Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Hunstanton to Sutton Bridge, length HSB2
Updated 10 August 2022
Applies to England
漏 Crown copyright 2022
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This publication is available at /government/publications/coastal-access-section-52-notice-for-hunstanton-to-sutton-bridge/notice-by-the-secretary-of-state-under-section-52-of-the-national-parks-and-access-to-the-countryside-act-1949-hunstanton-to-sutton-bridge-length-hs
Introduction
On聽25 November 2020聽Natural England submitted a聽compendium of聽coastal access reports聽relating to聽the stretch of land聽between聽Hunstanton and Sutton Bridge 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 (鈥渢he 1949 Act鈥�),聽pursuant to its duty under section 296(1) of the Marine and Coastal Access Act 2009 (鈥渢he 2009 Act鈥�).
This determination relates聽only聽to length HSB2.聽The proposals for length reports聽HSB1, 3 and 4 were determined separately on聽1 October 2021.
In reaching聽a聽determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Hunstanton to Sutton Bridge length report聽HSB2聽鈥撀爌art of聽Natural England鈥檚聽compendium of聽coastal access reports聽submitted to聽the Secretary of State on聽25 November 2020
b. in accordance with paragraph 16(1)(a) of the Schedule, the objections聽which the appointed person determined to be聽admissible objections
c. in accordance with paragraph 16(1)(b) of the Schedule, Natural England鈥檚 comments on the admissible objections聽which it sent to the Secretary of State
d. in accordance with paragraph 16(1)(c) of the Schedule, the reports聽given to the Secretary of State by the appointed person in respect of the objections聽which the appointed person determined to be聽admissible objections
e. 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鈥檚 comments on those representations which it sent to the Secretary of State on 15聽December 2021
In this聽notice 鈥�
(a)聽 鈥渙bjection鈥� means an objection about the coastal access report which is made under paragraph 3 of the Schedule
(b) 鈥渞epresentation鈥� means a representation about the coastal access report which is made under paragraph 7 of the Schedule
Secretary of State鈥檚 approval of coastal access proposals
The Secretary of State has determined to approve the proposal for the route and associated coastal margin as set out in the coastal access report聽HSB2.
In the respects specified in the objections set out at聽Annex A聽to this notice, the Secretary of State determines that the proposals set out in the coastal access report do not fail to strike a 鈥渇air balance鈥澛燼s a result of聽the matters specified in the objections. The聽Secretary of State聽therefore approves聽the proposals set out in the coastal access reports, so far as they relate to those parts of the route (and associated coastal margin) to which the objections聽relate.
The additional conclusions and observations of the Secretary of State in relation to the representations are set out at聽Annex B聽to this notice.
The Secretary of State has made聽available at :
a. a copy of this notice
b. The reports聽on the objections聽given to聽them聽by the appointed person
c. Representations made by a person within paragraph 2(2)(b) to (f) of the Schedule, and Natural England鈥檚 comments on those representations,聽which it sent to the Secretary of State on聽15 December 2021
d. Summary of other representations, and Natural England鈥檚 comments on those representations,聽which it sent to the Secretary of State on聽15 December 2021
Natural England has also made available here:
e. Hunstanton to Sutton Bridge 鈥撀爐he聽compendium of聽coastal access reports
Annex A: objections which did not fail to strike a 鈥渇air balance鈥�
Objection Reference: MCA/HSB2/1
The land in the report to which the objection relates is route sections HSB-2-S011 to HSB-2-S047 (as shown on map 2a). 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 HSB-2-S011 to HSB-2-S047.
Objection reference: MCA/HSB2/3
The land in the report to which the objection relates is route sections HSB-2-S011 to HSB-2-S047 (as shown on map 2a). 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 HSB-2-S011 to HSB-2-S047.
Annex聽B:聽conclusions and observations聽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/HSB2/R/19/HSB0823
Name of representation:
Country Land Association
Length Report and route section(s):
HSB-2-S001 to HSB-2-S062
Secretary of State鈥檚 conclusion and observation:
Secretary of State welcomes Natural England鈥檚 confirmation the trail will not affect future flood bank maintenance. Encourages Natural England to work closely with the highways authority and landowners and occupiers to facilitate any necessary works once coastal access rights have come into effect.
Representation No: MCA/HSB2/R/16/HSB0839
Name or representation:
National Farmers Union
Length Report and route section(s):
HSB-2-S001 to HSB-2-S062
Secretary of State鈥檚 conclusion and observation:
Secretary of State welcomes Natural England鈥檚 confirmation the trail will not affect future flood bank maintenance. Encourages Natural England to work closely with the highways authority and landowners and occupiers to facilitate any necessary works once coastal access rights have come into effect.
Representation No: MCA/HSB2/R/15/HSB0840
Name or representation:
National Farmers Union (East Midlands)
Length Report and route section(s):
HSB-2-S001 to HSB-2-S062
Secretary of State鈥檚 conclusion and observation:
Secretary of State welcomes Natural England鈥檚 confirmation the trail will not affect future flood bank maintenance. Encourages Natural England to work closely with the highways authority and landowners and occupiers to facilitate any necessary works once coastal access rights have come into effect.
Representation No: MCA/HSB2/R/17/HSB0673
Name or representation:
RSPB
Length Report and route section(s):
HSB-2-S001 to HSB-2-S061. This also relates to HSB1 (Secretary of State鈥檚 comments pertain to length HSB2)
Secretary of State鈥檚 conclusion and observation:
Secretary of State notes RSPB鈥檚 representations about disturbance to sensitive wildlife and is satisfied that Natural England has fully considered the effects and the proposed measures to minimise additional disturbance. Encourages Natural England to continue working closely with the RSPB, Norfolk County Council, the Environment Agency and others to monitor the situation and ensure appropriate measures remain in place to protect sensitive wildlife.
Notes the objection referred to by Natural England at HSB-2-S061 has been withdrawn and the modification described is no longer necessary.
Representation No: MCA/HSB2/R/6/HSB0824
Name or representation:
Ramblers Association
Length Report and route section(s):
HSB-2-S001 to HSB-2-S062
Secretary of State鈥檚 conclusion and observation:
The Secretary State notes and welcomes the support of the Ramblers Association and encourages Natural England to continue to work with the Environment Agency to establish viewing points over the seawall.
Representation No: MCA/HSB2/R/11/HSB0844, MCA/HSB2/R/10/HSB0373, MCA/HSB2/R/14/HSB0842, MCA/HSB2/R/13/HSB0843 and MCA/HSB2/R/3/HSB0096
Name or representation:
5 private individuals
Length Report and route section(s):
HSB-2-S001 to HSB-2-S047
Secretary of State鈥檚 conclusion and observation:
The Secretary of State notes the representations and the concerns expressed regarding privacy. Notes the route will follow an existing public right of way on top of the bank and is satisfied with the measures proposed by Natural England that no coastal access rights will be created on the landward slope of the bank closest to the properties.
Representation No: MCA/HSB Stretch/R/1/HSB0834
Name or representation:
British Horse Society
Length Report and route section(s):
Whole stretch (Secretary of State鈥檚 comments pertain to length HSB2 only)
Secretary of State鈥檚 conclusion and observation:
Secretary of State notes the scope of the England Coast Path legislation extends to granting pedestrian access rights only. Is satisfied with Natural England鈥檚 approach for horse riders.
Representation No: MCA/HSB2/R/12/HSB0089
Name or representation:
2 private individuals
Length Report and route section(s):
HSB-2-S001 to HSB-2-S011
Secretary of State鈥檚 conclusion and observation:
The Secretary of State notes the representation. Notes the route is aligned along a public right of way which is maintained by the Environment Agency and is satisfied the proposed route is appropriate.
Representation No: MCA/HSB2/R/18/HSB0008
Name or representation:
Disabled Ramblers
Length Report and route section(s):
HSB-2-S001 to HSB-2-S062
Secretary of State鈥檚 conclusion and observation:
Secretary of State notes the Disabled Ramblers鈥� representation and encourages Natural England鈥檚 commitment to work with the access authority to increase the accessibility of the trail where possible.
Representation No: MCA/HSB2/R/9/HSB0841
Name or representation:
Private individual
Length Report and route section(s):
HSB-2-S053. HSB-2-S055 to HSB-2-S062
Secretary of State鈥檚 conclusion and observation:
Secretary of State is satisfied the proposals will not affect existing rights and that Natural England鈥檚 use of signage and fencing will mitigate the impact of unofficial paths into areas of saltmarsh.
Representation No: MCA/HSB2/R/4/HSB0836
Name or representation:
Cycling UK
Length Report and route section(s)
HSB-2-S001 to HSB-2-S062. This also relates to HSB3 (Secretary of State鈥檚 comments pertain to length HSB2 only)
Secretary of State鈥檚 conclusion and observation:
Secretary of State notes the scope of the England Coast Path legislation extends to granting pedestrian access rights only. Is satisfied with Natural England鈥檚 approach to cyclists.
Representation No: MCA/HSB2/R/5/HSB0612
Name or representation:
Private individual
Length Report and route section(s)
HSB-2-S055 to HSB-2-S059
Secretary of State鈥檚 conclusion and observation:
The Secretary of State notes Natural England鈥檚 ongoing work to establish viewing platforms to view birds in the Wash.
Representation No: MCA/HSB2/R/2/HSB0661
Name or representation:
Private individual
Length Report and route section(s)
HSB-2-S059 and HSB-2-S060
Secretary of State鈥檚 conclusion and observation:
The Secretary of State notes that Natural England does not have powers to propose such a route, but welcomes confirmation the representation has been passed to Norfolk County Council.
Representation No: MCA/HSB2/R/7/HSB0613
Name or representation:
Private individual
Length Report and route section(s)
HSB-2-S061 to HSB-2-S062
Secretary of State鈥檚 conclusion and observation:
The Secretary of State understands the associated objection has been withdrawn and that grazing in this area is no longer planned on the proposed route of the trail. In light of this, notes that the proposed modification is no longer necessary but encourages Natural England to keep the situation under review.
Representation No: MCA/HSB2/R/1/HSB0369
Name or representation:
Private individual
Length Report and route section(s)
HSB-2-S001 to HSB-2-S062. This also relates to HSB1 and HSB3 (Secretary of State鈥檚 comments pertain to length HSB2)
Secretary of State鈥檚 conclusion and observation:
The Secretary of State welcomes support for the proposed route.
Representation No: MCA/HSB Stretch/R/2/HSB0822
Name or representation:
Water Management Alliance - King鈥檚 Lynn Internal Drainage Board
Length Report and route section(s)
HSB-2-S001 to HSB-2-S062. This also relates to HSB1, HSB3 and HSB4 (Secretary of State鈥檚 comments pertain to length HSB2)
Secretary of State鈥檚 conclusion and observation:
Secretary of State encourages Natural England鈥檚 ongoing engagement with the Internal Drainage Board.
Representation No: MCA/HSB2/R/8/HSB0837
Name or representation:
Wash Frontages Group
Length Report and route section(s)
HSB-2-S001 to HSB-2-S062. This also relates to HSB3 and HSB4 (Secretary of State鈥檚 comments pertain to length HSB2)
Secretary of State鈥檚 conclusion and observation:
Secretary of State welcomes Natural England鈥檚 confirmation the trail will not affect future flood bank maintenance. Encourages Natural England to work closely with the highways authority and landowners and occupiers to facilitate any necessary works once coastal access rights have come into effect.