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Introduction

On聽22 January聽2020聽Natural England submitted a聽compendium of聽coastal access reports聽relating to聽the Isle of Sheppey 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 lengths IOS5 and IOS8.聽The proposals within length reports聽IOS1, 2, 4, 6, 7, 9 and 10 were determined separately on聽12 November 2020. Proposals for IOS3 will be determined separately.

In reaching聽a聽determination under section 52 of the 1949 Act the Secretary of State has considered:

a. Isle of Sheppey length reports IOS5 and IOS8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22 January聽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聽02 December 2020

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 coastal access reports聽IOS5 and IOS8.

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2 December 2020

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2 December 2020

Natural England has also made available here:

e. Isle of Sheppey 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/IOS/5/1-3

The land in the report to which the objections relate is specifically route sections IOS-5-S002 and IOS-5-S003, as shown on Map鈥疘OS 5a. 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 IOS-5-S002 and IOS-5-S003.

Objection Reference: MCA/IOS/8/1

The land in the report to which the objection relates is specifically route section IOS-8-S005, as shown on Map聽8b. 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 IOS-8-S005.

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/IOS Overview/R/1/IOS0076

Name of representation:

The Kent County Council Public Rights of Way and Access Service

Length Report and route section(s):

All stretch reports (Note that Secretary of State鈥檚 comments pertain to length IOS5 and IOS8 only)

Secretary of State鈥檚 conclusion and observation:

Secretary of State welcomes Kent County Council鈥檚 support and notes Natural England鈥檚 thanks to Kent County Council for their work developing coastal access on the Isle of Sheppey.

Representation No: MCA/IOS5/R/1/IOS1652

Name of representation:

Ramblers

Length Report and route section(s):

Reports IOS 5 and IOS 8

Secretary of State鈥檚 conclusion and observation:

Secretary of State welcomes and thanks the Ramblers for their support.

Notes the Ramblers comments regarding the inland diversion at Bells Creek. Is satisfied that from discussions with the Internal Drainage Board and the Environment Agency, Natural England have chosen the safest and most suitable option for the coast path.

Representation No: MCA/IOS2/R/1/IOS1651

Name of representation:

Historic England

Length Report and route section(s):

Whole stretch (Note that Secretary of State鈥檚 comments pertain to length IOS5 and IOS8 only)

Secretary of State鈥檚 conclusion and observation:

Secretary of State welcomes Historic England鈥檚 positive engagement throughout the development of the coastal access proposals. Notes Natural England鈥檚 comments that they have engaged with the Heritage Conservation Team at Kent County Council.

Notes that IOS5 and IOS8 do not contain or pass through any designated or non-designated archaeology and is satisfied Natural England have taken all relevant steps in developing their proposals.

Representation No: MCA/IOS Stretch/R/1/IOS0008

Name of representation:

Disabled Ramblers

Length Report and route section(s):

Whole stretch (Note that Secretary of State鈥檚 comments pertain to length IOS5 and IOS8 only)

Secretary of State鈥檚 conclusion and observation:

Secretary of State welcomes the Disabled Ramblers鈥� support for Natural England鈥檚 proposals.

Representation No: MCA/IOS stretch/R/2/IOS0137

Name of representation:

South Eastern Power Networks plc

Length Report and route section(s):

Whole stretch (Note that Secretary of State鈥檚 comments pertain to length IOS5 and IOS8 only)

Secretary of State鈥檚 conclusion and observation:

Secretary of State notes South Eastern Power Networks鈥� comments and that Kent County Council will be undertaking infrastructure work. Welcomes confirmation Kent County Council have been given South Eastern Power Networks鈥� contact details for any large excavation works that may be required.

Representation No: MCA/IOS8/R/2/IOS1669

Name of representation:

Private individual

Length Report and route section(s):

IOS8, IOS-8-S001 to IOS-8-S005

Secretary of State鈥檚 conclusion and observation:

Secretary of State notes the reasoning set out in response by Natural England. Is satisfied that Natural England has fully considered the effect of the proposals on sensitive wildlife and that an appropriate route has been proposed. Understands that Natural England has consulted the appropriate ornithological experts when planning this section.