Decision

Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Isle of Sheppey, lengths IOS1, IOS2, IOS4, IOS6, IOS7, IOS9 and IOS10

Updated 10 August 2022

Applies to England

© Crown copyright 2022

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This publication is available at https://www.gov.uk/government/publications/coastal-access-section-52-notice-for-the-isle-of-sheppey/notice-by-the-secretary-of-state-under-section-52-of-the-national-parks-and-access-to-the-countryside-act-1949-isle-of-sheppey-lengths-ios1-ios2-i

Introduction

On 22 January 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of land on the Isle of Sheppey 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 IOS1, IOS2, IOS4, IOS6, IOS7, IOS9 and IOS10. The proposals within length reports IOS3, IOS5 and IOS8 will be determined separately.

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

  • a. Isle of Sheppey - Natural England’s compendium of coastal access reports submitted to the Secretary of State on 22 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 11 May 2020.

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 IOS1, IOS2, IOS4, IOS6, IOS7, IOS9 and IOS10, 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 11 May 2020
  • c. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 11 May 2020

Natural England has also made available here:

  • d. Isle of Sheppey - 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 reports, the following representations made under paragraph 7 of the Schedule.

Representation No. MCA/IOS Overview/R/1/IOS0076

Name of representation: The Kent County Council Public Rights of Way and Access Service

Report Chapter and route section(s):

  • Whole stretch (Secretary of State comments pertain to lengths IOS1, IOS2, IOS4, IOS6, IOS7, IOS9 and IOS10 only here)

Secretary of State’s conclusion and observation:

Secretary of State welcomes Kent County Council’s representation which is supportive of the proposals.

Representation No. MCA/IOS1/R/1/IOS1652

Name of representation: Ramblers, Coastal Access Officer for Kent

Report Chapter and route section(s):

  • IOS1

Secretary of State’s conclusion and observation:

Secretary of State welcomes the Ramblers’ representation, which is supportive of the proposals.

Representation No. MCA/IOS2/R/1/IOS1651

Name of representation: Historic England

Report Chapter and route section(s):

  • IOS1-IOS10 (This comment applies to IOS1 only)

Secretary of State’s conclusion and observation:

Secretary of State notes Historic England’s positive engagement with Natural England. Notes that IOS1 does not contain any scheduled monuments and does not pass through or close to any conservation areas or listed buildings.

Representation No. MCA/IOS Stretch/R/1/IOS0008

Name of representation: Disabled Ramblers

Report Chapter and route section(s):

  • Whole stretch (Secretary of State comments pertain to lengths IOS1, IOS2, IOS4, IOS6, IOS7, IOS9 and IOS10 only here)

Secretary of State’s conclusion and observation:

Notes the representation and welcomes the engagement between Natural England and the Disabled Ramblers. Welcomes the proposed changes to the features of the route to allow improved access for those of limited mobility. Recognises that in places, such accessibility improvements are limited by landscape and/or land management issues.

Representation No. MCA/IOS Stretch/R/2/IOS0137

Name of representation: South Eastern Power Networks plc

Report Chapter and route section(s):

  • Whole stretch (Secretary of State comments pertain to lengths IOS1, IOS2, IOS4, IOS6, IOS7, IOS9 and IOS10 only here)

Secretary of State’s conclusion and observation:

Secretary of State notes that the access authority (Kent County Council) will install the required infrastructure, are experienced in this installation and adopt standard risk assessments on works. Notes that modification of the barrier at IOS-1-S015 will not preclude access to the substation at Loading Hope Reach pier.

Representation No. MCA/IOS2/R/3/IOS1652

Name of representation: Ramblers, Coastal Access Officer for Kent

Report Chapter and route section(s):

  • IOS2

Secretary of State’s conclusion and observation:

Secretary of State welcomes the Ramblers’ representation which is supportive of the proposals.

Representation No. MCA/IOS2/R/1/IOS1651

Name of representation: Historic England

Report Chapter and route section(s):

  • IOS1-IOS10 (This comment applies to IOS2 only)

Secretary of State’s conclusion and observation:

Secretary of State notes Historic England’s positive engagement with Natural England. Notes that the route will pass the Sheerness Defences and that an additional signpost will be required. Notes that Natural England will follow Historic England advice on the appropriate consents Notes that Kent County Council (KCC) will liaise with Swale Borough Council officers responsible for the conservation areas in IOS2, to ensure that the design and location of signs are in keeping with designations in the area.

Representation No. MCA/IOS2/R/2/IOS0528, MCA/IOS2/R/4/IOS0954, MCA/IOS2/R/5/IOS0757

Name of representation: Three Private Individuals

Report Chapter and route section(s):

  • IOS-2-S052

Secretary of State’s conclusion and observation:

Secretary of State notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England. Notes Natural England’s comments on maintenance and liability in this area. Notes Natural England’s consultation of the local residents regarding the placement of this path. Notes the route here is already an established walking route and promoted and well used as part of existing cycle routes.

Representation No. MCA/IOS4/R/1/IOS1652

Name of representation: Ramblers, Coastal Access Officer for Kent

Report Chapter and route section(s): * IOS4

Secretary of State’s conclusion and observation:

Secretary of State welcomes the Ramblers’ representation, which is supportive of the proposals.

Representation No. MCA/IOS2/R/1/IOS1651

Name of representation: Historic England

Report Chapter and route section(s):

  • IOS1-IOS10 (This comment applies to IOS4 only)

Secretary of State’s conclusion and observation:

Secretary of State notes Historic England’s positive engagement with Natural England. Notes that IOS4 does not contain any scheduled monuments and does not pass through or close to any conservation areas or listed buildings.

Representation No. MCA/IOS2/R/3/IOS1652

Name of representation: Ramblers, Coastal Access Officer for Kent

Report Chapter and route section(s):

  • IOS6

Secretary of State’s conclusion and observation:

Secretary of State welcomes the Ramblers’ representation, which is supportive of the proposals.

Representation No. MCA/IOS2/R/1/IOS1651

Name of representation: Historic England

Report Chapter and route section(s):

  • IOS1-IOS10 (This comment applies to IOS6 only)

Secretary of State’s conclusion and observation:

Secretary of State notes Historic England’s positive engagement with Natural England. Notes that IOS6 does not contain any scheduled monuments and does not pass through or close to any conservation areas or listed buildings.

Representation No. MCA/IOS2/R/3/IOS1652

Name of representation: Ramblers

Report Chapter and route section(s):

*IOS7

Secretary of State’s conclusion and observation:

Secretary of State welcomes the Ramblers’ representation, which is supportive of the proposals.

Representation No. MCA/IOS2/R/1/IOS1651

Name of representation: Historic England

Report Chapter and route section(s):

  • IOS1-IOS10 (This comment applies to IOS7 only)

Secretary of State’s conclusion and observation:

Secretary of State notes Historic England’s positive engagement with Natural England. Notes that no works are proposed in the vicinity of the scheduled monument at IOS7. Notes that IOS7 does not pass through or close to any conservation areas or listed buildings.

Representation No. MCA/IOS8/R/2/IOS1669

Name of representation: Private Individual

Report Chapter and route section(s):

  • IOS-7-S010 to IOS-7-S013

Secretary of State’s conclusion and observation:

Secretary of State notes the reasoning set out in response by Natural England and is satisfied that an appropriate route has been proposed by Natural England. Understands that Natural England have consulted the appropriate ornithological experts when planning this section.

Representation No. MCA/IOS2/R/3/IOS1652

Name of representation: Ramblers

Report Chapter and route section(s):

  • IOS9

Secretary of State’s conclusion and observation:

Secretary of State notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England. Understands the Natural England have consulted the appropriate environmental experts when planning this section.

Representation No. MCA/IOS2/R/1/IOS1651

Name of representation: Historic England

Report Chapter and route section(s):

  • IOS1-IOS10 (This comment applies to IOS9 only)

Secretary of State’s conclusion and observation:

Secretary of State notes Historic England’s positive engagement with Natural England. Notes that IOS9 does not contain any scheduled monuments and does not pass through or close to any conservation areas or listed buildings.

Representation No. MCA/IOS2/R/3/IOS1652

Name of representation: Ramblers

Report Chapter and route section(s):

  • IOS10

Secretary of State’s conclusion and observation:

Secretary of State notes the reasoning set out in response by Natural England and is satisfied that the most appropriate route has been proposed by Natural England.

Representation No. MCA/IOS2/R/1/IOS1651

Name of representation: Historic England

Report Chapter and route section(s):

  • IOS1-IOS10 (This comment applies to IOS10 only)

Secretary of State’s conclusion and observation:

Secretary of State notes Historic England’s positive engagement with Natural England. Notes that IOS10 does not contain any scheduled monuments and does not pass through or close to any conservation areas or listed buildings.

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