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Mouldy

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Smoggy -   the land is owned I believe by the Parish.    I only say I believe.      Sorry but it is a very popular mooring and no amount of sitting on the fence is going to convince boaters that this person (I assume it is a person and not someone beamed down from Lord only knows where) is not playing the game.     If you or I pitched up as this person (s) has or have and put up a fixed platform and a brolly and a garden , you and I would be turfed off forthwith.    I expect behind the scenes it is someone's job to move this person (s) on.     Just watch this space as they say.

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But IS there a time limit? Does the boat have less of a right to be there over anyone else? (I don't know the answers to these)

If it is owned by the parish it's the parishes place to decide if it should be there not any random boat owner that wishes to take the place.

They may be taking the wee wee but that is not the same as breaking a law.

 

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15 minutes ago, Smoggy said:

But IS there a time limit? Does the boat have less of a right to be there over anyone else? (I don't know the answers to these)

If it is owned by the parish it's the parishes place to decide if it should be there not any random boat owner that wishes to take the place.

They may be taking the wee wee but that is not the same as breaking a law.

 

If the boat isn’t tolled and I mean if, should it be on the river, never mind occupying a wild mooring?

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35 minutes ago, Smoggy said:

But IS there a time limit? Does the boat have less of a right to be there over anyone else? (I don't know the answers to these)

Johnny Crowe's staithe is owned and maintained by Catfield Parish Council. It is a 'permissive' mooring, in that parishioners have a right to use it and non-parisioners are given permission to use it, by the PC.

I would therefore tactfully suggest that anyone mooring there has as much permission as anyone else, unless they are a parishioner. If anyone feels upset about someone mooring there, then they should take it up with the parish.

Strikes me that there is no legal time limit in terms of how long you can stay there, it depends on what permission you get from the parish council. Certainly, the boat there has as much right to use the mooring as anybody else. There was some investigation done by parish councilors some time back to look at the feasibility of dredging the dyke and charging for annual parish moorings. Enquiries at that time suggested that the parish council had neither the funds, nor manpower to complete the work. The BA were approached and again dredging of the dyke didn't figure in their dredging program of works.

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1 hour ago, Hylander said:

 If you or I pitched up as this person (s) has or have and put up a fixed platform and a brolly and a garden , you and I would be turfed off forthwith. 

And rightly so, however I went past Johnny Crowes staithe during the week and it was completely clear., not even any Jaspers. If you look carefully you will see the "fixed" platform is actually floating. I make no comments on whether it needs a toll, BSS or insurance, but the whole kit gets towed from place to place and does seem to move on from time to time.

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1. Several years ago, I conducted a considerable amount of research into Johnny Crowe’s Staithe and published the results on NBN. The first thing to reiterate is that the place where the heron is standing is NOT the staithe. It is simply a trespass mooring at the mouth of Crome’s Dyke. The remains of the actual staithe are about 100 yards along the dyke, where it takes a right-angled turn.

Back in 1978 Catfield Parish Council laid claim to the staithe and there was a Commons Commissioner’s hearing. The commissioner’s decision was that "In the absence of any evidence that any other person could be the owner, I am not satisfied that any person is the owner of the land, and it will therefore remain subject to protection under section 9 of the Act of 1965."

 He was referring to the Commons Registration Act 1965, section 9 of which says "Where the registration under section 4 of this Act of any land as common land has become final but no person is registered under this Act or the Land Registration Acts 1925 and 1936 as the owner of the land, then, until the land is vested under any provision hereafter made by Parliament, any local authority in whose area the land or part of the land is situated may take such steps for the protection of the land against unlawful interference as could be taken by an owner in possession of the land, and may (without prejudice to any power exercisable apart from this section) institute proceedings for any offence committed in respect of the land." 

So the parish council can protect the staithe as an owner might do, but is not actually the owner of it.

2. The trespass mooring where the heron was standing is, however, parish land, as is the river bank adjoining it, heading upstream. It is not a parish mooring, formal or otherwise. The Parish Council have, in the past, requested long-term moorers to move on, and it is to the PC that any comments/complaints should be addressed.

3. The toll checking facility is not to be relied upon. While it gives an indication of whether or not a vessel is tolled, if an owner has difficulty paying the full toll, an arrangement can be made for the amount of the toll to be paid in instalments. Until such time as the full amount has been paid, which might well be at the very end of the toll year, the vessel will show up as ‘Toll Unpaid’. The rangers are very well aware of these untolled, or partially-tolled boats. The ultimate sanction is prosecution (expensive) and you can’t get blood out of a stone. Unlike CaRT, who can remove unlicensed boats from their canals, the Authority has no authority to remove untolled boats from the Broads.

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8 hours ago, Paladin said:

Unlike CaRT, who can remove unlicensed boats from their canals, the Authority has no authority to remove untolled boats from the Broads.

Perhaps the difference is that CaRT own the banks as well as the canals, so you are always mooring on their land.  On the Broads (which has no towpaths) I believe the BA can only remove a boat if it has become an obstruction to the navigation. Which effectively means, once it has sunk.

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