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Henley Moorings

Scapegoat

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Re the names on boats.
There are byelaws relating to boats having names and registrations on them if kept on the Thames.

Not sure if accidentally obscuring the landside and stern name badge with towels would breach byelaws.
The number of boats without names (not even obscured) is significant and is increasing. And even those with a name don’t always comply with the placement and letter size requirements.
 

ianc1200

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Could be, but some boaters use it as an excuse - hence the spat some years ago between the owner of African Queen & the town council (I might be wrong but thought when eventually he went they banned him for evermore).
 

Mark26

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Could be, but some boaters use it as an excuse - hence the spat some years ago between the owner of African Queen & the town council (I might be wrong but thought when eventually he went they banned him for evermore).
He still stops there
 

bourne35

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Public meeting: District Enforcement activities in Reading, 21st May – National Bargee Travellers Association

When considering any aspect of use of the river Thames it is important to recognise that the river is, legally, the oldest highway in the land. As such anyone can use it without let or hindrance; the only proviso being that the ”vessel” whatever that might be is appropriately registered with the EA. To obtain registration it must have valid insurance and, if powered, a valid Boat Safety Certificate (BSC).

Less than 3% of rivers in England are accessible to the public.
A common interpretation of Section 104 of the Thames Conservancy Act is that it refers specifically to the towpath, not the bank. The aim being, historically, to ensure the towpath is clear of obstructions so as not to impede horses (or mechanical tractors) towing barges. A vessel moored to the bank does not cause an obstruction on the towpath.


According to s.79(2) of the 1932 Thames Conservancy Act the Public Right of Navigation on the non-tidal Thames entitles boats to moor, anchor or remain stationary for a "reasonable time in the ordinary course of pleasure navigation". The Public Right of Navigation includes the right to moor on the towpath as confirmed in Bye-law 54b of the Thames Navigation and General Bye-laws 1993. This right exists wherever the Environment Agency possesses an easement over the towpath of the River Thames; the easement covers the majority of the towpath. In addition, public quays exist throughout the Thames. On all land that the public has acquired the right of mooring or unloading, by whatever means, vessels may stay as long as they like, provided this right is exercised reasonably (J B Phear Esq: A Treatise on Rights of Water, Stevens and Norton 1859).
Therefore, boats may only be prevented from mooring on the towpath over which the Environment Agency possesses an easement if they "loiter or delay" for longer than a reasonable time. There is no definition in law of what is a reasonable time in this context. The reasonableness of the length of stay depends on factors such as the circumstances of each boat and on river and weather conditions.
The authority of Crown Estate Commissioners v Fairlie Yacht Slip Ltd [1978] Scot CS CSIH 3 confirms that while a Public Right of Navigation does not extend to the right to lay permanent mooring structures, where a Public Right of Navigation exists, it includes the right to moor for temporary periods using equipment that is intended to be, and can conveniently be, taken onto and carried on board the vessel in the ordinary course of use. The Court made no ruling on what length of time constitutes “temporary”.


The Thames Navigation and General Bye-laws 1993 contain powers to remedy nuisance by boats such as the lighting of fires, obstruction of the towpath and excessive noise, and include in bye-law 57a the general power to remedy annoyance caused to the occupier of a riparian residence by the "loitering or delay of any house-boat or launch". The Port of London Authority has similar powers such as bye-law 56 of the Port of London River Bye-laws 1978. In addition to these powers specific to the navigation authorities, general criminal and environmental health remedies exist for anti-social behaviour, noise nuisance, dangerous dogs, dog fouling, litter and breach of the peace, which local authorities should already be aware of.

There is also an absolute right to moor to gain access to a public highway be it a footpath or a road. My understanding is, that on publicly owned land, this right trumps any signs banning mooring.
 

Outinthedinghy

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That raises the obvious question of the location of the public right of way and whether it adjoins the waterway.

I can't think of anywhere with a public road immediately beside the River. Ok so the Thames path is a right of way but I suspect it is a certain width and does not include access to the waterway.

Access land is an interesting one. Usually privately owned land which has been dedicated as access land for public use. The crow act 2000 specifically says that you may not use access land to swim or use vessels on non tidal rivers.

Section b.

Also interesting that one is not allowed to take ones cat for a walk.

"
Restrictions to be observed by persons exercising right of access

General restrictions
1[F1(1)][F2Section 2(1)] [F2Subject to sub-paragraph (2), section 2(1)] does not entitle a person to be on any land if, in or on that land, he—
(a)drives or rides any vehicle other than an invalid carriage as defined by section 20(2) of the M1Chronically Sick and Disabled Persons Act 1970,
(b)uses a vessel or sailboard on any non-tidal water,
(c)has with him any animal other than a dog,
(d)commits any criminal offence,
(e)lights or tends a fire or does any act which is likely to cause a fire,
(f)intentionally or recklessly takes, kills, injures or disturbs any animal, bird or fish,
(g)intentionally or recklessly takes, damages or destroys any eggs or nests,
(h)feeds any livestock,
(i)bathes in any non-tidal water,

&c...

----------

Presumably part b) would also suggest that you are not allowed to access the land from a vessel.

One wonders whether dedication of land as public access land might sort out the swimmer problem and the illegal mooring problem and the issue of people out walking their cats in one fell swoop.
 
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oldgit

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One wonders whether dedication of land as public access land might sort out the swimmer problem and the illegal mooring problem and the issue of people out walking their cats in one fell swoop.
The last time we accompanied our moggie on her trip up the Thames she resolutely refused to step ashore. She did however leg it when moored outside the Malta Inn on the Medway at Allington.
It took a packet of Dreamies to lure her back
As with most females the lure of food overuled all else.
 

Outinthedinghy

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Was that on the tidal or non tidal section of the Mudway?

It is important to distinguish between the two as the crow Act does specifically mention non tidal sections and the things one is not allowed to do.

You are allowed to take your cat for a walk if you are adjacent to tidal sections of rivers. Non tidal sections it is a major faux pas.

Of course if the cat is out alone then you would probably be ok as it specifically relates to humans having with them animals other than dogs.

Of course this also means one is not allowed to take ones alpaca or llama out for exercise but I guess that is quite a reasonable requirement given the spitting.

And no bees.
 

Scapegoat

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That raises the obvious question of the location of the public right of way and whether it adjoins the waterway.

I can't think of anywhere with a public road immediately beside the River.
The A308 runs through Old Windsor next to the river at The Bells of Ouzeley” (Harvester). Signs state 24 hour moorings
32D69C9D-4845-4A6D-899C-5C42F6043CF2.jpeg
 

Outinthedinghy

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The road is not right beside the River though is it. I imagine the line of the road is probably marked on land registry and perhaps the highways have a little bit each side as well but there is definitely something between the road and the River which someone must be in charge of.

Maybe it's no man's land.

Adie on Bustardthorpe has been getting away with mooring just down from there for a long time but then that is quite a big boat and slightly awkward to move so perhaps best to let sleeping dogs lie.

I would assume that the moorings over the road from the Bells of Osney are EA owned by default but entirely possible it could be unregistered land.

Some nice historical references to the hostelry now a Harvester site can be found on this page:

Bells of Ouzely - WHERE THAMES SMOOTH WATERS GLIDE
 
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Scapegoat

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The road is not right beside the River though is it. I imagine the line of the road is probably marked on land registry and perhaps the highways have a little bit each side as well but there is definitely something between the road and the River which someone must be in charge of.

Maybe it's no man's land.

Adie on Bustardthorpe has been getting away with mooring just down from there for a long time but then that is quite a big boat and slightly awkward to move so perhaps best to let sleeping dogs lie.

I would assume that the moorings opposite the Bells of Osney are EA owned by default but entirely possible it could be unregistered land.
To the best of my knowledge, the strip of land between the road and river is owned by the Old Windsor parish Council
I think BustardThorpe has benefited by being on the border of Surrey (Runnymede) and Berkshire(RBWM). According to the county map it’s in Runnymede but their council insists it’s in RBWM - passing the buck
 

Outinthedinghy

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To the best of my knowledge, the strip of land between the road and river is owned by the Old Windsor parish Council
I think BustardThorpe has benefited by being on the border of Surrey (Runnymede) and Berkshire(RBWM). According to the county map it’s in Runnymede but their council insists it’s in RBWM - passing the buck
True.
It seems likely that the little brook which exists just under the bows of the barge would be the county boundary but yes I think it is a pretty deliberate bit of mooring. In the case of that particular spot the strip between the road and the River is very narrow. There is proper heavy bank protection piling there which presumably must have been done by the highways agency to prevent subsidence in the road.
 

bourne35

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I glided past the town council moorings at Henley earlier this evening on a cruise. Full to the brim.

It's going to be an interesting time bearing in mind the old Ultra Vires story and local authority powers. It's not unusual for local authorities to overextend and make up legal powers they don't actually have.

It's a shame if it ends up going the same way as Richmond with a byelaw and nobody allowed to moor as I believe the Henley council quite like the £33k a year they take from the moorings..

It's ok to collect mooring fees if you are a private riparian owner but a local council can not act in the same way. They are able to apply for byelaws though and they will get around to it eventually.

Hopefully it will involve paying and stating rather than the Richmond and Hounslow options of anyone staying for more than an hour is a criminal..

Perhaps you should point out Ultra Vires to Henley Town Council. This is the Thames tow path and they should be in compliance with the
The Thames conservancy act 1932 with amendments 1966 and 1972 ,Thames bye-laws 1993 and riparian responsibilities.
how they operate their visitor moorings on the tow-path.
 
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