VR9: Notice by the Secretary of State under section 52 [and 55(1)] of the National Parks and Access to the Countryside Act 1949: Calder viaduct to Seascale promenade
Updated 31 August 2021
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This publication is available at https://www.gov.uk/government/publications/coastal-access-section-52-notice-for-whitehaven-to-silecroft/vr9-notice-by-the-secretary-of-state-under-section-52-and-551-of-the-national-parks-and-access-to-the-countryside-act-1949-calder-viaduct-to-sea
Introduction
On 15 October 2014 Natural England submitted a coastal access report relating to the stretch of land between Whitehaven and Silecroft 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”).
On 28 September 2015 the Secretary of State gave notice under Section 52(2) that the Whitehaven to Silecroft proposals were approved (“the approved coastal access provisions”).
On 31 March 2021 coastal access rights came into force between Whitehaven and Silecroft by order of the Secretary of State. On 17 February 2021, under section 55(1) of the 1949 Act, Natural England submitted a coastal access variation report relating to proposed changes to the approved coastal access provisions (“the coastal access variation report”) to the Secretary of State for Environment, Food and Rural Affairs. The coastal access variation report proposed changes to the approved coastal access provisions between Calder viaduct and Seascale promenade.
In reaching their determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Proposed changes to the England Coast Path between the Calder viaduct and Seascale promenade, Cumbria - Natural England’s coastal access variation report submitted to the Secretary of State on 17 February 2021;
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 Natural England’s comments on those representations which it sent to the Secretary of State on 20 April 2021.
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 the proposals for the route and associated coastal margin as set out in the coastal access variation report, in relation to which no objections were made.
The additional conclusions and observations of the Secretary of State in relation to the representations are set out in Annex A to this notice. The approved variation to the route is set out at Annex B.
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 20 April 2021.
Natural England has also made available here:
c. Calder viaduct to Seascale Promenade – the coastal access variation report.
Annex A: conclusions and observations on representations
The Secretary of State has considered, in relation to the coastal access variation report, the following representations made under paragraph 7 of the Schedule.
Representation No. MCA/WHS/VR9/R/33/0080
Name of representation: Historic England
Report and route section(s):
VR9, WHS-2-S064 to WHS-2-S069
Secretary of State’s conclusion and observation:
Secretary of State thanks Historic England for providing this confirmation.
Representation No. MCA/WHS/VR9/R/34/0013 and MCA/WHS/VR9/R/35/0012
Name of representation: The Ramblers and Open Spaces Society
Report Chapter and route section(s):
VR9, WHS-2-S064 to WHS-2-S069
Secretary of State’s conclusion and observation:
Secretary of State notes Natural England is not proposing a new route at this stage. Welcomes Natural England’s assurance that any changes to the route in future will be subject to ongoing discussions with all relevant interests.
Annex B: approved variation between Calder viaduct and Seascale promenade
The approved variation is to add complex roll back to the route between route sections WHS-2-S064 and WHS-2-S069 inclusive.
2.3.1 Roll-back implementation – more complex situations: Maps 2f (River Ehen to Newmill Beck) and Map 2g (Newmill Beck to Seascale promenade)
| Map(s) | New route section number(s) | Feature(s) or site(s) potentially affected | Our likely approach to roll-back |
|---|---|---|---|
| 2f and 2g | WHS-2-S064 to WHS-2S069 | European Protected Species (EPS) in the natterjack toad reserve; Local Wildlife Site seaward of the railway | If it is no longer possible to find a viable route seaward of the natterjack toad nature reserve, where these protected species are sensitive to public access, or where the existing route already passing through such a site must be altered, we will choose a new route after detailed discussions with the relevant experts and with any potentially affected owners or occupiers, which will either (a) pass through or alongside the site, if appropriate or (b) if necessary, be routed landward of it. |
| 2f and 2g | WHS-2-S064 to WHS-2S069 | Excepted land: golf course | If it is no longer possible to find a viable route seaward of the specified golf course, we will choose a new route after detailed discussions with all relevant interests, either (a) to pass through the site/course (using existing public footpaths or future cycle paths if appropriate), or (b) if this is not practicable, to pass somewhere on the landward side of it. In reaching this judgement we will have full regard to the need to seek a fair balance between the interests of potentially affected owners and occupiers and those of the public. |
| 2f and 2g | WHS-2-S064 to WHS-2S069 | Excepted land: railway and nuclear decommissioning site | If it is no longer possible to find a viable route seaward of the specified excepted land (e.g. railway, buildings and curtilage etc.), we will choose a route landward of it, following discussions with owners and occupiers. |
| 2f and 2g | WHS-2-S064 to WHS-2S069 | Future development associated with Sustrans cycle route | If rollback must necessarily occur before the new cycle route plans are finalised and works carried out, we will choose a new route after detailed discussions with the relevant experts to ensure there is no conflict between works and route for the two projects. |