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BWML Marinas - 'Unlawfully Living Aboard'


Alan de Enfield

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Being a mooring holder at Kings Marina (BWML) Newark we receive regular up-dates as to what BWML are doing, todays letter has some interesting comments :

 

"Over the last 24 months you will be aware that some local Authorities have been taking legal action against either Marina owners and/or mooring customers direct for unlawfully living on craft on moorings which do not have residential planning approval. This action has also created a reaction by some marina owners to terminate contracts with customers who are living on a non-planning approved residential mooring, and, only recently 68 customers received termination notices for this reason within a marina on the Great Ouse. All of this action is creating substantial uncertainty within the mooring industry and particularly within the customer base.

 

From a BWML perspective we have been aware that some of our Grade 1 customers have been taking a non-residential contract but then living on their vessel for the full 12 months, this is in breach of contract terms. To try and protect those customers who require a residential contract BWML have undertaken to be very active in persuading Local Authorities to allow residential status to be granted, and to date, we have been very successful in achieving this strategic goal which is enabling BWML to offer customers a mooring product they are obvioulsy requiring within the market.

 

The pricing differential between Grade 2 and Grade 1 has always been an issue when customers utilise their berth for residential purposes. Going forward the new full planning approved residential status moorings will address this issue and develop a much fairer pricing index across all of our customer usage.

 

I know some of our customers who were unofficially breaching our contract terms are unhappy with the residential status direction now being applied by BWML, however neither they or BWML would have appreciated legal action being forced by the Local Authorities. BWML is therefore leading the mooring industry with residential applications and I am pleased we are achieving the customer protection, even though I am aware some ofour customers would be happy to continue without changes being applied".

 

It looks as if the days of 'keeping your head down' are on the way out.If you want a residential mooring you pay for it !!

 

If the BWML statement is correct then the 68 moorers 'kicked out' were in fact living full time on non-residential moorings despite comments made on the 'thread' at the time.

 

Edit - yes it was Popes Corner and here is a link to the old thread

 

http://www.canalworld.net/forums/index.php?showtopic=50970&st=0&p=951060&hl=+popes%20+corner&fromsearch=1entry951060

Edited by Alan de Enfield
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The answer will depend on the local authority as much as CRT. Some authorities will be more amenable than others, some will threaten action after a matter of weeks, while others will be considerably more tolerant, still others will be quite happy so long as they get some money in the form of council tax...

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Whilst this may be part of the truth from BWML, they have also been sending out letters that are pushing people to admit their use of Grade 2 (leisure) moorings are more in line with Grade 1 moorings. They have realigned the pricing of Grade 1 moorings (depending on marina) from berth to per metre - equivalent to an increase in the rate at Apsley of approx £350-400 pa for a 57ft boat and that is at a far higher rate than the grade 2 moorings.

 

They appear, as do their parent trust, to be trying to increase their revenue generation.

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What I struggle to understand is how can it be proved that someone lives aboard or simply spends a lot of time on their boat? Non-residential holiday parks, for example, usually have a mandatory "closed" period in their planning consent whereas obviously with marinas and LTMs this does not exist.

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The BWML quote mentions boaters staying for the whole 12 months and therefore breaching the non residential clauses, does anyone know how long you can stay without becoming officially residential?

 

I was always lead to believe that you could stay 11 months out of 12. This policy is applied not just to boats but caravan parks and holiday lodges as well. I'm sure if I am wrong someone will correct me but I do know that at a holiday chalet park in Humberstone to local authority prosecuted a few people for not vacating their holiday chalets for at least one month per year. The result was that the park is now closed for the whole of December every year.

not sure that would work with a marina though.

 

 

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I was always lead to believe that you could stay 11 months out of 12.

 

Why? - it all hangs on what you have signed, 11 out of 12 is quite common with caravan parks but less so with a mooring agreement with CRT or BWML.

 

People just need to bone up on the agreement they have signed....

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68 is old news relates to either Hartford or popes corner knowing the spin probarbly the latter

 

Popes corner in fact had residential planning permission.. The owners however, it seems didn't want residential boats, and their "mess", but want nice shiny leisure boats with fewer people messing the place up!

 

Reads like propaganda to scare people into paying more ££££

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The pricing differential between Grade 2 and Grade 1 has always been an issue when customers utilise their berth for residential purposes. Going forward the new full planning approved residential status moorings will address this issue and develop a much fairer pricing index across all of our customer usage.

 

 

 

Could someone please explain what this sentence means?

 

 

Keith

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I was always lead to believe that you could stay 11 months out of 12. This policy is applied not just to boats but caravan parks and holiday lodges as well. I'm sure if I am wrong someone will correct me but I do know that at a holiday chalet park in Humberstone to local authority prosecuted a few people for not vacating their holiday chalets for at least one month per year. The result was that the park is now closed for the whole of December every year.

not sure that would work with a marina though.

 

I doubt anyone was prosecuted. What on earth was the charge? Were they convicted?

 

Do you mean PP enforcement action was taken by the local authority perhaps? They must have had some pretty good evidence. A whole year of surveillance must be needed to prove a chalet is being used as a PPR!

 

 

MtB

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Could someone please explain what this sentence means?

The pricing differential between Grade 2 and Grade 1 has always been an issue when customers utilise their berth for residential purposes. Going forward the new full planning approved residential status moorings will address this issue and develop a much fairer pricing index across all of our customer usage.

Keith

You pay more if you live on your boat?

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You pay more if you live on your boat?

 

Neither of those replies were at all helpful so I'll break it down to, hopefully, get a sensible answer.

 

What is a Grade 1 mooring, what is a Grade 2 mooring and does anyone have any knowledge of what they intend to do to make the differential fairer?

 

Keith

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Popes corner in fact had residential planning permission.. The owners however, it seems didn't want residential boats, and their "mess", but want nice shiny leisure boats with fewer people messing the place up!

 

Interesting corollary to this, the planning permission for the changes to the marina have a condition that no-one will be allowed to live there from now on. The awkward (for the marina owners) conditions recommended by the planning officer were not included.

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I was always lead to believe that you could stay 11 months out of 12. This policy is applied not just to boats but caravan parks and holiday lodges as well. I'm sure if I am wrong someone will correct me but I do know that at a holiday chalet park in Humberstone to local authority prosecuted a few people for not vacating their holiday chalets for at least one month per year. The result was that the park is now closed for the whole of December every year.

not sure that would work with a marina though.

 

 

 

I think you will find it depends on the planning permission that has been granted. The site where our holiday chalet is has planning permission for "no more than 13 weeks continuous occupation by the same people". So go and stay with relatives every so often or let it out for other peoples holidays (i,.e. a week here and a fortnight there) and you are OK.

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Neither of those replies were at all helpful so I'll break it down to, hopefully, get a sensible answer.

 

What is a Grade 1 mooring, what is a Grade 2 mooring and does anyone have any knowledge of what they intend to do to make the differential fairer?

 

Keith

 

Hi Keith

 

I believe that Grade 1 Mooring is liveaboard (fully residential) - and will normally include a premium (as an element of the local Council Tax)

A Grade two may have exactly gthe same facilities, but be a leisure mooring (i.e. not residential), and therefore work out cheaper - (though, of course, one shouldn't live there all the time )

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Is residential not defined by postal address?

If you have a postal address anywhere else but the marina you cant live there so must be grade 2...

 

Postal address doesn't actually mean a lot. Ours is in Kent - we visit every now and then and have our post forwarded to us Post Restante the rest of the time. Ok we're ccers so a different scenario but if we were living permanently on a non-res mooring we could do the same.

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