Been told no right to Anchor?

[elioti]

Hi, could i have some advice please regarding the right to anchor. Have had my boat on the river Avon , Aveton Gifford, Devon. The Duchy own the fundus and is tidal. The Duchy have recently appointed somone to take control of the moorings as before it was free for all. I asked the person in Charge appointed by the Duchy to control the moorings, and he has informed me there is no right to Anchor in the estuary! How can i not be allowed to Anchor. I recently moved my boat back to the river/estuary and put the Anchor down. I am informed i cannot. Where do i stand please? Also, if this person in chrge decides to change his mind and allow me (unlikely) can he charge? This person appointed has very litlle experience with the marine environment, and the Duchy are leaving the rules to him. Can anyone help please? Thanks!

 

[elioti]

when i emailed to ask about anchoring, this is part of the reply...


The charge is for a license for permission to use or be on the River owned
by The Duchy of Cornwall. There are no visitors anchorage in the upper
regions of the River.
All dues must be paid according to the length of boat . £65 per year for
boats under 30' £100 per year from 30' to 40' ( weekly , Monthly ,or
Daily charges no not apply).

 

[Lakesailor]

Do you mean anchor or moor, as in a laid mooring.

This web site any good to you. Lots of contact numbers. http://auneconservation.org.uk/

 

[wklein]

Boats at anchor do not seem immune from harbour dues across lots of west country rivers. The amounts of money do not seem exorbitant so i would just pay up and avoid the hassle, especially as its quite a nice spot up there.

 

[lw395]

At £65 I'm tempted to get an anchorage there myself!

 

[maxi77]

I seem to remember one of the magazines did a series of articles on this problem and in general I think a lot depends on how the charters giving the rights to charge and control are written, some have been challenged with varying success. I have a suspicion though that for most things the Duchy's charters are pretty bomb proof

 

[Tranona]

There is a useful information sheet on anchoring and mooring rights on the RYA site. Generally speaking there are few places in rivers, estuaries of harbours where you can moor, or even anchor without the owner being able to levy some form of charge, although not all do. It is however common for the owner (Crown, Harbour authority or Duchy etc) to let the mooring rights to a third party to operate. They may also as seems to be the case here issue licences direct to individuals.

 

[elioti]

Hi, thanks for the replies. I have been googling and it seems that where there is a right to navigate, there is a right to anchor, and you cannot be charged if its part of your navigation?? I know its cheap to moor, and i am getting a mooring there for 1 of my boats, but may want to visit in my bigger boat, and told i cannot anchor, surely this cannot be right. The crown estates website says since medieval ( or however you spell it!) times there is a right to anchor. The guy in charge has sent me another email confirming i may not anchor at all ! This seems ludicrous to me. Cheers everyone for the advice!

 

[elioti]

see here the crown estate website, is this the same as the Duchy?

http://www.thecrownestate.co.uk/marine/moorings-and-marinas/working-with-us/

also its not about paying the £65 or £100 depending on the size of your vessel, he says there are no day/week/month tarifs. So basically i cannot visit even for one night unless i pay for a year!

 

[akyaka]

The guy in charge has sent me another email confirming i may not anchor at all

Why not ask him by what right in law does he make that assertion and to send details to you.

 

[dgadee]

It's a tax (if it involves the Crown Estate):

"We are first and foremost a commercial organisation. We have a mandate under the Crown Estate Act 1961 to deliver a return on our assets - in other words to make a profit. And all our profit goes to the Treasury for the benefit of the nation."

 

[st599]

http://www.whatdotheyknow.com/new/duchy_of_cornwall

 

[dgadee]

That is only relating to environmental information, not freedom of information.

 

[LadyInBed]

I seem to remember one of the magazines did a series of articles on this problem

It was Sailing Today, mainly concerned with not paying to anchor in Newtown Creek IOW, but it also discussed the charter for Beaulieu River and other estuaries where they made charges.

 

[Searush]

I can't believe that you cannot anchor for safety reasons in the course of your navigation. That could include resting overnight or eating as well as for engine, rig, or navigation equipment failure in my book. Just do it & see what happens, as when you ask, "Can I . . ." the response of minor officials will always be NO!

 

[achwilan]

tax gatherers

see here the crown estate website, is this the same as the Duchy?

http://www.thecrownestate.co.uk/marine/moorings-and-marinas/working-with-us/

also its not about paying the £65 or £100 depending on the size of your vessel, he says there are no day/week/month tarifs. So basically i cannot visit even for one night unless i pay for a year!

You may just rig the boarding nets and wait for the huns...

 

[Amulet]

As a general rule I find it easier to ask forgiveness than permission.

 

[WilliamUK]

Reasons I hate royalty: NUMBER ONE!!!

They stole OUR land and OUR rivers from common ownership and now tell us we have to pay for the pleasure of using them. I find it staggering and sickening in equal measure that so many people are actually proud to live under such base oppression.


You can extend my complaints above to government treating public land (i.e. ours) as their private property so they can charge us for and allow or deny us its use.

 

[st599]

That is only relating to environmental information, not freedom of information.

It includes use of rivers.

 

[colvic987]

What about the safety of your vessel whilst navigating up the river. waiting for the tide etc....surely there is acknowledgement of this for safety reasons....