Stop anchoring boats being an imprisonable offence

Aim

The Marine Mangement Organisation want to make anchoring a boat in the UK a licensable activity, charging up to £3k for a licence to do so.

Hi, I'm Dean and for the past 7 years I have been battling with the Marine Management Organisation (MMO) for the right to anchor my own boat on my own foreshore, down here in Cornwall.

Anchoring a boat has been part of our Public Right of Navigation for milenia in Britain, and during my fight I have stumbled across a very serious threat to this, unfortunately meaning I am being dragged through the courts by them as they are hell bent on getting case law against me to enable them to make anchoring any boat a marine licensable activity.

This is something the MMO have been trying to do for some time as can be seen here:

https://www.islandecho.co.uk/houseboat-owners-using-spudlegs-in-bembridge-have-threat-of-prosecution-lifted/

Fortunately, they dropped their case against the houseboat owners as they were strong in numbers to fight them. They are now coming for me, one man, as getting the case law they need will ensure they can implement a licencing requirement to anchor boats raising much needed revenue for them as an underfunded government body.

This will also mean they will have the power to refuse the licence.

 Initially this  could have serious implications to many houseboat communities forcing them to be moved on, but it would not stop there, as well as this many beautiful anchorages mainly occupied by weekend sailors throught the UK  would also no longer able to stop when visiting.

 This is particurly pertinent as in my own area there are many wealthy second home owners that want to keep the view clear in front of their waterside properties. A licence application to use your boat's anchor would open up a public consultaion where they could voice their objections and ensure their view remains clear. Marine management  plans for all areas in the UK now include:

Policy SW-SCP-1:

 Proposals that may have a significant adverse impact upon the seascapes and landscapes of an area should only be supported if they demonstrate that they will, in order of preference: a) avoid b) minimise c) mitigate d) if it is not possible to mitigate, the public benefits for proceeding with the proposal must outweigh significant adverse impacts to the seascapes and landscapes of an area.

THIS INCLUDES THE VISUAL IMPACT OF A VESSEL! In other words the right to a view.

My story in brief: In 2017 I purchased a small quay, slipway and unusually, a strip of seabed (foreshore) in front 200 metres long.

I also purchased an ex Royal Navy munitions barge which I planned to place on my foreshore and live in.

In 2018 I submitted an enquiry to the MMO asking if I needed a marine licence to moor my boat on my foreshore with pin anchors (also known as spud legs). I have chosen to moor in this way as it is the most environmentally friendly way to moor a vessel, is endoresed by Natural England and the Environment Agency and offers the best holding method.

They confirmed I did not need a marine license as I was exempt under Article 22 of the 2011 Exempted Activities Order, which was there to allow for routine activities such as anchoring.

Fast forward a year and they wrote to me stating there was a brand new regulation meaning any vessel using spudlegs would now require a licence. It turns out THIS WAS FALSE information, which I uncovered but they have now said it does not matter, due to the  information below, and has turned into ANY OBJECT deposited on the seabed requiring a marine licence!

You see, under the Marine and Coastal Access Act 2009 (MCAA 2009) there is a regulation that states:

Deposit of any substance or OBJECT

A marine licence is required to deposit any substance or object within English waters or Northern Ireland offshore waters, either in the sea or on or under the sea bed if the deposit is made from a:

• Vehicle
• Vessel
• Aircraft
• Marine structure
• Floating container
• Structure for the purpose of depositing solids in the sea

‘Vehicle’, ‘vessel’, ‘aircraft’, ‘marine structure’ and ‘floating container’ are defined in Section 115 of the MCAA 2009.

However, there are also certain licensable activities that classed as exempt under the 2011 Exempted Activities Order:

Deposits in the course of normal navigation

A licence is not required for deposits of any substance or object in the normal course of navigation or maintenance of a vehicle, vessel, aircraft or marine structure. 

This is covered by Article 22 of the 2011 Exempted Activities Order.

For full information on exempted activities, please visit the link below:

https://www.gov.uk/government/publications/marine-licensing-exempted-activities/marine-licensing-exempted-activities

This is a category 1 exemption so no notification to the MMO would be required.

Despite this being clearly communicated by email to me they have done a complete U-turn and I find myself in court, facing 2 years in prison for, "carrying out a marine licensable activity without a marine licence, because an anchor is an object.

I have been fighting this on my own for some time unable to afford a marine law expert, researching and preparing everthing myself but still spending a considerable amount of my own money in the process in an effort to protect the right to anchor for everyone in the UK, and stop the requirement for expensive marine licence applications to deposit your anchor on the seabed.

I have an imminent trial ahead and am scared to face a possible imprisonment of up to 2 years, a fine up to £50k or both.

I am asking for support to cover what I have had to spend so far as well as a possible appeal (should I not be successful at trial) which would need to go to the Supreme Court in London.

There is much more to this and part my own story can be read here:

 https://www.cornwalllive.com/news/cornwall-news/cornwall-dad-faces-two-years-9653286

This site can be slow so it can also be viewed in the Sun, Mirror and Express among others.

Even if I am successful in court and manage to stop the MMO from implementing this I am still facing  further large expenses with Cornwall Council (who are now saying I need planning permission for my anchors, depsite granting me a Certificate of Lawfulness to  moor boats on my foreshore, I am currently appealing their enforcement).

In addition to this a wealthy local homeowner, that owns 2 properties nearby, and does not live in Cornwall, has started civil proceedings against me for nuisance and trespass. My boat is visible from this holiday let property, and this is being used as a mechanism to gain an injunction to make me move.

I have stated on several occasions I will not even query if I am trespassing partly on their neighboouring foreshore, which way do you want me to move, I will do so, to be neighbourly. The only answer I get is that I must move off my foreshore entirely and out of the creek.

With regard to the nuisance aspect they feel they should be able to moor boats on their foreshore and that they should be allowed to swing over onto my foreshore, which they cannot do as my boat is there. Our foreshores are over 200 metres long and my boat is just 26 metres. 

I have had legal advice on this and was told that as they have more money I should concede and do as they wish! For obvious reasons I cannot take this advice, it should be about justice and not who has the biggest wallet. 

And so having spent much of my own money fighting the case with the MMO, which will benefit all boat owners by ensuring a licence to anchor does not become case law, I am not left with anything to address the cases with other forehore owner or Cornwall Council. 

A bit about me: 

I was born and bred in Cornwall and after 17 years in banking I took voluntary redundancy, initially working in the construction trade before finding employment in mental health and the care sector.

My career took this change in direction after losing my younger brother, who sadly lost his battle with mental health.

I have worked for a blue health charity, the UK's first OFSTED registered care home supporting with children in care with severe emotional and trama needs and now support adults with additional physical and mental needs.

My work is rewarding but as I am sure many are aware underfunded.

Down here in Cornwall the price of rent has been exasperated by many properties now being used as holiday lets, creating a shortage of housing for locals, pushing the price up even more.

This now means on a sole income it is uaffordable to rent.

I realise and I am grateful to have been able to buy my boat and land from my days in the banking industry, however, the boat still requires a full conversion, again the money for this lost to the legal battles I have faced.

Once done it provides the only affordable option to house myself and my 8 year old Son, where I can afford to run a home and still do the job I love.

It also means that being offgrid I will be greatly reducing my impact on the environment and living much more sustainably. Before embarking on this project I was able  purchase many of the expensive items such as a large solar and battery system, but have yet to fit any of it due to needing insulate and fit out the inside.

Thank you so much for taking the time to read all of this, please feel free to get in touch and share with anyone that has a boat or could be affected.

Stay kind, 

Dean

This project successfully funded on 26th November 2024