The NBTA condemns the manner in which the LVRPA have approached the matter of mooring in Borxbourne. There has been no clear attempt to consult with the relevant parties including boating groups, local businesses or the Canal and River Trust.
Regardless of interpretation of the law, we expect that those bodies entrusted do so to the highest standards of care and active engagement.
To date the signage has been removed and people have and will continue to moor here.
But we are not out of the woods yet, with the implimentation of the London Mooring Stratergy Broxbourne mooring will become a thing of the past to many, it sees the implimnetation of ‘water sports zones’ and short term mooring, this compounded with the recent addition of Winter Moorings leaves Broxbourne inaccessible for boaters without a home mooring. These are very real threats being made on other stretches of the River Lea and Londonwide which seek to limit and reduce our access to London and the surrounding area.
The following statement reflects the opinions of the NBTA London:
Regarding the signage posted by Lee Valley Regional Park (LVRP) in November 2017 between Broxbourne to the North West of Broxbourne Cruising Club on the adjacent side along the towpath until south of Lee Valley Boat Centre, 1km spot.
Land Registry document number HD526013.
It is NBTA’s opinion that:
A Public Right of Navigation exists on the River Lea as it does on all navigable rivers whether natural or canalised. It is a legal right for boaters to navigate and moor in this area. This is a Common Law right that has existed since Time Immemorial and can only be only changed by primary legislation.
This includes the right to anchor, to remain for a “convenient time”, to moor and to fix temporary moorings in the waterway or on the foreshore and to the ground, without payment to the owner of the soil.
The signage that has been placed in this area does not affect this right and the restriction of mooring on this site is not lawful.
Section 21 (Control of moorings, etc.) of the Lea Valley Regional Park Act 1966: The Board shall have due regard and refrain from interfering in established mooring practices and shall not prevent the mooring of any vessel which could lawfully have been moored.
As long as you remain within in the law by respecting other people’s right of free passage and comply with relevant legislation* this should not affect your licence with CRT.
*Under the British Waterways Act 1995, CRT is obliged to give a license if you can provide evidence of the following three things; third party insurance, boat safety certificate and that you are using the boat bona-fide for navigation or that you have a mooring, as stated in Section 17 (3) (c) ii of the British Waterways Act 1995.