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I said earlier that I would address the Council's breezy dismissal of the Human Rights angle, so for the record for such as are interested in these things, relevant considerations that must apply to the test of proportionality are described as follows -In de Freitas v Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing [1999] 1 AC 69 the Privy Council adopted a three-stage test for determining proportionality. Lord Clyde observed, at p 80, that in determining whether an act, rule or decision is arbitrary or excessive the court should ask itself: "whether: (i) the legislative objective is sufficiently important to justify limiting a fundamental right; (ii) the measures designed to meet the legislative objective are rationally connected to it; and (iii) the means used to impair the right or freedom are no more than is necessary to accomplish the objective." According to EU Law (5th edn OUP 2011) 526  by P Craig and G de Burca, the test of proportionality is generally acknowledged to comprise 4 stages: • there must be a legitimate aim for a measure • the measure must be suitable to achieve the aim (potentially with a requirement of evidence to show it will have that effect) • the measure must be necessary to achieve the aim, that there cannot be any less onerous way of doing it • the measure must be reasonable, considering the competing interests of different groups at hand.Now that the Council have approved the plan - and it is, as I have said, high time that they took such a positive step - they should ensure that their approach in dealing with the incumbent boat dwellers is in strict conformity with the law, even if ordinary decency and concern for their population escapes them.

Nigel Moore ● 3984d

Something of a sideline: I have already noted that the riverbed ownership issue is irrelevant to the positions of both Council and PLA, but as a link has been provided to the CaRT website article on the Thornton decision, I thought it perhaps apt to make some relevant comment.No-one familiar with Canal & River Trust propaganda [and the factual background to them] will ever read them without serious reservations. It is typical of them that they rely on repetition of the false to establish a perception of truth. They characterise the boater who brought the actions referred to as “an unlawful moorer” who challenged the CaRT ownership of the site “where he previously unlawfully moored”.This flies in the face of both High Court and Appeal Court decisions that firmly rejected the BW/CaRT claims of unlawful mooring – too late for that boater and the others who were unlawfully evicted from the River Brent end of the Grand Union Canal, but the Appeal Court finding confirmed retrospectively that they had NOT been unlawfully moored, and that the “section 8” eviction Notices served by British Waterways had been themselves both unlawful and consequently criminal. For CaRT to continue even now to defy that court ruling when publishing these comments is only to be expected, but people should be aware that it is in fact a lie.As to the published quotes from the Thornton judgment, they are correct; the judge was sadly contradicting throughout that judgment, even his own recorded positions. At the kindest, this could be laid at the door of the two year delay between permission hearing and handing down of his decision.As to the last paragraph of the article, I am uncertain off the top of my head whether this is CaRT talking or the judge. Either way, it is wrong; the challenge to the PLA title affected by the application before Thornton had nothing to do with the Thames – it related to the River Brent. The dispute relating to the Thames is still ongoing.Insofar as the article quotes part of the judge’s comment re: myself, it quotes yet another of the judge’s many pretended misapprehensions – the right to mooring of my vessels had already been recently confirmed by the superior court to that of this apprentice judge, and it was only my alerting him to this that had prompted him to think it was about time to hand down the already too-long delayed decision.For the record, the travesty of justice perpetrated by that judge is to be the subject of an application to the European Court of Human Rights.Apropos, the Council’s approach to the issue and impact of the Human Rights Act of 1998 on their proposals is likewise fatally and dismayingly flawed – but I’ll deal with that later.

Nigel Moore ● 3987d

I’m not suggesting the project itself is misguided – far from it. What I am appalled by is the utterly unnecessary, unpleasant, and thoughtless presumption that getting rid of the boaters presently onsite is a necessary first step to improvement – and that, whether the scheme even goes ahead or not.As a first step, the Council should have been approaching the boaters [whether individually or collectively], informing them of the desire to revamp the area; assuring them of berths if co-operative; and making arrangements for phased development whereby alternative berths could be provided while that was rolled out.There was publicising last year on here I believe, of the ministerial exhortation to riparian Boroughs to encourage the increase of houseboat moorings where suitable, as some small part of addressing the housing problem in London. This location has been a neglected opportunity for ages, and the boaters presently there have introduced life where there was only decay – their significant contributions need to be acknowledged and rewarded.Certainly, amongst them as in any community, there will be those for whom the development will not be to their taste, and/or unsuited to their pockets – but without pandering to the LCD, the Council should be looking at this as an opportunity for them to improve quality of life for their ‘clientele’, increasing revenue through Council tax, and making some small profit overall without having the scheme become subject to maximisation of profit on purely business lines, and thus marginalising the poorer sector.One of the fascinating aspects to life afloat is the extraordinary mixture of ‘classes’; income brackets, and professions – as the article indicated. Few communities can demonstrate such cross-sectional variety, and this should be treasured, and protected by the Council from purely commercial aspirations. They are uniquely placed to do so.

Nigel Moore ● 3987d

Such a lot of misinformation! As journalism goes the article is not too bad, but of course it can only relate what it has been told, and too much of that is simply incorrect.It is [as has always been my opinion] a good thing for the Council to finally get their act together over the Waterman’s Park moorings – it has been costing them thousands of pounds per annum to keep up the PLA Riverworks Licence, while all the time being set against rationalising the situation so that they could get a return on it.As the article has quite properly noted, many of the boaters there would be only too delighted to legitimise their status, paying mooring fees and Council tax, thereby providing them with some degree of security of tenure. It is only the pusillanimity of the Council over the decades [embracing leadership of both major parties] that has prevented them from doing their duty in making provision for those people.I would remark also, that many of those boaters have both engaged in official Thames Clean-ups, and organised their own, in gradually removing the worst of the rotting hulks and associated wreckage which has proved such a hazard to health and to navigation – all due to the decades of neglect by the Council.Under such circumstances, the repeated references to unlicensed boats and the social need to be rid of them leaves a very sour taste.It is to be wondered just what incomplete rubbish legal advice they have been receiving – or perhaps, they have simply interpreted that advice without any clear understanding of the issues or even of the vocabulary.What exactly do they mean, for example, by saying “none are licensed”? Ifthey mean the boats are there without permission of the Council, then that would be accurate. However, it reads as though they believe the boats themselves should be licensed by some navigation authority – and if so, they are talking absolute ignorant nonsense.Are the boats there illegally? Yes, if by that it is meant without the riparian landowners consent – but an authority which has deliberately refrained from shouldering their responsibility to remove the wrecks in order to prevent [fruitlessly as it turns out] other boats settling there, is in a poor position to get moral about it, and even from the viewpoint of fiscal responsibility – what was the big problem in welcoming each new arrival and signing them up to a mooring agreement? Anyone refusing could have been subject to simple County Court action for the debt instead of the tortured and hopeless pass-the-parcel litigation between the Council and an equally misguided PLA.The situation has only grown unwieldy from the Council’s viewpoint, by reason of their reluctance to get a grip on the situation properly for all these years.The sad thing is that their approach now, is very far from being either legally or morally correct, and is, moreover – because of this approach – going to be beset with more difficulty than they anticipate, while displaying appalling PR in terms of an authority showing care for their community.“Mooring fees being shared between the Port of London Authority, [PLA], the Council and the agent . . .”? Since when has the PLA been statutorily entitled to a share of mooring fees properly the province only of the landowner/Riverworks Licence holder?I suppose one should be pleased that “a council spokesman” said it was not ruling out the possibility of existing boat dwellers getting first refusal – but I am not; this should not be considered a possible opportunity, it should be at the forefront of any proposal.Once again – what is this “duty to ensure all vessels are licensed” that the Council leader is talking about? If boats get mooring permits, they will be there legally – there is no statutory requirement, nor even any infrastructure, for the licensing of private craft on the tidal Thames.“The Council says it has a duty to remove the boats under the terms of its licence with the PLA”? What balderdash. Have they drafted some new agreement then? The PLA is empowered to grant Riverworks licences, and the Council inherited that of the old Gas Works. There is no power vested in the PLA to impose restrictions on what boats may or may not use the riverworks – that is entirely a matter for the licence holder.As for the various comments respecting the riverbed ownership – that is all so much irrelevance. Ownership of the riverbed has nothing to do with the PLA powers to grant riverworks licences, and having such a licence – as  the Council does - carries with it the right to use those works. No further authority is required, and the riverbed ownership is a mere red-herring.Sara is perfectly correct regarding the sewerage. The greatest pollution of the Thames comes from the overcrowded land developments stretching the available facilities beyond their capabilities. Nor is it yet illegal to discharge from the vessels into the tideway - which is not to say that provision of sewerage facilities together with power and water would not be most desirable.

Nigel Moore ● 3988d

The boats moored on the Waterman's park site have been a bone of contention for many year's. I believe the site was under the control of crown property, which has always been the problem as crown property do not seem to invest time or money in removing the boats. It is my belief that management of this stretch has now been passed onto the PLA who have always wanted the boats removed, 15 years ago there were court orders for the removal of the boats that were there at the time, to beat this order the boats simply moved themselves about so the court orders were not applicable to named boats as they were in a different location, in some cases by only by a few metres but enough for the judgement to be void, at I may say great expense to us taxpayers but to no avail.Live and let live! what a wonderful motto, but those living on the boats do not exactly fall into that category because they live and local people suffer, why you may ask?well apart from some making lots of tax free money renting small and dirty cabins out for hundreds of pounds with nil overheads and have no regard for where the waste goes, waste including dish water/bath and shower water and of course raw sewage. Of course it all end up in the river.Its coming into colder times now, I live across the road, this morning when I left for work all I could smell was burning wood, the smell is only just starting as the weather deteriorates their fires will burn merrily keeping them nice and warm while us residents who are not allowed to burn fossil fuels/diesel and all sorts of other obnoxious materials have to tolerate the awful stench thrown out by these wood stove burners they have on these boats, if the wind is not favourable then the stench enters our homes and we just have to put up with it.Noisy generators, another issue. Where does all there household rubbish go? I don't think they pay anything toward local services but they must be using all sorts of our services and we pay for it.some of the boat people have dogs who freely run amok in the park, no leads no supervision and no clearing up of dog waste, seems a wonderful way to live carefree and cost free.

john barnett ● 3989d

Look closely and you will notice that there are rotting wrecks which the PLA have refused to move for over 40 years. Nor has the river been dredged in over 40 years.They've had plenty of opportunities to tidy the moorings up and make the river more attractive and viable for use.Luxury moorings will be like all others exclusive and inacessible to the local public.  How is that a good thing?A public marina and  houseboat home facilities for ordinary people on ordinary incomes. Should that not be a Labour initiative?Decent houseboats and well organised jetties and facilities could be a very good solution to affordable housing and the present housing crisis but yet again, Tyhe King of half cocked deliverence 'Brains' Curran sees the £££££ from developers and their associates and all of a sudden Housboats are 'illegal'.No doubt his 4WD will be sporting a towbar for a boat trailer soon!!40 years ago there were hundreds of Houseboats along this section of the river From Teddington to Wandsworth.Much of it was a bit squalid. Many have forgotten just what a dirty place the Thames was just 35 years ago.  Even homes by the river were not considered healthy or desirable places to live.So after millions of ££££s of public money and initiatives to clean the river and open it up to the public, we are seeing the start of it being blanked off from view by developments and all we will have are a few access points and alleyways which will invariably be closed off for exclusive residents access

Raymond Havelock ● 3990d