMC2 will be determined separately.
In reaching his determination under section 52 of the 1949 Act the Secretary of State has considered:
- a. St Mawes to Cremyll - Natural England’s coastal access report submitted to the Secretary of State on 20 June 2019
- 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 4 October 2019.
In this notice –
(a) “objection” means an objection about the coastal access report which is made under paragraph 3 of the Schedule
(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 in full those proposals for the route and associated coastal margin as set out in the coastal access length reports SMC1, SMC3, SMC4, SMC5, SMC7 and SMC8, 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 determined to approve with modification the proposal for the route and associated coastal margin as set out in the coastal access length report SMC6, in relation to which no objections were made.
Where proposals are approved with modification, 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. 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 4 October 2019
- c. summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 4 October 2019
Natural England has also made available here:
- d. St Mawes to Cremyll - the coastal access report
Annex A: conclusions and observations on representations without modifications
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/SMC1/R/1/SMC2580
Name of representation: [Redacted] Cornwall Countryside Access Forum (CCAF)
Report chapter and route section(s):
- chapter 1
- SMC-1-S002 to SMC-1-S003
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals. Notes Natural England’s commitment to review the trail alignment if the ferry service becomes unsuitable.
Representation No. MCA/SMC1/R/2/SMC2580
Name of representation: [Redacted] Cornwall Countryside Access Forum (CCAF)
Report chapter and route section(s):
- chapter 1
- SMC-1-S012
Secretary of State’s conclusion and observation: Secretary of State notes Natural England’s reasoning for aligning the trail along the existing South West Coast Path, and recognises concerns raised by the Access Authority regarding maintenance costs of the suggested alternative. Satisfied that other options were fully considered during development of proposals.
Representation No. MCA/SMC1/R/3/SMC2580
Name of representation: [Redacted] Cornwall Countryside Access Forum (CCAF)
Report chapter and route section(s):
- chapter 1
- SMC-1-S102 to SMC-1-S103
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals in this area.
Representation No. MCA/SMC1/R/7/SMC2588
Name of representation: [Redacted] Ramblers’ Association Cornwall
Report chapter and route section(s):
- chapter 1
- SMC-1-S002 to SWC-1-S003 and SMC-1-S013
Secretary of State’s conclusion and observation: Secretary of State notes that a route around the Percuil River is impractical at the present time. Notes Natural England’s commitment to review trail alignment should the ferry service become unsuitable.
Secretary of State is grateful for the clarification regarding the route of the South West Coast Path in this area and notes Natural England’s correction. Notes the proposed trail alignment follows a public footpath, is closer to the sea and complies with the wishes of the landowner.
Representation No. MCA/SMC3/R/1/SMC2580
Name of representation: [Redacted] Cornwall Countryside Access Forum
Report chapter and route section(s):
- chapter 3
- SMC-3-S072 to SMC 3-S075
Secretary of State’s conclusion and observation: Secretary of State notes the reasons set out by Natural England and recognises that a route through the holiday park is impractical and would not significantly enhance the trail. Notes the proposals follow the existing South West Coast Path. Satisfied that other options were fully considered during development of proposals.
Representation No. MCA/SMC3/R/3/SMC2588
Name of representation: [Redacted] Ramblers Association Cornwall
Report chapter and route section(s):
- chapter 3
- SMC-3-S069 to SMC 3-S080
Secretary of State’s conclusion and observation: Secretary of State notes the reasons set out by Natural England and recognises that a route through the holiday park is impractical and would not significantly enhance the trail. Notes the proposals follow the existing South West Coast Path. Satisfied that other options were fully considered during development of proposals.
Representation No. MCA/SMC4/R/1/SMC2580
Name of representation: [Redacted] Cornwall Countryside Access Forum
Report chapter and route section(s):
- chapter 4
- SMC-4-S031 to SMC-4-S033
Secretary of State’s conclusion and observation: Secretary of State notes reasons set out by Natural England and recognises that a more seaward route would not significantly enhance the existing South West Coast Path. Notes significant erosion events render the suggested route less suitable, and that the headland will nonetheless be available as coastal margin.
Representation No. MCA/SMC4/R/2/SMC2580
Name of representation: [Redacted] Cornwall Countryside Access Forum
Report chapter and route section(s):
- chapter 4
- SMC-4-S052 to SMC-4-S054
Secretary of State’s conclusion and observation: Secretary of State notes that routing the trail around Appletree Point would not significantly enhance the existing South West Coast Path. Notes that the headland will be available as coastal margin.
Representation No. MCA/SMC6/R/1/SMC2580
Name of representation: [Redacted] Cornwall Countryside Access Forum
Report chapter and route section(s):
- chapter 6
- SMC-6-S013
Secretary of State’s conclusion and observation: Secretary of State notes reasoning set out by Natural England. Recognises a route off the road is not possible and is satisfied that other options were fully considered during development of proposals. Notes the Highways Authority has not raised concerns regarding the proposals. Notes the proposals follow the existing South West Coast Path.
Representation No. MCA/SMC6/R/2/SMC2580
Name of representation: [Redacted] Cornwall Countryside Access Forum
Report chapter and route section(s):
- chapter 6
- SMC-6-S058 to SMC-6-S072
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals in this area.
Representation No. MCA/SMC6/R/7/SMC2588
Name of representation: [Redacted] Ramblers Association Cornwall
Report chapter and route section(s):
- chapter 6
- SMC-6-S058 to SMC-6-S072
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals in this area.
Representation No. MCA/SMC6/R/8/SMC0989
Name of representation: [Redacted]
Report chapter and route section(s):
- chapter 6
- SMC-6-S002 to SMC-6-S003
Secretary of State’s conclusion and observation: Secretary of State is grateful for the representation. Notes Natural England’s undertaking to pass comments on to Ordnance Survey.
Representation No. MCA/SMC7/R/1/SMC2580
Name of representation: [Redacted] Cornwall Countryside Access Forum
Report chapter and route section(s):
- chapter 7
- SMC-7-S003 to SMC-7-S014
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals. Notes Natural England’s commitment to work with the Access Authority and make sure signage is appropriate.
Representation No. MCA/SMC7/R/2/SMC2580
Name of representation: [Redacted] Cornwall Countryside Access Forum
Report chapter and route section(s):
- chapter 7
- SMC-7-S057
Secretary of State’s conclusion and observation: Secretary of State recognises Natural England has worked to route the trail off the Military Road as much as possible but notes this was not possible along SMC-7-S057. Further notes the proposed route follows the existing South West Coast Path, and that the Highways Authority has not raised any concerns regarding the proposals.
Representation No. MCA/SMC7/R/5/SMC2588
Name of representation: [Redacted] Ramblers Association Cornwall
Report chapter and route section(s):
- chapter 7
- SMC-7-S043 to SMC-7-S046
Secretary of State’s conclusion and observation: Secretary of State acknowledges this was not clearly addressed in the report. Notes Natural England’s clarification that the South West Coast Path route through Tregantle Fort is on a permissive basis, and that Natural England is legally prevented from routing the England Coast Path trail through Ministry of Defence land in the same way.
Secretary of State notes and understands Natural England’s intention to maintain the existing permissive South West Coast Path route through Tregantle Fort, and not to align it with the England Coast Path route in a later variation report.
Representation No. MCA/SMC1/R/5/SMC2717 and MCA/SMC1/R/8/SMC2321
Name of representation: [Redacted] South West Coast Path and Gerrans Parish Council
Report chapter and route section(s):
- chapter 1
- SMC-1-S012 to SWC-1-S013
Secretary of State’s conclusion and observation: Secretary of State notes Natural England’s reasoning for aligning the trail along the existing South West Coast Path, and recognises concerns raised by the Access Authority regarding maintenance costs of the suggested alternative. Satisfied that other options were fully considered during development of proposals and that realigning the route would not significantly improve the trail.
Representation No. MCA/Whole Stretch/R/1/SMC2715
Name of representation: [Redacted]
Report chapter and route section(s):
- chapter 1 and 3-8
- Whole stretch (Secretary of State comments pertain to lengths SMC1 and SMC3 to SMC8 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.
Representation No. MCA/SMC1/R/4/SMC2717
Name of representation: [Redacted] South West Coast Path Association
Report chapter and route section(s):
- chapter 1
- SMC-1-S002 to SWC-1-S003
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals. Notes Natural England’s commitment to review the trail alignment if the St Mawes to Place ferry service becomes unsuitable.
Representation No. MCA/SMC1/R/6/SMC2717
Name of representation: [Redacted] South West Coast Path Association
Report chapter and route section(s):
- chapter 1
- SMC-1-S102 to SWC-1-S103
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposal in this area.
Representation No. MCA/SMC1/R/8/SMC2321**
**note this forms part of the same representation above submitted by Gerrans Parish Council, where it is considered together with MCA/SMC1/R/5/SMC2717
Name of representation: [Redacted] Gerrans Parish Council
Report chapter and route section(s):
- chapter 1
- SMC-1-S007 to SWC-1-S010
Secretary of State’s conclusion and observation: Secretary of State notes Natural England’s conclusion that aligning the trail along the sea wall at Place House would be unsafe or mean routing through excepted land.
Representation No. MCA/SMC3/R/2/SMC2717
Name of representation: [Redacted] South West Coast Path Association
Report chapter and route section(s):
- chapter 3
- SMC-3-S072 to SMC 3-S075
Secretary of State’s conclusion and observation: Secretary of State notes the reasons set out by Natural England and recognises that a route through the holiday park is impractical and would not significantly enhance the trail. Satisfied that other options were fully considered during development of proposals.
Representation No. MCA/SMC4/R/3/SMC2717
Name of representation: [Redacted] South West Coast Path Association
Report chapter and route section(s):
- chapter 4
- SMC-4-S031 to SMC-4-S033
Secretary of State’s conclusion and observation: Secretary of State notes reasons set out by Natural England and recognises a more seaward route would not significantly enhance the existing South West Coast Path. Notes significant erosion events render the suggested route unsuitable, and that the headland will nonetheless be available as coastal margin.
Representation No. MCA/SMC4/R/4/SMC2717
Name of representation: [Redacted] South West Coast Path Association
Report chapter and route section(s):
- chapter 4
- SMC-4-S052 to SMC-4-S054
Secretary of State’s conclusion and observation: Secretary of State notes that routing the trail around Appletree Point would not significantly enhance the existing South West Coast Path. Notes that the headland will be available as coastal margin.
Representation No. MCA/SMC6/R/3/SMC2717 and MCA/SMC6/R/5/SMC2615
Name of representation: South West Coast Path Association and [redacted]
Report chapter and route section(s):
- chapter 6
- SMC-6-S013
Secretary of State’s conclusion and observation: Secretary of State notes reasoning set out by Natural England. Recognises a route off the road is not possible and is satisfied that other options were fully considered during development of proposals. Notes the Highways Authority has not raised any concerns regarding the proposals. Notes the proposals follow the existing South West Coast Path.
Representation No. MCA/SMC6/R/4/SMC2717
Name of representation: [Redacted] South West Coast Path Association
Report chapter and route section(s):
- chapter 6
- SMC-6-S058 to SMC-6-S072
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals in this area.
Representation No. MCA/SMC7/R/3/SMC2717
Name of representation: [Redacted] South West Coast Path Association
Report chapter and route section(s):
- chapter 7
- SMC-7-S003 to SMC-7-S014
Secretary of State’s conclusion and observation: Secretary of State welcomes support for Natural England’s proposals. Notes Natural England’s commitment to work with the Access Authority and make sure signage is appropriate.
Representation No. MCA/SMC7/R/4/SMC2717
Name of representation: [Redacted] South West Coast Path Association
Report chapter and route section(s):
- chapter 7
- SMC-7-S057
Secretary of State’s conclusion and observation: Secretary of State recognises Natural England has worked to route the trail off the Military Road as much as possible but notes this was not possible along SMC-7-S057. Notes the proposals follow the existing South West Coast Path, and the Highways Authority has not raised any concerns regarding the proposals.
Annex B: conclusions and observations on representations with modifications
Representation No. MCA/SMC6/R/6/SMC2588
Name of representation: [Redacted] Ramblers Association Cornwall
Report chapter and route section(s):
- chapter 6
- SMC-6-S027 to SMC-6-S028
Secretary of State’s conclusion and observation: Secretary of State thanks the Ramblers for raising this issue and notes Natural England is supportive of adding roll back to SMC-6-S027 and SMC-6-S028. Notes the affected landowner, Cornwall Council, is content for roll back to be added.
In view of this, Secretary of State approves the proposals subject to modification in relation to route sections SMC-6-S027 and SMC-6-S028. The modification is to add roll back, allowing for the path to move back in response to future erosion without being subject to a variation report and associated consultation period.