Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Sutton Bridge to Skegness
Published 23 June 2022
Applies to England
© Crown copyright 2022
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/coastal-access-section-52-notice-for-sutton-bridge-to-skegness/notice-by-the-secretary-of-state-under-section-52-of-the-national-parks-and-access-to-the-countryside-act-1949-sutton-bridge-to-skegness
Introduction
On 24 January 2018 Natural England submitted a coastal access report relating to the stretch of land between Sutton Bridge and Skegness (“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”).
In reaching his determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Sutton Bridge to Skegness - Natural England’s coastal access report submitted to the Secretary of State on 24 January 2018; 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)(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 18 June 2018.
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 in full those proposals for the route and associated coastal margin as set out in the coastal access length reports for Sutton Bridge to Skegness.
In the respects specified in the objections 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 objections relate.
The additional conclusions and observations of the Secretary of State in relation to the representations are set out at Annex B to this notice.
These proposals are within the scope of the judgement by the Court of Justice of the European Union known as People over Wind (C-323/17), which concerned the approach to completing Habitats Regulations Assessments (HRAs). The judgement was passed after proposals for the Sutton Bridge to Skegness stretch were published but before they were approved by the Secretary of State.
To comply with the judgement, the Secretary of State asked Natural England to review its HRA for this stretch. In making their decision, the Secretary of State has taken the revised HRA into account. Representations and Natural England’s comments on them were made before the judgement was passed and should therefore be read in this context. The revised HRA and the representations are published alongside this notice.
The Secretary of State has made available at www.gov.uk a copy of this notice and the reports given to her by the appointed person. Natural England has also made available here:
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 18 June 2018 and
d. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 18 June 2018
Natural England has also made available here:
e. Sutton Bridge to Skegness - the coastal access report
Annex A: objections which did not fail to strike a “fair balance”
Objection Reference: MCA/Sutton Bridge to Skegness/1
The land in the report to which the objection relates lies within section SBS-3-S038 (as shown on Map 3m). 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 section SBS-3-S038.
Objection Reference: MCA/Sutton Bridge to Skegness/2
The land in the report to which the objection relates lies within sections SBS-2-S061 to SBS-2-S063 (as shown on Map 2m). 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 SBS-2-S061 to SBS-2-S063.
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\Sutton Bridge to Skegness\R\4\SBS0311
Organisation/person making representation:
Ramblers -Lincolnshire Area (South)
Chapter Report:
Chapters 1,2 & 3
Route Section(s):
Not specified
Secretary of State’s conclusion and observation:
Secretary of State welcomes The Ramblers’ support for the proposals.
Representation No. MCA\Sutton Bridge to Skegness\R\5\SBS0404
Organisation/person making representation:
Environment Agency
Chapter Report:
Chapters 2 & 4
Route Section(s):
SBS-2-S023 to SBS-2-S033, SBS-2-S046 to SBS-2-S062, SBS-4-S004 to SBS-4-S008
Secretary of State’s conclusion and observation:
Secretary of State notes that since proposals for Sutton Bridge to Skegness were published the Environment Agency has undertaken flood defence works and a temporary alternative route is no longer needed.
Notes the efforts of Natural England to identify the best possible route to link users to a foot crossing across the River Steeping whilst assessing impact upon the surrounding landscape and nature. Is satisfied the proposed route across the saltmarsh is appropriate.
Notes the Environment Agency’s query on who the responsible party is where maintenance of the path is concerned and notes Natural England’s clarification in their comments.
Representation No. MCA\Sutton Bridge to Skegness\R\6\SBS0434
Organisation/person making representation:
RSPB
Chapter Report:
Whole report
Route Section(s):
Not specified
Secretary of State’s conclusion and observation:
Secretary of State notes the RSPB’s concerns regarding disturbance, including on sections which are not existing public rights of way. Welcomes Natural England’s assurance that monitoring will be in place. Encourages Natural England’s offer to work with the RSPB to monitor disturbance.
Notes Natural England’s comments regarding restrictions over new areas of saltmarsh.
Representation No. MCA\Sutton Bridge to Skegness\R\1\SBS0068
Organisation/person making representation:
Port of Boston Ltd
Chapter Report:
Chapter 2
Route Section(s):
SBS-2-047 (map 2j)
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England’s inclusion of signage in their reports and their commitment to agree wording of signage with the Port of Boston.
Representation No. MCA\Sutton Bridge to Skegness\R\3\SBS0088
Organisation/person making representation:
Black Sluice Internal Drainage Board
Chapter Report:
Chapter 2
Route Section(s):
SBS-2-013 and SBS-2-023 (maps 2c and 2g)
Secretary of State’s conclusion and observation:
Secretary of State notes the Internal Drainage Board’s statutory powers. Encourages Natural England and the Internal Drainage Board to develop a procedure giving notice of these closures. Welcomes Natural England’s intention to investigate ways of updating the National Trails website to notify users of such closures.
Representation No. MCA\Sutton Bridge to Skegness\R\2\SBS0468
Organisation/person making representation:
Volunteer WeBS counter for BTO
Chapter Report:
Chapter 3
Route Section(s):
SBS-3-001 to SBS-3-006
Secretary of State’s conclusion and observation:
Secretary of State notes the concerns raised. Is content Natural England has fully considered the effect of the path on birdlife in the area and welcomes the proposals for signage to inform dogwalkers to keep their dogs on the lead. Welcomes Natural England’s comments regarding future monitoring.