"River Transport 1189-1600" - a right of navigation on the River Itchen Navigation

The start of 2011 saw the publication of a new doctoral thesis by historian and rivers access researcher the Rev'd Douglas Caffyn titled "River Transport 1189-1600", which clearly demonstrates that a historical right of river navigation exists on the River Itchen, and that this was the case even prior to the canalisation and new cuts made in creation of the Itchen Navigation.

Rev'd Caffyn's 2004 Master of Laws thesis was titled "The Right of Navigation on Non-tidal Rivers and the Common Law", and in examination of this subject he concluded that, despite misinterpretation of law since 1830, "In common law there is a public right of navigation on all non-tidal rivers which are naturally physically navigable by small boats and on those rivers which have been made physically navigable at public expense."[1]

To date, this position has not been successfully contested, and was reiterated in 2007 in the specific context of navigation rights on the Hampshire Avon., as reported by the BBC (online article and video of news report from South Today).

The new thesis provides details of historical evidence and indications that provide strong argument that the River Itchen was an acknowledged navigable river even prior to the several Navigation Acts. The thesis notes the probable transportation by barge of the stone used to build Winchester cathedral, Saxon use of (at least up to Bishopstoke) and improvements to the river, and subsequent historical accounts of the navigability of this "most famous and profitable river". [2]

In mind of his overarching thesis "that all the river which was usable would have been public whether used or not" [3], it is noted that Category A evidence of use has been found for the Itchen for a distance (from the tidal limit at Woodmill) of 16 miles i.e. as far as Winchester. Category B evidence of use extends the navigable use of the Itchen upstream by a further 10 miles upstream to New Arlesford (although, in the interests of accuracy, reasonable doubts about this historical reporting for the upper Itchen limit are duly noted).[4]

Rev'd Caffyn's works are now collected at the new Caffyn on Rivers website, where, in addition to his academic theses, you can also find a document on Public Rights of Navigation (PRoN) and the easily digested "Boats On Our Rivers - Again". All highly recommended reading for anyone who has ever been met with such phrases as 'you can't paddle here' or 'you'll be hauled out of the river'!

"Boats on our rivers again" provides an easily digestible summary of the arguments for a legal right of navigation on English Rivers, and a challenge to those who would dispute the fact.

 

[1] Caffyn, D. J. M., "The Right of Navigation on Non-tidal Rivers and the Common Law", 2004, p. 151. Note that this work is only applicable to waterways in England and Wales.

[2] Caffyn, D. J. M., "River Transport 1189 - 1600", 2010, p. 393-7

[3] From Douglas Caffyn by e-mail, 11 February 2011.

[4] Caffyn, D. J. M., "River Transport 1189 - 1600", 2010, p. 393-7.

Debunking some myths about canoeing and kayaking in Hampshire

In reading through the Test and Itchen Countyside Access Plan for 2008-2013 and the minutes of recent Hampshire Countryside Access Forum (HCAF) meetings for the previous post, a couple of recorded statements stood out as worthy of repetition. 

The first was was the 'fact' that "While there is access for canoes and other small craft along the coast and river estuaries in the south of the county, there are currently only about 3 miles of inland waterways that are publicly accessible in the whole of Hampshire. Virtually none of this is in the Test and Itchen area, although the Rivers Test and Itchen are among the few inland watercourses in the county that are navigable."[1]

The second quotation was from a member of the Test and Itchen Association who, when attempting to justify this organisation's refusal to even discuss navigation by canoeists and kayakers with the HCAF, stated that "Hampshire has much more boating access than many other counties."[2] 

It is, of course, true that Hampshire offers some fantastic opportunities for coastal and tidal paddling.  However, given that the subject under discussion was inland river navigation, and, working on the premise that this person was not so ignorant of the matter he was addressing that he would be unaware of the fundamental differences between the types of canoeing and kayaking carried out on a river and at sea (or that he had at least read and understood the gist of the first statement), this could at first be taken to be a little disingenuous.  It might alternatively be considered that the choice of words reflects more truth than was probably intended.

Just to put the record straight, the following provides some brief comparison notes on the availability of paddling in Hampshire's neighbouring counties.  As far as is possible, I have tried to use examples of rivers that have some features in common with the River Itchen Navigation.

Dorset.

The 20th largest English ceremonial county (by comparison to Hampshire as the 9th largest [3]), blessed with a coastline sufficient to make it the sailing center for the 2012 Olympics, but still able to find some waters for inland paddling, including, for example, the...

River Stour - a 15 mile canoe and kayak race is held annually between Sturminster Newton Mill and Bryanston School, usually in December for added 'cool' factor.  Outside of this event, details of paddling on the Stour can be found here, here and here.

A canoeist departs from the weir at Fiddleford on the River Stour during the 2008 Stour Descent.

A kayaker drops down the weir at Fiddleford during the 2008 River Stour Descent.

Gentle inland paddling in Dorset is also available on the River Frome and the River Piddle (Cecily Bridge to Cuckoo Pound and Cuckoo Pound to Wareham).

Wiltshire.

This is a landlocked county but, as the 14th largest in the country, it is also the most comparable in size of Hampshire's neighbours.  Wiltshire hosts the sources of the River Kennet and all of it's upper reach, as well as upper waters of the Hampshire (or Salisbury) Avon down to the county boundary near Downton (more on this river later), and its tributaries the Bourne, Ebble, Nadder and Wylye.

Wiltshire is perhaps most noted in paddling terms as being the starting point of the Devizes to Westminster International Canoe Race along the Kennet and Avon Canal, initially undertaken along a waterway expressly designed for economic navigation and which is now recognised as a purely recreational resource for canoeists, kayakers, boaters and fishermen alike.

The Devizes to Westminster starting line on the Kennet and Avon canal in Wiltshire - 125 miles of paddling to the finish line.

In a small corner in the north of the county The Thames looks remarkably similar to sections of the Itchen Navigation just downstream from Shawford.

Approaching a footbridge on the River Thames near Cricklade , which looks to me remarkably like the approach to Malm Bridge on the River Itchen Navigation.
[Image © Copyright Brian Robert Marshall and licensed for reuse under this Creative Commons Licence].

Berkshire.

Sitting on Hampshire's northern border, Berkshire is the 40th largest English county and is therefore much less than half the size of its southern neighbour, but it still manages to make space for gentle grade 1 Itchen-like waterways including...

The Kennet Navigation.  Created by a Parliamentary statute in the 18th century that has not been revoked to date (though the river was already used as a navigation prior to canalisation).  Watered in part by a chalkstream river (and part of an SSSI along it's route from Newbury down to Woolhampton).  A public footpath alongside.  Sounding familiar T&IA fisheries people?  Well here's where the difference appears: there at least 19 miles (plus additional riverine detours) available to paddlers and fishermen between Newbury and Reading.

Kayakers enjoy their right to paddle on the Kennet Navigation.

Hopefully, there is no need to mention that The Thames runs through or forms the northern boundary of Berkshire for around 25 miles from near Moulsford to Medmenham, and that it is a public navigation, although it might be worth noting such as the slalom competition held on it's tributary the Loddon.

Surrey.

The 35th largest English ceremonial county, under half the size of Hampshire. 

Paddlers are welcomed on the 20-mile Wey Navigations - canalised river navigations which are "managed and protected for its long-term preservation as a recreational asset"[3] by the National Trust.  Connected at one end to the River Arun (see below), and at the other end... don't mention The Thames again!

The River Mole also offers the opportunity for paddling, and whilst a short section is even listed on the Ordnance Survey's Explore website pages, the best guide I've seen is contained within Peter Knowles' "Pub Paddle's - The Best Short Canoe Trips in the South of England".

Kayakers on the River Mole in 2006.

[Copyright on this image is owned by Martyn Davies and is licensed for reuse under the Creative Commons Attribution-ShareAlike 2.0 license].

West Sussex.

The 30th largest English county, just over half the size of Hampshire, and offering...

The western River Rother; approximately 12 miles of paddling from Midhurst to the confluence with the Arun west of Pulborough.  Roughly the distance the Itchen Navigation runs from Winchester to Southampton, but slightly more demanding.

Canoeing on the River Rother in West Sussex.  This disused lock looks remarkably similar to the one at Allbrook on the River Itchen Navigation.
[Copyright on this image is owned by Steven Wibberley and is licensed for reuse under the Creative Commons Attribution-ShareAlike 2.0 license].

River Arun.  Ten miles of tidal touring followed by the additional opportunities for paddling further upstream.

Stopham Bridge on the River Arun, near to the confluence with the River Rother.

So back to Hampshire, and a river the man from the T&IA didn't want to mention; the Hampshire Avon.  For many decades it has been a river jealously guarded against encroachment by paddlers, and anyone else who wasn't a fee-paying rod, by a collection of land owners and fisheries, but in the last few years there has been both a cogently argued and de facto rebuttal of claimed limitations of navigation.  For details of canoeing and kayaking on the Hampshire Avon everything you need to know is on this excellent blog.

If you add in such as the 7 miles of paddling on the Lymington River between Brockenhurst and Lymington in the New Forest, the 'officially painted picture of "3 miles of inland waterways that are publicly accessible" in Hampshire might not be as bad as it initially sounds when you start looking at the reality of what's happening on the water. 

The failure to officially recognise this situation might at first glance appear to lend support to those who claim navigation on rivers can be 'barred' on the grounds of riparian land ownership (which pertains more to the separate although related issue of access to rivers). 

However, new legislation is probably not the best way forward for paddlers. The weight behind claims that extant law is already on the side of canoeists and kayakers is testified by the failure to bring any prosecutions on the grounds of 'illegal navigation', and the best way to re-assert these rights may therefore be to simply get out and paddle more waterways.

[1] http://www.hants.gov.uk/rh/countryside/access/test-itchen.pdf p.22
[2] http://www.hants.gov.uk/rh/hcaf/jul-2010.pdf p.9  
[3] http://www.nationaltrust.org.uk/main/w-vh/w-visits/w-findaplace/w-riverwey_godalmingnavigations_dapdunewharf/w-riverwey-history.htm

Thanks to UKRGB and the contributors to the River Guides - a valuable resource for paddlers in England, Wales, and Scotland.