Natural England (NE) has a statutory duty under the Marine and Coastal Access Act 2009 to improve access to the English coast. The duty is in two parts: one relating to securing a long-distance walking route around the whole coast – the England Coast Path; the other relating to a margin of coastal land associated with the route where in appropriate places people will be able to spread out and explore, rest or picnic.
Whilst NE aim to strike a fair balance between the interests of the public in having rights of access over coastal land and the interests of owners and occupiers of land over which any coastal access rights would apply, the latter have the right to make objections, but it should be noted that these new rights do not affect any traditional tolerations landowners have allowed.
From the outset of this initiative, the Aldwick Bay Company Ltd. have been in amicable consultation with NE and have built up a good working relationship. The Board considers that, given their remit, NE have paid due regard to their comments/concerns in relation to this proposal which in as much as it affects us, is likely to be approved. That said, whilst concerns re privacy, distance walked over shingle, protected plants, an increase in litter and the “ownership” of the beach have all been addressed, and issues re “roll back”, margin, spread and access are all dealt with, the Report itself has yet to be approved by Ministers due in the main to Brexit and now Coronavirus.
In order to understand more about the current position in relation to the Coastal Path, interested parties, may wish to follow up by reading the information provided by the Company to all shareholders following publication of the draft submission to the Secretary of State which can be found in full by following the link at :-
www.gov.uk/government/collections/england-coast-path-improving-public-access-to-the-coast.
Information to Shareholders re The Coastal Path:
1. Having considered communiques from a number of residents who objected to the route, primarily on the grounds of “privacy”, NE have nevertheless proposed the “Path” follow the existing informal path which runs along the landward boundary of the beach, thereby minimising any damage to the vegetated shingle. Whilst this will not meet with everyone’s approval, the Board accept there is no clearly defined alternative. That said, we are pleased our suggestion to post signs recommending walkers use the firm beach close to the water’s edge HAS BEEN APPROVED. It is anticipated this will significantly reduce the number of people using the proposed path next to beach front properties.
2. Importantly, the proposed path does not infringe on any roads or twittens on our estate, and no “roll back” landward is planned.
3. The report refers to boardwalks and seats on the Pagham to Aldwick stretch of the route. The board intend to make it clear that the seating area on the beach adjacent to Becker Walk is “private” and NOT for public use.
4. Similarly, the report states parking on private estates is “discouraged”. We will seek to have this amended to “prohibited”.
5. Objections to the report were to be submitted to NE by 22 November and only accepted in the format shown in their report. Objections will be forwarded by them to the Planning Inspectorate, who will in turn adjudicate on the matter before sending the final recommendation to the Minister of State for the Environment.
6. This process was likely to result in the path being declared open in late 2018.
Chairman’s Note: Para’s 2, 3 and 4 were verbally agreed/accepted by NE on Wed 4 Oct.
PRECIS
NE has a statutory duty under the Marine and Coastal Access Act 2009 to improve access to the English coast. The duty is in two parts: one relating to securing a long-distance walking route around the whole coast – the England Coast Path; the other relating to a margin of coastal land associated with the route where in appropriate places people will be able to spread out and explore, rest or picnic.
Whilst NE aim to strike a fair balance between the interests of the public in having rights of access over coastal land, and the interests of owners and occupiers of land over which any coastal access rights would apply, we have the right to make objections, but it should be noted that these new rights do not affect any traditional tolerations landowners have allowed.
Reading the overview in detail will help explain the proposals. It contains an overall map of the proposed “path”on which Aldwick is designated under Area 3. Paragraph 3 of the overview should be read in conjunction with the corresponding more detailed maps, which in our case are contained in Chapter 3 – Aldwick Bay to Elmer, which by now you will have realised is a separate document and therefore quite difficult to manage without a split screen or a printer!
Importantly the overview explains “Roll Back” a term which explains how NE have the authority to “roll back” the coastal path without seeking additional ministerial permission, but only if their original submission contains a proposal indicating a section of trail is subject to significant erosion or other coastal processes or significant encroachment by the sea. Roll back may be used to adjust the trail either in direct response to such changes or in order to link with other parts of the route that need to roll back in response to such changes. Whilst the report notes the shingle beach at Aldwick is largely undefended, the latter does not appear to be singled out for roll back. See Chapter 3 (3.2.1). The Board will seek to clarify this point.
The overview also explains the second table or set of tables for each Chapter, in which NE have set out any other options considered during the initial planning stage (in relation to the route and the coastal margin), and explain why these did not form part of the proposals. In particular NE point out that the coastline in West Sussex is predominantly unconsolidated shingle beach which is difficult to walk on for long distances, and as such, in places roads parallel to the coast have been chosen by them in order to provide a firm walking surface. For some areas, where there is no formal existing access or suitable roads to follow, the shingle beach has been chosen for the trail. In our case there is a gap between existing public footpaths adjacent to the coast, which again is addressed in detail in Chapter 3.
Of note, NE point out that the main issues raised by owners and occupiers on our extent of the coast “concern private estates, where there are no existing public rights of way. “At Aldwick Bay, residents of the private estates are concerned about their privacy, litter and potential damage to the vegetated shingle habitat, which is a protected feature of Bognor Reef SSSI. Residents at Aldwick and Middleton on Sea are concerned that their residences will be shown within the coastal margin, where the trail is located inland to avoid a sea defence.” Careful study of the maps would indicate that no residence on our estate lies within the coastal margin. NE goes on to say, “In general the existing public access provisions are already managed effectively alongside adjacent land uses, but there are places where we have been able through discussion with relevant interests to identify small adjustments to the existing coastal route which better integrate recreational benefits with the interests of owners and occupiers”
The report mentions a request from “Ramblers” for improved accessibility at sections of coast adjacent to private estates where currently there is no formal access. We can find no confirmation of any such access being approved. Privacy issues for residents , particularly where the proposed trail and coastal margin are close to properties, disturbance to vulnerable habitats and protected features, namely our vegetated shingle beach, have all been addressed and have resulted in confirmation that signage will be installed at several locations giving information about the presence and importance of sensitive features and to discourage access through the vegetated shingle. They will also highlight the benefits of walking by the waters edge at low water, leading people away from the property frontage.
Once the Secretary of State’s decision has been made NE or West Sussex County Council on their behalf, will consult further with affected land owners and occupiers about relevant aspects of the design, installation and maintenance of the new signs and infrastructure that are needed. All such works will conform to the published standards for National Trails and the other criteria described in our Coastal Access Scheme. Further work could be carried out where necessary either to establish or maintain the route, or to provide any means of access to the coastal margin, using powers and procedures set out in Schedule 20 of the Marine and Coastal Access Act 2009 and chapter 3 of the Countryside and Rights of Way Act.
CHAPTER 3 ALDWICK TO ELMER
The following sub paras refer specifically to our stretch of the path and are direct quotes from the report:
3.1.4 “In some areas an inland diversion is necessary to take the trail past sea defence structures between Aldwick and Bognor Regis (sections EHS-3-S042 to EHS-3-S052 map 3.b) and at Middleton Point (sections EHS-3-S075 to EHS-3-S078 map 3.e) which are currently inaccessible at high tides (See Future Change, below and Part 8 of the Overview). However, there are places where it may not be entirely suitable for people with reduced mobility because the trail will follow an uneven surface on sections of shingle beach in places”.
3.1.11 “Restrictions and exclusions: No directions to restrict or exclude access are proposed on this length of coast. However, access rights to the spreading room would be subject to the national restrictions on coastal access rights listed in Annex D of the Overview. These restrictions would not apply to public rights of way. See part 10 of the Overview – ‘Restrictions and exclusions’ – for details”.
3.1.14 “At the time of preparing the report, we do not foresee any need for future changes to the access provisions proposed for the length of coast described in this chapter.”
ACCESS AND SENSITIVE FEATURES APPRAISAL
The following paragraphs lifted from the report are relevant to us:
3.5 Vegetated shingle Conclusion: Due to sensitivities to changes in access this feature group has been ruled in for further consideration in this appraisal
3.10 Coastal Geomorphology Conclusion: This feature group is ruled out for further consideration in this appraisal, as they are located in inter-tidal areas where the public already has access at low tide.
4.6 Bognor Reef SSSI – Outline of changes in access:
There is no formal coastal access between Pagham Harbour Estate and Bognor Regis, either through the Aldwick private estates or along the beach. The trail proposal is to use an existing informal path upon the back of the vegetated shingle beach, which is part of the Bognor Reef SSSI. The preferred trail route is along the landward side of the shingle beach along a clear, existing informal path adjacent to properties. The shingle beach habitat is therefore on the seaward side and it is not split by the trail. All the beach will automatically become part of the seaward coastal margin, however it is already used by the public. Away from this existing informal path along the landward edge, the beach is unconsolidated shingle, so it is more difficult to walk on and there is no clear line for the trail through the vegetated shingle along this stretch of coast. The section of open coastline here is just over a mile in length.
Potential for interaction (or lack of it). The beach already has good access, with sections of board-walk and numerous informal paths, there is low potential for increased interaction between users of the trail and the vegetated shingle features of Bognor Reef SSSI. The way marked National Trail should encourage users of the trail to keep to the trail route, rather than wandering around the shingle beach, trying to find a way through the clumps of vegetation. Alternatively, walkers will continue to choose to use the firm beach at low tide, as it provides easier walking.
5.3 Bognor Reef SSSI
5.3.1 Environmental sensitivity.
Bognor Reef SSSI has been designated due to coastal vegetated shingle (SD1-3) features, which include Sea Kale, Curly Dock and Yellow Horned Poppy. There is also a population of Schedule 8 plant, Childing Pink. There are areas of grass and ‘garden escape’ plants including Valerian, particularly towards properties of the Aldwick Estate. There are Tertiary Palaeobotany and Palaeoentomonology geological features within the inter-tidal zone. Bognor Reef SSSI already has habitat condition monitoring by Natural England, to assess any changes through time for the interest features.
5.3.2 Current access provisions and use of site for recreation
The shingle beach at Aldwick is relatively remote from visitor services, so it is used considerably less than the popular beach at Pagham Harbour Estate or the seafront at Bognor Regis. The easiest way to walk between Pagham Harbour and Bognor Regis is to follow the firm sand and shingle at low tides. The shingle beach above the high tide is unconsolidated shingle, which is difficult to walk on for any distance. Upon the vegetated shingle beach above the mean high tide line there are numerous paths meandering between the clumps of vegetated shingle. There is a continuous informal path along the landward edge of the beach adjacent to properties. Most walkers using this beach between Pagham Harbour and Bognor Regis either use the informal path adjacent to the properties or along the sandy beach at low tide, as both provide easier walking than the unconsolidated vegetated shingle. There are a couple of board-walks leading from the seaward ends of private estate roads towards the crest of the shingle beach, with benches upon the viewing area. Note: The board will authorise additional signs in the vicinity of the seats stating the benches at the end of Becker Walk are for the sole use of residents only.
Maps show the extent of the Bognor Reef SSSI, shaded in pale pink along the beach between Pagham Beach Holdings private estate (end of East Front Road) in the west and Bognor Regis pier in the east. Any existing public footpaths are generally through the Aldwick private estates in a north-south direction, as shown on the map, with no direct route available parallel to the coast along roads within the private estates. There are a number of informal paths and board-walks upon the vegetated shingle beach.
In summary, visitors currently either walk along the beach at low tide, which provides easy access on firm sand and shingle, or make their way along the vegetated shingle, following an existing informal, well walked path adjacent to property boundaries which provides easier access than walking on the unconsolidated shingle along this lengthy stretch of coast.
5.3.3 Access proposal
From the west at Pagham Beach Holdings, the proposed route for the trail is to initially use the existing section of paved board-walk parallel to the coast along the vegetated shingle beach, which is part of the Bognor Reef SSSI. When this finishes, the route will then join and follow the existing well walked path along the landward edge of the beach for approximately 1.7km adjacent to the Aldwick private estates, to the alleyway adjacent to Aldwick Hundred. Here the route will head inland to avoid at high tide an impassable concrete sea defence. The alleyway leads to the pavement along Craigwell Lane to Fish Lane, where the trail crosses the road to follow the pavement on the north side of the road, then returns to the coast at the western end of Bognor Regis promenade. The infrastructure will be limited to way marking signs and an information panel at each end of the shingle beach section, explaining about the SSSI and vulnerable vegetated shingle habitat, and to stay on the trail or to use the firm beach at low tides.
Away from the preferred route there is no other existing clear path all along this lengthy stretch of shingle bank, which is unconsolidated shingle and therefore is difficult to walk on and has vulnerable vegetation. The interpretation will include that the easiest place to walk is along the beach at low tide, which is within the coastal margin, as this provides a firm surface and thereby easy walking. The map below shows the proposed line of the trail and the automatic seaward coastal margin as a purple tint.
5.3.4 Predicted change in use of site for recreation
Landward of this coastline are a number of private estates at Aldwick, where car parking by non – residents is “discouraged” on the private estate roads. We will seek to have this amended to “prohibited”. The nearest public car parks are at Pagham Harbour Estate and at Bognor Regis. Therefore this coastline is quiet and is mostly used by local residents from the private estates.
Generally, the trail will secure access along this stretch of coastline. Promotion of the National Trail is likely to attract more visitors, however the area is relatively remote as there are no visitor facilities nearby, with access either from Pagham Harbour or Bognor Regis. Therefore any increased access is likely to be walkers using the trail rather than more holiday makers, as it is considered to be too far to walk in for the average tourist and there are no facilities to attract them here. There are beaches with facilities close to car parks at Pagham Harbour Estate and at Bognor Regis, which already attract a considerable number of visitors in the summer months.
5.3.5 Possible adverse impacts to sensitive features
The trail is proposed to follow an existing informal path along the landward edge of the shingle beach at Aldwick. This section of beach is considered to be remote, as there are no visitor facilities nearby. There is possibility of increased trampling of vegetated shingle areas, however the vegetation is generally a high sward height and visitors have tended to avoid these areas, so any disturbance is likely to be for the shingle itself. This is already occurring, as there are numerous existing informal paths meandering across the shingle beach between the clumps of vegetation.
The waymarked National Trail route and information panels will encourage users of the trail to keep to the trail route, rather than walking across the shingle beach, trying to find a way through the clumps of vegetation on unconsolidated shingle. Alternatively, walkers will choose to use the firm beach at low tide, as it provides easier walking. The interpretation panels will make visitors aware that there is easy walking within the coastal margin at low tide along this stretch of coast.
5.3.6 Any mitigation measures included in the access proposal to address possible impacts
The trail has been aligned along the landward edge of the shingle beach, as this provides the clearest continuous route and provides the easiest walking surface of numerous informal paths upon the beach. It leaves the interest features intact, rather than intersecting them with the trail located further way from properties. Waymarking signs and information panels are proposed for each end of the vegetated shingle beach. The panels will explain about the vulnerable nature of the shingle beach and its interest features, so that walkers are clear that they are to stay on the path and to avoid areas with vegetation, or alternatively to use the firm beach which provides easy walking at low tides. The SSSI will continue to have ongoing condition monitoring of the interest features, to gauge whether there is any detrimental effects by visitors using the coast path.
5.3.7 Conclusion
There is no existing public footpath along the stretch of coast between Pagham Harbour and Bognor Regis and there is no clear route adjacent to the coast through a series of private estates at Aldwick. The trail route has been aligned along the landward edge of the shingle beach, along an existing informal path which provides a clear, continuous route along the beach. The beach above the mean high tide line is vegetated shingle and is part of the Bognor Reef SSSI. There are existing numerous, minor informal paths upon the shingle beach, however these are on unconsolidated shingle and there they provide no clear route along this lengthy stretch of coastline. Any detrimental effects due to coastal access will be closely monitored by the existing regular habitat condition monitoring for Bognor Reef SSSI.
Mitigation includes clear way marking and information panels, to explain about the protected, rare and vulnerable vegetation on the shingle beach and to ensure that users keep to the trail or to use the beach at low tides for easier walking. No formal exclusions are proposed for Bognor Reef SSSI.
We have fully considered ecological sensitivities in this area alongside the current and predicted access levels. It is expected that the predicted absence of a significant increase in use together with clear way marking, use of information panels and ongoing habitat condition monitoring, delivers all necessary mitigation.
August 2020