On the legality of the boats, is it worth repeating Nigel Moore's comments from the "Community Boat" thread in 2008 ? :http://appasp.brentfordtw8.com/server/app/forum/ShowMessage.asp?ID=367216"....The specific legal position at Watermans' Park is –Interesting!Shelagh's comments are not strictly accurate, but are valid practical observations. Owership of the riparian land vests in the Council, they having purchased the site from the Gas Board. Creating the Park was a bold and welcome move to open the river vista to all. That in itself was a significant waterways consideration, though, typically for the time, restricted in taking no account of USING the river, as apart from just enjoying the backdrop. Consequently the wharves and Pilings etc were allowed to simply decay with neglect.Ownership of the riverbed and foreshore is debatable! From 1195, control of the tidal Thames was vested in the City of London by Royal charter. Following centuries of re-iterated charters, statutes and legislation etc, Queen Victoria suddenly decided that she wanted it. Decades of litigation ensued, finally resolved by the City of London agreeing that the Crown owned it all, in return for the Crown promptly giving it back – but to a group of 'Conservators'. Excepted from the hand-over was all land opposite or adjacent to Royal palaces.The Thames Conservators went through a series of divisions and successors, so that today we have the PLA below Teddington for navigational matters, the EA for all non-navigational matters over the same section, and the EA for all matters above Teddington. The PLA, by virtue of the powers granted in the Parliamentary Acts concerning them, may approve riverworks such as I've described, and levy appropriate charges for licences for the same.Still with me?All the pilings, dolphins etc that were built in the riverbed for use by vessels servicing the Gasworks, were granted a licence by the PLA, pursuant to the powers vested in them. The benefit of this 'Riverworks Licence' was transferred to the Council upon their assumption of ownership of the Gasworks property. The Council have been paying the annual fees for that licence ever since. All vessels making use of the riverworks are consequently liable to the Council for payment of any mooring fees that the Council might wish to impose.So part of an answer to your initial question is - yes, 'mooring fees' are being picked up for the moorings here – whether or not the licenced works are even used by boats! Those fees are paid to the PLA, and the last figure I'm aware of was £7,000 per annum and rising.Whether or not the Council charge the boats that do use the works, is down to the Council. So far, they have been charging nothing, because they don't wish to 'legitimise' the 'squatters' by entering into contractural relationships wth them. I'll have to leave it to you to figure that one out.The issue has been tossed to and fro between the Council and the PLA for decades, neither really want the responsibility; both say that clearing wrecks and undesirables will only allow more squatters, and etc etc. Meanwhile would-be private operators are given the run-around when desperately trying to propose a take-over of the moorings on a business basis.Quite apart from all that, a question arises as to the legitimacy of the riverworks licence anyway. If the PLA have no ownership or jurisdiction there, (because, as has been argued, it was excluded from the Royal grant being opposite Kew Palace), then ownership remains with the Crown, and the PLA's grant of the licence was ultra vires. The entire jumble of decaying obstructions to public navigation would consequently constitute an ongoing criminal offence! But that's a whole 'nother story.With reference to your last, so far as I am aware, a boat cannot 'squat' a mooring. As a movable chattel it cannot in law so occupy land as to displace others. There is no value therefore to the present incumbants of the Waterman's Park mooring spaces. They might of course have a toe-hold regarding a possible preferential position in any future negotiations.As a final note, the majority of large vessels presently moored at Waterman's Park have, to my knowledge, approached the Council with an expressed willingness to enter into a formal fee-paying agreement. I have given up asking why these overtures are rejected. The only quasi-legitimate agreement seems to have been finagled between 'Gujo' and unknown people in the planning department. That situation is out of sight of the Park, opposite the Lot's Ait boatyard, and they have yet to get residential consent. Meanwhile, the extra cost to the Council for such an 'extension' to their licence also awaits a PLA decision.So Sarah – the only people paying for these moorings are the rate-payers of Hounslow! And that, for moorings that anyway you look at it, are in fact chargable by the Council, should they ever get their act together. Despite what Shelagh perhaps implies, that option is still open, and should be pursued in the interests of both the boating and the wider community."I wonder if the situation has changed since then, and if the Council legal advisors are ready to tackle the can of worms.
Tim Henderson ● 3690d