On Wednesday, January 03, 2007 1:38 PM [GMT+1=CET],
sean neill <[EMAIL PROTECTED]> wrote:
>> I also read this earlier. Seems to me that the importance of this
>> case cannot be overstated. I'm sure many people here recall smaller
>> scale disputes in the likes of Nantwich and Ansty about moorings
>> near to property. The concept that boats can be prevented from
>> mooring in a "pretty" location by property developers is a scary one.
>>
>> Steve
>> NB Bream
>>
> I think we (and BW) need to separate out different types of moorings
> and defend them equally. As I understand it, the K&A case is about
> established permanent / residential moorings, as was the Tideway case?
Yes, the tideway case was about established long-term moorings. One of the
points that was argued was what constitutes established use. In planning
law, once a use has been established for ten years, it is deemed to have
planning permission. Southwark Council agreed that one or two of the barges
at Downing's Roads had been there for over ten years and so they had the
rights of established use, but they further argued that the use didn't apply
to the set of moorings as a whole but to the individual vessels. The
planning Inspector didn't (as far as I remember) comment on that point as it
was over-ridden by other considerations. Even had he ruled one way or the
other on that point, a Planning Inquiry does not create a legal precedent.
I think this is an area of law that needs clarifying.
> The Ansty case was about existing cruising moorings - perhaps more
> difficult to defend as BW has established the principle of a fairly
> draconian regulation of the right to moor while cruising.
I'd not agree with Sean's wording here. I don't see BW's regulation of
cruising moorings as draconian. By and large they only regulate "official"
visitor moorings that they have created. Most of the mileage of towpath is
unregulated.
> BW's powers
> to permit new permanent moorings would be a third issue.
Yes indeed, and I don't think BW has got the law right here. While planning
law may not apply to what BW allows people to do on the water, it certainly
does apply to the land that is needed for access, and this is highly
relevant to residential use.
Mike Stevens
narrowboat Felis Catus III
web-site www.mike-stevens.co.uk
Defend the waterways.
Visit the web site www.saveourwaterways.org.uk
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