Who is LEGALLY responsible for public slipways ?

[zambant]

Is there anyone who can point me in the direction of the legislation / regulations about responsibility of public slipways.
I have read numerous article by people expressing their view but no one can give me the statue ref.
I'm trying to get a 3 year old sunken wreck cleared from a public slipway it has sunk below the HW mark and above CD
The local port authority maintain that as its above CD then its the local councils responsibility and they are only responsible for maintaining the main navigation.
The local council say that as its below the HW mark so its the port authority's responsibility......
Any one please?
Oh! and I cant do the job myself its a b***** big steel barge
Thanks
Fair winds
John

 

[oldharry]

Chi Harbour Conservancy's definition of 'in the harbour' is below HW mark or on Conservancy land. Does the Port Authority maintain half tide moorings or charge harbour Dues for half tide moored boats? If so it's down to them I would have thought, though I can see them wanting to duck out of an expensive wreck removal job. Somebody must own, or have owned the thing. Owners should expect to be liable even for a derelict. Not an expert, just an opinion!

 

[JumbleDuck]

I'm trying to get a 3 year old sunken wreck cleared from a public slipway it has sunk below the HW mark and above CD
The local port authority maintain that as its above CD then its the local councils responsibility and they are only responsible for maintaining the main navigation.
The local council say that as its below the HW mark so its the port authority's responsibility......

The pier at Port Bannatyne belongs to nobody. It was originally built by the Bannatynes in the 17th century, but they are long gone. Neither the local authority nor the crown estate will accept any responsibility, so when the locals wanted to repair it they formed a Community Interest Company which did the work and then dissolved itself.

An old wooden fishing boat was abandoned and sunk alongside it, but nothing could be done about it because nobody had authority to take action, and the owner refused an offer of £6,000 from the CIC to buy the boat. In the end, long after the restoration was done, the fishing boat disappeared one night, but although a few people thought they heard a JCB doing something brutal, nobody saw anything ...

So I'm afraid that unless anyone is prepared to accept responsibility, it may be up to you. How's your angle grinding?

 

[Daydream believer]

The local port authority maintain that as its above CD then its the local councils responsibility and they are only responsible for maintaining the main navigation.

Think it would be sensible to challenge the term " MAIN navigation". It may be that it has nothing to do with the level of LW as the water can be navigated at HW as well. One might also ask the question of the Crown Commissioners for advice on the subject, as they will know who has rights. It may be that one party of the other actually leases the land/seabed from the CC & as such is responsible for its maintenance. In any event, a freedom of information request should throw up a deed showing who is responsible for what.. IE our fairway committee leases the sea bed so has a lease held by the parish council which defines the area leased & our responsibilities for that area.

 

[solent clown]

Zambant, I assume you are referring to the slipway opposite the football stadium on the Itchen. You will get precisely nowhere with any local authority, they are not interested. None of the public slipways are maintained in any meaningful way, it is just a managed decline, Woodmill has overgrown, Crosshouse has big holes in it, Woolston is only looked after at all as it presents a flood risk to residents and businesses. The slipway at Netley appears to be going the same way.
That slipway at St Marys is used as a car park for football too, so was never a great bet. You can if you are wearing your four wheel drive shoes, just about launch a dinghy from there but its not fun

 

[[163233]]

I suppose there is always the option of insisting that it's yours and charging for access until someone proves it's theirs. Then you'd know who to collar.

 

[lw395]

I suppose there is always the option of insisting that it's yours and charging for access until someone proves it's theirs. Then you'd know who to collar.

I think you'd get a business rates bill backdated 10 years!

I think the real answer is that there is in fact no such thing as a public slipway.
They may be council owned, owned by port authority or Joe Bloggs, but they all belong to someone and there is no real 'public right' to use them. Whoever owns them can close them or slap on a hefty charge as they wish.

 

[ProDave]

I think you'd get a business rates bill backdated 10 years!

I think the real answer is that there is in fact no such thing as a public slipway.
They may be council owned, owned by port authority or Joe Bloggs, but they all belong to someone and there is no real 'public right' to use them. Whoever owns them can close them or slap on a hefty charge as they wish.

Up here the local council claim ownership. There is a "public slipway" sign and a notice telling you the (£5) fee but no instructions how to pay it, not even an honesty box. I guess they don't collect much in fees.

 

[superheat6k]

This may not provide a definitive answer for your question, but might help educate the responsibilities for Docks and Slips from the HSE perspective.

http://www.hse.gov.uk/pUbns/priced/l148.pdf

 

[LadyInBed]

I suppose there is always the option of insisting that it's yours and charging for access until someone proves it's theirs. Then you'd know who to collar.

Or write to all the possible owners saying that you would like permission to put something on the slip.
Wait and see who says no

 

[oldgit]

a few folks down here on the Medway await a conclusion on this subject with some interest.