"Mike Stevens"
<[EMAIL PROTECTED]> wrote:

This is puzzling me.  It seems to be about moorings at Ladies Bridge
on the K&A.  Is this the bridge near the wide, not far west of Wootton
Rivers on the long pound?
 
If so, it is in the middle of nowhere, so I assume these are transient
moorings?

So what is the case about?  Any boat can moor almost anywhere against
the towpath (given a lack of dredging arrears), and may do so as long
as it does not impede navigation AIUI.  I would have thought that this
means that transient mooring as a use is established along all
waterways.

Long-term moorings may be in a different situation, but I'm assuming
these aren't planned at Ladies bridge.

A distinction has certainly been made on quite a lot of occasions wrt
residential moorings.  However, even this is doubtful, as I have the
transcript of a planning inspector's decision saying effectively that
the use is mooring, and what goes on in the boat is irrelevant.

So, the fact that the local council is trying to enforce it is
worrying, but perhaps not dreadfully so (provided BW defends itself
intelligently).

>A few years ago, when I was active in London IWA's Planning & 
>Navigation Committee, I gave evidence on their behalf in a case like this on 
>the Thames Tideway, at Downing's Roads, Bermondsey (on the south bank a 
>little way downstream of Tower Bridge), where local residents had persuded 
>the Borough of Southwark to try to remove some residential barges from a 
>historic barge roads, on the grounds that there was no plannng permission 
>for residential use.

I believe this case is not a good comparable.  

The current operator of the moorings was able to show that there had
been barge moorings at this site for several hundred years, and seems
to have had a good case for ancient rights.  The argument in the end
boiled down to how many barges were allowed to moor there, rather than
the principle of whether any mooring at all was allowed.

At Ladies bridge, AIUI there have never been any long-term moorings,
so the argument is over what BW is allowed to do rather than what it
has been doing.  

I suspect this is really another example of the pervasive ignorance
that is so often found on the part of local authorities about anything
to do with waterways.  I hope so, anyway.

Adrian

Adrian Stott
07956-299966

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