Cardiff Bay mooring

[Graham_Wright]

Does anyone have the definitive answer?
Rumour has it that you can stay a maximum of 28 days afloat on your boat in any one yaear and no more than five of which can be contiguous.
Despite diligent scouring of the various by laws and harbour rules, I have found no mention.

 

[KevinV]

Where did the rumour come from? Ask them to back it up perhaps?

The only meaningful mention of 28 days I can find in the harbour byelaws is here:

Part 4 25 a) Except with a mooring licence from the Harbour Master, no Master or
Owner of any Vessel shall moor in Cardiff Harbour for more than 28
days

 

[Graham_Wright]

Where did the rumour come from? Ask them to back it up perhaps?

The only meaningful mention of 28 days I can find in the harbour byelaws is here:

Part 4 25 a) Except with a mooring licence from the Harbour Master, no Master or
Owner of any Vessel shall moor in Cardiff Harbour for more than 28
days

That refers to the harbour not the Bay.
I have an interest in not stirring things up but the harbour master stated it. I can go back - but!

 

[Graham_Wright]

I have contacted Cardiff County Offices with reference to this.
I feel cheated. When we joined the club, we were not told about this rule. Although we pay annually for 12 months, only only one month of that can we spend on the boat.
Doesn't seem just.

 

[Graham_Wright]

I formally contacted Cardiff Council whose byelaws are alleged to rule.
They referred the enquiry to the harbour master who has so far declined to identify the formal written regulation.

 

[Tremyporth]

Does anyone have the definitive answer?
Rumour has it that you can stay a maximum of 28 days afloat on your boat in any one yaear and no more than five of which can be contiguous.
Despite diligent scouring of the various by laws and harbour rules, I have found no mention.

A bit of a belated response, but I was wondering whether the reference to 28 days might perhaps have its origins in the Town and Country Planning legislation. That creates controls and restrictions over uses of land, including land covered by water.
Planning Law is complex and often capable of varying interpretation, but mine is as follows.
A port, harbour, or “marina” would normally be considered to be some sort of commercial use. That use applies to the establishment, not to any vessels which may happen to be in it, nor to the use made of them. In terms of Planning Law, use of land as a Port or harbour would not normally include any authority for residential use. Any dwelllings associated with ports or harbours, as is common in“marina” developments, have to be the subject of specific grants of planning permission.

Moveable chattels such as caravans or boats may be equipped for residential use, but in themselves they do not require planning permission to be so used. If, however, they stay in the same place for more than 28 days in any calendar year whilst being used for residential purposes, and if that land has no pre-existing planning permission for residential use, then Planning Law says that the use of that piece of land (or land covered by water) has changed. Change of Use is subject to planning control.

In general, planning authorities do not have sufficient resources to monitor every boat in every harbour to check whether any of them are used as permanent residences. But in the event that they were to identify such a case of unauthorised change of use, (usually following a complaint from somebody) then they might need to consider taking enforcement action. That would have to be against the owner of the land or premises, as well as the resident in the chattel vessel.
That could well cause some harbour or marina operators to take steps to protect themselves from any potential legal challenge from their local Council by creating their own rules for their clients.

Generally speaking, local authorities can only regulate matters, including the exercise of planning controls, within their own administrative area. That area does not usually extend below low tide mark, unless specific provision applies. (Maybe into a bay or estuary largely surrounded by land?) So I would have thought many (but not all) non-drying moorings could not to be restricted by local authority Planning control. That would not prevent controls from other sources, such as By-laws or contractual restrictions which Harbour Authorities or operators might decide to impose.

Perhaps a case of "least said, soonest mended"? - Or not mended, if mending the uncertainty might formalise and increase regulations.

 

[Graham_Wright]

That's a very complete response.
Liveabords are specifically excluded (and rightly so). If one has a permanent residence, that seems to imply any owned vessel used extensively is not a liveabord (a view expressed by the harbour master).
The harbour master has reiterated the rule but has yet again declined to quote its source.
In my book, it doe not exist.
However, I have now moved toe Penarth Marina which is situated in a different county and not covered by any formal regulation relating to time on board.