Natural England continues to pursue its statutory duty to improve public access to the English coast. The duty is to secure a long-distance walking route and a margin of coastal land associated with the route that the public will be able to enjoy on foot.
Proposals have been published for a coastal route on a 25-mile stretch of coast between Felixstowe Ferry and Bawdsey extending round the Deben Estuary. The proposals were developed in consultation with key organisations including Suffolk County Council, user groups and the Environment Agency. The proposals were developed further in consultation with owners, occupiers, other stakeholders and shared at local events.
Any objections to and representations about the proposals need to be submitted to Natural England by 3 February 2021.
Any member of the public or persons with an interest may make representations. Any person who has a legal interest in the land affected, for example the landowner or occupier may make objections. The grounds for objection must be specified and will be considered by the Planning Inspectorate before the Secretary of State makes a decision. The Secretary of State will either confirm the proposed route, modify the route or reject some or the entire route. If some of the route is rejected or modified, Natural England may then be required to review their proposals and submit an amended report.
The width of the coastal route will generally be four metres, however this could vary depending on physical features such as walls, fences and pavement edges. The coastal access will also include an area known as the ‘coastal margin’, which is seaward from the coastal route, and will be available for public access unless it is deemed as excepted land such as cropped land, building, gardens, saltmarsh, mudflat or it is unsuitable for public access.
The legislation also allows for the coastal path to be moved back, known as ‘roll back’, without consent from the Secretary of State if erosion and slippage occurs. This will mitigate the need for the challenges of maintenance allowing for a continuous and lasting route along the coast. Natural England would negotiate with landowners should erosion or change occur in respect of those proposals affecting landowners who may not have previously been consulted or affected.
As well as the Felixstowe Ferry and Bawdsey proposals, representations and objections may also be made on the stretch in Norfolk between Hunstanton and Sutton Bridge by midnight, Wednesday 20 January 2021.
The confirmed routes will come into force by an order with a date decided by the Secretary of State and which will be after a preparation period to enable any necessary works to be carried out and to put into place any local management arrangements.
If you are affected by the proposals and require advice contact Deborah Sharples or Marcia Grice for assistance.
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at December 2020.