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The Norfolk Broads Forum / ASK JP #2 / No Mooring signs
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Posted By Discussion Topic: No Mooring signs

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TerryTibbs
Oct-13-2016 @ 6:11 PM                           Permalink
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At various places around the Broads, the Broads Authority have erected ‘No Mooring’ signs on private land. These signs carry the weight of Navigation Bye Law 59(1), which says: "The master of a vessel shall not moor the vessel at any place where the Authority has prohibited mooring by a Notice displayed at or near that place." Contravention of that BL is a criminal offence, which carries a maximum penalty, on conviction, of a fine not exceeding Level 3 on the Standard Scale (currently £1,000).

The purposes of the Bye Laws are “...for the good management of the navigation area, the conservation of its natural beauty and amenities and the promotion of its use for purposes of recreation.” (Section 10(3) Norfolk & Suffolk Broads Act 1988).

Some of the signs have clearly, and understandably, been positioned at locations which have been over-used as ‘wild’ or ‘trespass’ moorings, to allow for the recovery and/or renovation of the bank. Others have been positioned where such bank erosion, or any other conservation or navigation issues, are not evident, and appear simply to serve the purpose of a landowner who does not wish boaters to ‘trespass’ moor. Then there are others that appear to be redundant, having been in place for so long that they are virtually hidden by undergrowth that has grown up over years.

1.What specific criteria are used when the placement of a ‘No Mooring’ sign on private land is considered?
2.Who makes the decision to make the placement?
3.What influence does the landowner have in the making of the decision?
4.Does the landowner have to agree to the placement?
5.How often, and by whom, is each decision reviewed?
6.Is there a central register of the locations of the placements and reason(s) each placement was made?
7.How is the expression in BL 59(1) ”…or near that place” to be interpreted? Within 10 yards of the sign? 20 yards? 400 yards?



Je suis Charlie

Marshman
Oct-13-2016 @ 9:26 PM                           Permalink
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It would probably be helpful if you were to include a list of some locations, so he could look at a number of examples. You might then see some commonality.

Paladine
Oct-13-2016 @ 9:31 PM                           Permalink
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That rather presupposes the answer to Q.6 is 'No', and that there is no cogent policy regarding the signs  tounge-in-cheek

"..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 Oct-13-16 @ 9:34 PM

JP
Oct-20-2016 @ 5:44 PM                           Permalink
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Evening Terry

The majority of no mooring signs have been placed on land by the Environment Agency where they have undertaken flood defence works.

The Authority will use ‘no mooring signs’ on land in its ownership when there is either a safety concern over people mooring in that location or conservation concerns, such as erosion.  This will be determined from the site risk assessment which is done on an individual basis for each of our sites. The Authority will not typically put ‘no mooring’ signs on private land.  This would be up to the landowner to manage.  

However, the Authority has in the past placed ‘no mooring’ signs on private land where works have been undertaken to remove trees or scrub from the river bank to allow for vegetation to re-establish or as part of an agreement for other works in an area. In these instances it would have been part of the agreement with the landowner to allow works to be completed on the site. When the banks have stabilised we would then look to remove the signage.  We have programmed the removal of some of this signage over this winter including along the upper Bure between Wroxham and Belaugh. We do not have a record of where this signage has been used.

Regarding the interpretation of ‘or near that place’ in many cases this is obvious with either a change in bank (such as vegetation where mooring would not be possible anyway or the start of a piled section, etc.) or marked by a fence, post or similar.  Where is not obvious the signs would be used to mark the end of the limits.

As Marshman has suggested if any Members of the Forum have any particular sites in mind please let us know.

J.

Paladine
May-11-2017 @ 8:15 PM                           Permalink
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"We have programmed the removal of some of this signage over this winter including along the upper Bure between Wroxham and Belaugh. We do not have a record of where this signage has been used...

...As Marshman has suggested if any Members of the Forum have any particular sites in mind please let us know."


Well, winter has come and gone, quite a bit of bank clearance has been carried out by the BA between Wroxham and Belaugh, but the redundant signs still haven’t been removed. They are all very, very overdue for removal. Painting out the words 'Broads Authority' hardly qualifies as 'removal'.

To assist the BA to find them, as they have no record of where they put them, this week I took photos of them and recorded the TG coordinates.

TG 2818 1767
TG 2860 1708
TG 2868 1705
TG 2872 1704
TG 2888 1725
TG 2893 1703




"..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 May-11-17 @ 8:15 PM


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Paladine
May-15-2017 @ 8:22 PM                           Permalink
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Update:

The redundant signs have now been removed.

The remaining signs, with the words 'Broads Authority' painted out (by the BA) were originally placed in relation to bank regeneration, and have been left in situ at the request of the land owner, because of trespass mooring issues, but no longer carry the weight of the bye laws.

"..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)


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