Environment Agency takes on illegal river Thames moorings
By Chris Caulfield - Local Democracy Reporter
5th Apr 2024 | Local News
Persistent rulebreakers who ignored the short-stay regulations and instead moored for years at a River Thames hotspot have been slapped with civil trespass proceedings.
The Environment Agency (EA) has said it has successfully brought the action against "a number of boaters" whose actions deprived others of their rights to pull ashore at West Molesey, and "changed the character" of the river.
The watchdog said it hopes its actions will ensure fair access for all – as mooring is only permitted for boats using the river for pleasure and for no longer than 24 hours.
Joe Cuthbertson, a manager at the Environment Agency, said: "As the navigation authority for the River Thames, we took this case to court to protect and ensure the public rights of navigation and mooring for everyone.
"We brought these trespass proceedings against the boat-owners as a last resort. They have been moored continuously and without any right, unfairly denying others the chance to moor their boats on the river at this location."
The action came on the back of a series of complaints and years of failed efforts to persuade them to move voluntarily, with a small number of people abusing time limits at free-of-charge locations by overstaying – in this case, for years, the EA said.
Mr Cuthbertson added: "We are pleased that the judge has found in our favour, and we hope that the defendants will move their boats before enforcement action becomes necessary.
"This is all we have ever asked of them."
The Environment Agency served notice in Autumn 2022 on a group of boats moored without permission at West Molesey, downstream from Sunbury Lock.
The EA said they were trespassing on the riverbed.
In March 2023, the agency issued proceedings for those that refused to move, demanding the 10 defendants to leave the land.
The hearing took place over three days last year with the written judgement passed down in March 2024, in favour of the EA on all points.
The judge confirmed the Environment Agency, as owner, was entitled to make a claim in respect of boats trespassing and that the boat-owners would not be made homeless.
In his statement, the judge wrote: "They will be prevented from long-term and residential mooring on this stretch of the river, but could move elsewhere."
The judge added that permanent mooring "not only prevented other vessels using that part of the river, but also changed |the character of that part of the river."
A further hearing will be held before 31 July 2024 to determine the extent of the possession order that the Environment Agency and for any appeals from any of the defendants.
The EA said the ruling does not prevent anyone from stopping to moor to the riverbank, including the defendants but confirms that no-one should abuse the site.
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