Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Shotley Gate to Felixstowe Ferry, lengths SGF2, SGF4 and SGF5
Updated 31 August 2021
Applies to England
© Crown copyright 2021
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Introduction
On 15 January 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of land between Shotley Gate and Felixstowe Ferry 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 SGF2, SGF4 and SGF5. The proposals within length reports SGF1 and SGF3 will be determined separately.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
- a. Shotley Gate to Felixstowe Ferry - Natural England’s compendium of coastal access reports submitted to the Secretary of State on 15 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 22 June 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 SGF2, SGF4 and SGF5, 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 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 22 June 2020; and
- c. Summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State on 22 June 2020.
Natural England has also made available here:
- d. Shotley Gate to Felixstowe Ferry - 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 report, the following representations made under paragraph 7 of the Schedule.
Representation No. MCA/SGF Stretch/R/3/SGF0004
Name of representation:
CLA
Report Chapter and route section(s):
Whole Report (note that Secretary of State comments pertain to lengths SGF2, SGF4 and SGF5 only)
Secretary of State’s conclusion and observation:
Secretary of State notes the representation and is satisfied that Natural England has given due consideration to all relevant criteria in proposing this route for SGF2, SGF4 and SGF5.
Considers that the use of the ferry and the change of the current route to an alternative route would not be appropriate in this case. Agrees with Natural England that the intermittent nature of the ferry’s operating times as well as the length of the route mean walkers would be unsure of their access rights along an alternative route.
Recognises that a lack of clarity around access rights may encourage the use of some country lanes that the professional road safety assessment commissioned for the alignment of the England Coast Path deemed unsafe for walkers of the national trail.
Is content that the proposals will provide clear, secure, well signed and well managed public access.
Representation No. MCA/SGF Stretch/R/4/SGF1810
Name of representation:
Suffolk County Council
Report Chapter and route section(s):
Whole Report (note that Secretary of State comments pertain to lengths SGF2, SGF4 and SGF5 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation, which is supportive of the proposals. Notes Natural England’s commitment to ongoing discussion with the council on maintenance funding.
Representation No. MCA/SGF Stretch/R/1/SGF1255
Name of representation:
Ramblers Association (Suffolk Branch)
Report Chapter and route section(s):
Whole Report (note that Secretary of State comments pertain to lengths SGF2, SGF4 and SGF5 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the Suffolk branch of the Ramblers Association, which is supportive of the proposals.
Representation No. MCA/SGF Stretch/R/2/SGF1838
Name of representation:
Suffolk Local Access Forum
Report Chapter and route section(s):
Whole Report (note that Secretary of State comments pertain to lengths SGF2, SGF4 and SGF5 only)
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation from the Suffolk Local Access Forum, which is supportive of the proposals.
Representation No. MCA/SGF2/R/1/SGF0545
Name of representation:
Orwell Park
Report Chapter and route section(s):
Whole Report (note that Secretary of State comments pertain to lengths SGF2, SGF4 and SGF5 only)
Secretary of State’s conclusion and observation:
Secretary of State agrees with Natural England that each report in a stretch should be considered legally separate. As such, reports with no objections against them can be determined by the secretary of State without regard to objections attached to other reports.
Representation No. MCA/SGF2/R/2/SGF1844
Name of representation:
Woodland Trust
Report Chapter and route section(s):
SGF-2-S017 and SGF-2-S025
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s commitment to ensuring the impacts from the England Coast Path on the ancient woodland interests are minimised.
Representation No. MCA/SGF2/R/3/SGF0072
Name of representation:
Ipswich Borough Council
Report Chapter and route section(s):
Maps SGF 2a – SGF 2b
Secretary of State’s conclusion and observation:
Secretary of State is content that the Nature Conservation Assessment and Habitat Regulation Assessment both adequately assess and mitigate the impact on wildlife of the path. Notes that Natural England has met with representatives of Ipswich Borough council and have exchanged communications on several occasions.
Representation No. MCA/SGF2/R/4/SGF0008
Name of representation:
Disabled Ramblers
Report Chapter and route section(s):
Route sections SGF-2-S025 to SGF-2-S036
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s commitment to continue to engage with the Disabled Ramblers along with the local access authority in the establishment phase of this stretch to ensure that the path is accessible as is feasible.
Representation No. MCA/SGF4/R/7/SGF1845
Name of representation:
M & G Real Estate
Report Chapter and route section(s):
SGF 4C, 4E and 4F
Secretary of State’s conclusion and observation:
Secretary of State notes that Health and Safety remains the responsibility of the landowners and tenants.
Representation No. MCA/SGF4/R/6/SGF1783
Name of representation:
Levington and Stratton Hall Parish Council
Report Chapter and route section(s):
SGF4
Secretary of State’s conclusion and observation:
Secretary of State note the clarification provided by Natural England on various points raised in the representation.
Representation No. MCA/SGF4/R/4/SGF1766
Name of representation:
Felixstowe Town Council
Report Chapter and route section(s):
SGF4, SGF5
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation, which is supportive of the proposals.
Representation No. MCA/SGF4/R/1/SGF0131
Name of representation:
Suffolk Wildlife Trust
Report Chapter and route section(s):
SGF4
Secretary of State’s conclusion and observation:
Secretary of State is content that the Nature Conservation Assessment and Habitat Regulation Assessment both adequately assess and mitigate the impact on wildlife of the path. Recommends that all parties continue to engage on wildlife conservation issues in the establishment phase.
Representation No. MCA/SGF4/R/8/SGF0008
Name of representation:
Disabled Ramblers
Report Chapter and route section(s):
SGF4
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s commitment to continue to engage with the Disabled Ramblers along with the local access authority in the establishment phase of this stretch to ensure that the path is as accessible as is feasible.
Representation No. MCA/SGF4/R/3/SGF0133
Name of representation:
Suffolk Yacht Harbour
Report Chapter and route section(s):
SGF 4b and SGF 4c
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s assurance that they will engage with the access authority to ensure appropriate signage is installed.
Representation No. MCA/SGF5/R/2/SGF1766
Name of representation:
Felixstowe Town Council
Report Chapter and route section(s):
SGF4, SGF5
Secretary of State’s conclusion and observation:
Secretary of State welcomes the representation, which is supportive of the proposals.
Representation No. MCA/SGF5/R/4/SGF0008
Name of representation:
Disabled Ramblers
Report Chapter and route section(s):
SGF5
Secretary of State’s conclusion and observation:
Secretary of State welcomes Natural England’s commitment to continue to engage with the Disabled Ramblers along with the local access authority in the establishment phase of this stretch to ensure that the path is as accessible as is feasible.