Agenda item

A public question had been received from Eileen Parkes, resident and Chair of the Kingswear Neighbourhood Plan Group. “Now that the legislation regarding coastal access has come into force for the area of coastline including Kingsbridge, please can you tell us when the right of way to Lighthouse beach, footpath 8, will be opened by Devon County Council.  We have waited patiently for a long time for this access and speedy action is needed.  We would appreciate a quick reply and resolution to the situation.”

Richard Walton, Public Rights of Way and Country Parks Manager, provided background and the legal steps that had to be undertaken to secure access.

The definitive map and statement relating to Kingswear Footpath 8 indicate that the path is located between Beacon Road and the beach.  In basic terms, it is a cul-de-sac footpath to ‘a point of interest’.  However, with the King Charles III England Coast Path designation complete for this stretch, the beach is now part of coastal margin, and so benefits from the new coastal access rights. Although these access rights are now applicable, there are various stages to go through before the connection with Kingswear Footpath 8 can be reopened.

As an access authority, Devon County Council has powers and implementation of these potentially involves a three stage process through which the Council should be able to secure access between Footpath 8 and the beach and removal of the existing gate.  The length of time to achieve opening will depend on how many of these stages need to be gone through. 

1. Devon County Council negotiates with the landowner to request that the gate is voluntarily kept unlocked (or removed) and, if required, related remedial works are carried out. This first stage was about to happen.
2. If negotiation is unsuccessful, Devon County Council may serve notice on the landowner under measures and powers within the Countryside and Rights of Way Act 2000, and the Marine and Coastal Access Act 2009.  The notice provides the landowner with a minimum of 21 days to carry out the required actions and may be followed by subsequent notices if these actions are not addressed.
3. If the landowner does not respond to a requisite number of notices, Devon County Council may pursue action through the Magistrates Court which could lead to fines and costs recovery.

These processes need to be gone through in sequence under the legislation.  At stage 2, the landowner may appeal to the Secretary of State (via the Planning Inspectorate), albeit on limited grounds. 

In relation to coastal access rights, the situation presented an unusual scenario.

A map was requested of the site and of any other sites being discussed by the Forum.

Action:  Richard Walton

It was noted there had been historic use of the beach, evidenced by photographs.

After discussion it was agreed the Devon Countryside Access Forum is supportive of negotiations commencing with the landowner. The Forum is keen that the Council updates information as soon as reasonable due to the level of public interest.

An update was requested for the meeting in January.