Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Aust to Brean Down length ABD1
Updated 7 May 2024
Applies to England
漏 Crown copyright 2024
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This publication is available at /government/publications/coastal-access-section-52-notice-for-aust-to-brean-down/notice-by-the-secretary-of-state-under-section-52-of-the-national-parks-and-access-to-the-countryside-act-1949-aust-to-brean-down-length-abd1
Introduction
On聽25 July聽2019聽Natural England submitted a聽compendium of聽coastal access reports聽relating to聽the stretch of land聽between聽Aust and Brean Down 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 ABD1.聽The proposals within length reports聽ABD 2, 3, 4, 5, 7, 8, 9 and 10 were determined separately on聽9 July 2020. Proposals for ABD6 will be determined separately.
In reaching聽a聽determination under section 52 of the 1949 Act the Secretary of State has considered:
- a. Aust to Brean Down length report聽ABD1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 July聽2019;
- 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聽18 December 2019.
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; and
(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 with modification the proposal for the route and associated coastal margin as set out in the coastal access report聽ABD1.
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18 December 2019;聽and
- 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18 December 2019
Natural England has also made available here:
- e. Aust to Brean Down 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/ADB1/0/1/ABD150
The land in the report to which the objection relates is route sections ABD-1-S003 to S006 (as shown on map 3c). 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 ABD-1-S003 to ABD-1-S007. Approval is subject to a modification of the alignment of sections ABD-1-S004 to ABD-1-S007 and adding fencing to sections ABD-1-S005 and ABD-1-S006.
Objection reference: MCA/ADB1/0/2/ABD135
The land in the report to which the objection relates is route sections ABD-1-S006 to ABD-1-S016 (as shown on map 3c). 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 ABD-1-S006 to ABD-1-S016 (this includes the modification to the alignment of sections ABD-1-S004 to ABD-1-S007).
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 / ABD1/ R /4/ ABD0357
Name of representation:
South Gloucestershire Council Public Rights of Way and Commons Registration Subcommittee
Length Report and route section(s):
ABD1 (ABD-1-S005 to ABD-1-S009)
Secretary of State鈥檚 conclusion and observation:
The Secretary of State notes the Subcommittee鈥檚 concerns about public safety. Is satisfied that Natural England鈥檚 proposals are consistent with the relevant legislation and the Coastal Access Scheme. Welcomes Natural England鈥檚 comments on notices and guide fencing to encourage the public to walk around two geological faults and avoid the cliff edge.
Welcomes Natural England鈥檚 offer to fund the purchase and installation of stock fencing landward of route sections ABD-1-S007 and ABD-1-S008 and seaward of route sections ABD-1-S009 and ABD-1-S010 to help the land owners to manage access alongside existing uses of the land.
Representation number: MCA / ABD1/ R /5/ ABD0357
Organisation/ person making representation:
South Gloucestershire Council Public Rights of Way and Commons Registration Subcommittee
Length Report and route section(s):
ABD1 (ABD-1-S016)
Secretary of State鈥檚 conclusion and observation:
The Secretary of State notes the Subcommittee鈥檚 concerns about pedestrian safety on Passage Road. Is satisfied Passage Road is safe for pedestrians and encourages Natural England to ensure a safe temporary route is in place during the ongoing flood defence works.
Representation number: MCA / ABD Stretch/ R/6/ ABD1417
Organisation/ person making representation:
The Ramblers (Avon Area)
Length Report and route section(s):
ABD1, ABD2 and ABD3 (Secretary of State鈥檚 comments pertain to length ABD1 only)
Secretary of State鈥檚 conclusion and observation:
The Secretary of State welcomes support for Natural England鈥檚 proposals and The Ramblers鈥� comments on benefits the England Coast Path will bring to this area. Notes and encourages Natural England鈥檚 ongoing cooperation with the Environment Agency and South Gloucestershire and Bristol City Councils to manage the impact on the England Coast Path during flood defence improvement works.
Representation number: MCA / ABD Stretch/ R/7/ ABD1899
Organisation/ person making representation:
Environment Agency
Length Report and route section(s):
ABD1, ABD2, ABD4, ABD6, ABD7, ABD10 (Secretary of State鈥檚 comments pertain to length ABD1 only ABD-1-S016 to ABD-1-S018; and ABD-1-S021 to ABD-1-S027)
Secretary of State鈥檚 conclusion and observation:
The Secretary of State encourages Natural England鈥檚 ongoing close cooperation with the Environment Agency and notes its confirmation that proposals will not harm flood defences along the route. Welcomes Natural England鈥檚 commitment to manage the impact on the path while flood defence works are ongoing.
Notes that access authorities will secure all necessary Flood Risk Activity Permits before commencing establishment works and Natural England鈥檚 intention to pass on land contamination risk guidance.
Notes clarification that the Environment Agency鈥檚 flood maintenance work is included in the considerations of the Habitats Regulations Assessment and the Agency鈥檚 intention to include combination effects in their future assessments.
In addition the Secretary of State is satisfied with the roll back procedures proposed for section ABD-1-S017 to ABD-1-S018 at Cake Pill and notes the potential for the new flood embankment to be become part of the route rather than Passage Road itself but this may be subject to a variation report at a later date following discussions with land owners.
Representation number: MCA / ABD Stretch/ R/8/ ABD1434
Organisation/ person making representation:
Joint Local Access Forum (Bath and North East Somerset, Bristol City and South Gloucestershire)
Length Report and route section(s):
ABD1, ABD2 and ABD3 (Secretary of State鈥檚 comments pertain to length ABD1 only)
Secretary of State鈥檚 conclusion and observation:
The Secretary of State welcomes support for Natural England鈥檚 proposals and notes comments on the benefits the England Coast Path will bring to this area. Notes and encourages Natural England鈥檚 ongoing cooperation with the Environment Agency and South Gloucestershire and Bristol City Councils to manage the impact on the England Coast Path during flood defence improvement works.
Representation number: MCA/ABD Stretch/R/1/ABD1840 and MCA/ABD Overview/R/2/ABD1842
Organisation/ person making representation:
Private individual and private individual
Length Report and route section(s):
Whole stretch (The Secretary of State鈥檚 comments pertain to length ABD1 only)
Secretary of State鈥檚 conclusion and observation:
Secretary of State welcomes support for Natural England鈥檚 proposals and notes the comments on the benefits the England Coast Path will bring to this area.
Representation number: MCA/ ABD1/ R/1/ ABD1843 and MCA / ABD1/ R/3/ ABD1662
Organisation/ person making representation:
The Disabled Ramblers and North Somerset Local Access Forum
Length Report and route section(s):
Whole stretch (The Secretary of State鈥檚 comments pertain to length ABD1 only ABD 1a, 1b and 1c)
Secretary of State鈥檚 conclusion and observation:
Secretary of State encourages Natural England鈥檚 ongoing collaboration with South Gloucestershire Council, landowners and other interested parties to increase the accessibility of the trail to mobility scooters where possible. Encourages ongoing communication between Natural England and the Disabled Ramblers to address the needs of people with reduced mobility.
Representation ID: MCA / ABD1/ R/2/ ABD1629
Organisation/ person making representation:
Aust Parish Council
Length Report and route section(s):
ABD1 (ABD-1-S001 to ABD-1-S007)
Secretary of State鈥檚 conclusion and observation:
The Secretary of State notes Aust Parish Council鈥檚 concerns about the potential health and safety issue along the cliff top between Severn Bridge and Old Aust Ferry. Notes Natural England鈥檚 comments and is satisfied the proposed route is safe for walkers.
Representation ID: MCA/ ABD1/ R/3/ ABD1662
Organisation/ person making representation:
North Somerset Local Access Forum
Length Report and route section(s):
Whole stretch (The Secretary of State鈥檚 comments pertain to length ABD1 only)
Secretary of State鈥檚 conclusion and observation:
The Secretary of State notes Natural England鈥檚 clarification of its approach towards the control of dogs and use of signage on the England Coast Path.
Representation ID: MCA / ABD1/ R/6/ ABD1606
Organisation/ person making representation:
Pilning and Severn Beach Parish Council
Length Report and route section(s):
ABD 1 (ABD-1-S019 to ABD-1-S023)
Secretary of State鈥檚 conclusion and observation:
The Secretary of State notes Pilning and Severn Beach Parish Council鈥檚 request that the saltmarsh seaward of the path should be excluded from the coastal margin. Notes Natural England鈥檚 comments and is satisfied that proposals to install signage are appropriate.
Representation number: MCA / ABD Stretch/ R/9/ ABD1911
Organisation/ person making representation:
Wildfowl and Wetlands Trust (WWT)
Length Report and route section(s):
Whole stretch (The Secretary of State鈥檚 comments pertain to length ABD1 only)
Secretary of State鈥檚 conclusion and observation:
Secretary of State welcomes support for Natural England鈥檚 overall proposals. Notes Natural England鈥檚 view that proposals manage impacts of the England Coast Path on waterbirds and estuarine habitats effectively. Encourages Natural England鈥檚 continued engagement with local partner organisations on community engagement and the existing plans for monitoring the impact of the England Coast Path in this area.