Revised Terms & Conditions for a Mooring on Canal & River Trust water which is accessed from Private Property

[GeoffS]

I have noted that an additional term has been added to the L2/L3 Mooring agreement:

 

P12. You must not build any structures, either permanent or non-permanent, at the Mooring Site and over the Trust’s water space.

 

While I can understand not being able to build anything over the water space, how can CRT dictate what is built on the Private Property?

[Guest]

12 minutes ago, GeoffS said:

I have noted that an additional term has been added to the L2/L3 Mooring agreement:

 

P12. You must not build any structures, either permanent or non-permanent, at the Mooring Site and over the Trust’s water space.

 

While I can understand not being able to build anything over the water space, how can CRT dictate what is built on the Private Property?

 

I dont think they can, but I read it as preventing the building over the water, ie a jetty or similar.

[dmr]

There is an "and" not an "or" in that statement, so its saying, quite reasonably, that you must not build on/over the canal.

Asan example, it should be ok (with CRT permission) to build a landing stage for a boat that intrudes a foot or two over the shallow water, but would not be ok to then build a small house on this landing stage.

 

..............Dave

[Jerra]

30 minutes ago, The Happy Nomad said:

 

I dont think they can, but I read it as preventing the building over the water, ie a jetty or similar.

I suspect it is to prevent the places where you see "land grabs" taking place.   Four or five feet of "landing stage" built out over the canal.

[GeoffS]

Yes good point I initially read it as both at the mooring site and/or over the water space.  Sorry panic over! I could just see them trying to take down all the sheds around the system!!

 

[David Mack]

That condition refers to the Trust's water space. So if there has been bank side erosion, then the water space closest to the bank may well be the land owner's water space, and the prohibition on building will not apply. That said, there is plenty of scope for disagreement if a landowner or moorer applies this approach.

[dmr]

For a business mooring it is necessary to agree with CRT what sort of additional structure is going to go into/over the water, this is a lengthy process with a hefty fee to be paid. For an end of garden mooring I think (not sure) one just gets permission to moor the boat and this rule then prevents building over the water??.

 

I think most of us can think of many examples of moorings where the staging (landing stage) intrudes some way into the canal and includes a shed/summer house/large BBQ that is partly built over the water.

 

................Dave

 

[Jerra]

26 minutes ago, dmr said:

I think most of us can think of many examples of moorings where the staging (landing stage) intrudes some way into the canal and includes a shed/summer house/large BBQ that is partly built over the water.

 

................Dave

 

I have assumed that this is what they are trying to control.

[dmr]

3 minutes ago, Jerra said:

I have assumed that this is what they are trying to control.

 

I assumed the same, I am a little concerned that when you give an organisation big powers they do sometimes abuse them, but anything that stops unauthorised canal encroachment is good. What can be done about the many houseowners who don't have a boat/mooring but still extend into the canal? ?

 

I've spent the last two years negotiating with CRT about building a mooring (and paying them a lot of money to talk to me about this, plus preparing drawings, getting ecology surveys etc) so it does seem very reasonable that they want to prevent anybody just doing it without permission.

 

.................Dave