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The Norfolk Broads Forum / Broads Authority Issues / Private mooring at How Hill
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Posted By Discussion Topic: Private mooring at How Hill

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Paladine
Jun-16-2020 @ 2:41 PM                           Permalink
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The number of 24hr moorings available at How Hill has been reduced by one. The downstream end, the bit that goes round the corner into a small bay, has been delineated by a wooden barrier and is now a private mooring (for Captain Joshie’s old boat, for those who are wondering why it's there).

The explanation given to me by the Broads Authority is:

”The Broads Authority was approached by an individual who had recently purchased a residence in close proximity to How Hill with deeds showing a right to a mooring space for an ,’any size of boat’ where the Broads Authority’s current How Hill boat shed sits.

After investigation and legal advice a negotiated compromise was offered for a restricted mooring space at the end of the public moorings.
  
This is an important location on the Broads and the boat shed and is an iconic feature which we did not wish to change.

The Broads Authority were unaware of this right previously as the deeds were not declared or registered with land registry something which often occurs when dealing with  historic paperwork.“


I then asked some more questions and these are the replies:

Q. I presume that the individual only has a right to moor.
A. Your assumption is correct

Q. So the land involved still belongs to the Authority?
A. Yes

Q. Who is liable for the cost of maintaining the mooring?
A. The property with the mooring right is liable for upkeep and maintenance. The mooring is not available for sub-letting and when/if the property is sold the properties mooring right at that location ends.

This is what the Staithes of the Broads report, commissioned by the Authority, has to say about How Hill:

"The Ludham enclosure award of 1802 (NRO C/Sca 2/189) list two staithes in the parish, in addition to that on Womack Water (see River Thurne section of this report). One is parcel 23, which is near How Hill and was described as ‘Howe Fen Staithe’ (TG 37001915).

It was allotted to the Drainage Commissioners, and is shown approached by a road which is described as being for ‘the use and convenience of owners and occupiers of land adjoining’, but also for ‘the several persons who shall, for the time being be entitled to use the staithe’.

The Ludham tithe apportionment and map of 1842 (NRO DN/TA 599) shows parcel 23 on the enclosure map as now comprising, in part, a marked widening of what is clearly marked as a public road as it meets the river; and in part as parcel 477, described as ‘river wall and sock dyke’, owned and occupied by the drainage commissioners.

The First Edition OS 25” shows a slightly confusing situation, partly because a drainage mill had now been erected on parcel 477, but it does show an inlet from the river contained within this same parcel, probably for mooring. The 1910 Finance Act is ambiguous in its treatment of the river wall area, although it would be consistent with ownership by the Drainage Commissioners; the road leading to the staithe is here shown as private, part of the property of Edward Boardman (TNA PRO IR 58/62530).

In the 1970s the Norfolk Education Committee at How Hill tried to claim that the area of the staithe, and the track leading down to it, were private, but the attempt failed and this remains a public staithe. There are Broads Authority public moorings nearby. Ludham Parish Council has recently registered its ownership of the staithe with the Land Registry.

Parish staithe with free moorings."


I am told that the house in question is the one opposite How Hill, The Mill House. When this was advertised for sale a few years ago, the estate agent’s text included a reference to the right of access to the river:

”It is important to note that there is a mooring on the River Ant just a short walk down the hill. The path is now a public footpath but The Mill House has it's [sic] own right of access to the river and this stems back in history to the wherry boats bringing their grain to be ground in to flour at the windmill.”

The access is the road that leads from the public road to the wide landing area at the upstream end of the 24hr moorings, which, according to the research in the Staithes Report, is a public village staithe.

An article in the property for sale section of the EDP mentioned that:

”From the main house and the mill, it is just a short stroll down to the River Ant, where there is a mooring.

The route is now a public footpath but the property has its own right of access to the river, stemming back to days when the wherry boats brought their grain to be ground into flour at the windmill.“


This might be seen as a bit of an embarrassment for the Authority, with the allocation of the restricted mooring being the easiest way out, but I am, on the information I have been able to garner, not totally satisfied that it was the correct course of action.

Whatever may have been written into the deeds, it appears that only a right of access was bestowed on “the several persons who shall, for the time being be entitled to use the staithe” by the allotment process, which is a legal process.

This would be entirely normal, as at that time, parishioners were given a right to use staithes that were awarded to parishes. But not for permanent mooring, just for the loading and unloading of goods. It sounds as if this is why the right of access was granted to “several persons” regarding the How Hill staithe.

If the Ludham enclosure award of 1802 lists a number of persons/properties as being entitled to use the staithe, the Authority could find itself in an even more embarrassing position, if a queue of local inhabitants forms at Yare House, wanting a free mooring at the BA’s (tollpayers’) expense.

These enclosure awards are available at the Norfolk Records Office. I wonder if they have been examined.



"..for the avoidance of any doubt, the broads are not legally a national park and do not come under the national park legislation, and nor will they."
Parliamentary Under-Secretary of State for DEFRA (Hansard 2015)

Hylander
Jun-16-2020 @ 2:49 PM                           Permalink
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Cor thats a bummer isnt it ,   we used to moor there a lot.  How come it has only come to light recently that that section is private?    When they did the quay heading , they repaired it  for a few feet around the corner if I recall?   You do get a lot of Seagulls down at that end though which can be a pest at times and noisy.    The fishermen love that part.

Women dont nag they just
point
things out...



M

Captain-Joshie
Jun-16-2020 @ 3:28 PM                           Permalink
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Hi Pally

Nice to know where our boy has ended up, not sure I’d liked to have a permanent mooring just there with all those Richardson’s boats hacking up and down!

Perhaps he should be in the BA boat shed and be better protected Evil Grin  and the BA boat downstream round the corner. Braveheart is a boat befitting of a private boat shed  Playful Wink .

John.

Kind regards, John(Captain
Joshie), Jo & Toby.


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Hylander
Jun-16-2020 @ 3:38 PM                           Permalink
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I agree with you.   Hope they like cleaning the Seagulls little messages.

Of all the years we have been on the Broads and it must be 40 this mooring coming to light is a real surprise.


Women dont nag they just
point
things out...



M

Paladine
Jun-16-2020 @ 4:10 PM                           Permalink
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"How come it has only come to light recently that that section is private?"

If you read the OP (sorry it was so long) you'll see it isn't actually a private mooring, but the BA have made it one, so to get them out of a hole they'd dug for themselves.

But I question the "right to a mooring" as opposed to a right to access the river at the public staithe.

Obviously, the erection of a boat shed would require planning permission, and the only mention of such I can find on the BA Planning Portal is for a replacement boatshed in...wait for it...1987! The portal doesn't seem to go back any further, which isn't surprising, as that is about when the BA became operational. So there has been a boat shed on the site for well over 30 years.

The NNDC Planning Portal goes back to 1974, and only the 1987 application shows up, so the 30 years is now more than 45 years.

"..for the avoidance of any doubt, the broads are not legally a national park and do not come under the national park legislation, and nor will they."
Parliamentary Under-Secretary of State for DEFRA (Hansard 2015)


This message was edited by Paladine on Jun-16-20 @ 4:24 PM

Steve51
Jun-16-2020 @ 4:30 PM                           Permalink
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We cruised up there on Sunday for a picnic and spotted it moored there. At the time I was a bit miffed at someone pinching my favourite spot. Playful



Steve. CM1 and NR12

Captain-Joshie
Jun-16-2020 @ 4:30 PM                           Permalink
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Hi Hylander , Monica

Might be wrong but re reading Pally’s post the BA shed is built in/on the owners real mooring!!! and BA have compromised by giving him permission to moor at the downstream end permanently.

I find BA are amazing in that they built their shed on someone else’s land! I can only hope the next purchaser of the property demands that the BA remove their shed from their moorings. That would serve BA  right. Hope the owner is going to charge BA for having a shed on his property as least.

John.



Kind regards, John(Captain
Joshie), Jo & Toby.

Paladine
Jun-16-2020 @ 4:40 PM                           Permalink
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Captain-Joshie, the person claiming the mooring right doesn't own the land, and doesn't own the land against which Braveheart is now moored. My concern is that I have been told there is a right to moor permanently, but all the information I can find only points to a right of access to the river (for e.g. loading and unloading) at a public staithe, now registered by Ludham PC.

"..for the avoidance of any doubt, the broads are not legally a national park and do not come under the national park legislation, and nor will they."
Parliamentary Under-Secretary of State for DEFRA (Hansard 2015)

Captain-Joshie
Jun-16-2020 @ 5:36 PM                           Permalink
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Hi Pally,

I read in your OP it was “in his deeds”, that he had mooring rights. If these deeds are old they may well not be on the BA’s radar as the rights to moor in the location of the BA’s shed. That doesn’t mean they weren’t always there but just not exercised, good for him on exercising them now, the BA get away with far to much.

I doubt anyone can see deeds, other than those on the computerised systems, I know when we bought an old house we got a bundle of very old deeds, very interesting they were!

John.

Kind regards, John(Captain
Joshie), Jo & Toby.

Paladine
Jun-16-2020 @ 5:58 PM                           Permalink
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C-J, I was told by the BA that the deeds contained "a right to a mooring space for ’any size of boat’ "

I take that as the deeds contained the phrase 'any size of boat', but the 'right to a mooring space' was the BA's interpretation of the deeds' wording, not the actual wording.

I haven't seen the deeds, but there is a world of difference between a right of access, which appears to be what the enclosure award bestowed, and a right to moor (particularly when the location is a public staithe).

Having read the enclosure awards for my own village, which isn't far from How Hill, I would be most surprised if the Ludham award gave a right to permanently moor at a parish staithe. Given the size of the staithe, that would effectively block its use for the reason staithes were generally awarded to parishes - to allow the free loading and unloading of goods (note the reference earlier to wherries taking grain to the mill).

The authors of the Staithes Report quote from the actual award of the staithe: "It was allotted to the Drainage Commissioners, and is shown approached by a road which is described as being for ‘the use and convenience of owners and occupiers of land adjoining’, but also for ‘the several persons who shall, for the time being be entitled to use the staithe’."

No mention of a right to moor, just a right to use the staithe.



"..for the avoidance of any doubt, the broads are not legally a national park and do not come under the national park legislation, and nor will they."
Parliamentary Under-Secretary of State for DEFRA (Hansard 2015)


This message was edited by Paladine on Jun-16-20 @ 6:01 PM

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