Itchen access issue highligted by the BBC

With a hiatus of over a year since the last post here (although, perhaps paradoxically, this blog saw its highest ever level of interest last month), the anti-paddling brigade might have imagined that this was one source of contention that had been silenced.

The Itchen Navigation between Brambridge and Bishopstoke.  No room to share?

However, the River Itchen Navigation was back in the news this morning, with Keith Day of River Access For All (RAFA) quoted in a BBC News article where he says

"Access agreements just don't work.

First you have to trace all riparian owners. Then if just one objects there can be no agreement.

We can't even get a voluntary access agreement on the Itchen Navigation in Hampshire where there is a statutory public right of navigation. The angling interests just refuse to discuss it.

We need a new approach.

First we need recognition that there is already a public right of navigation on all rivers.

Only then can we have balanced discussions on how all river users can share our rivers with due regard to the protection of the environment."

Elsewhere in the region, even sections of tidal waterway, for which there is no dispute about the legal right of navigation, have seen attempts to restrict canoeing and kayaking.  On the section of the Hampshire Avon where the tide flows up and under the A35 road bridge, the Royalty Fishery (leased by Southern Fisheries) has long seen misplaced and misleading signs erected - see the River Avon blog for images and the full story.

The Hampshire Avon is tidal up to the point marked NTL (Normal Tidal Limit) yet signs are placed downstream (in the location marked by an orange circle) in an attempt to dissuade paddlers from exercising their legal rights.  The Avon is also able to be navigated downstream from Salisbury under the extant 1664 Navigation Act.  [Crown Copyright. Image produced from Ordnance Survey's Get-a-map service. Image reproduced with permission of Ordnance Survey and Ordnance Survey of Northern Ireland.].

Details of high water times at Christchurch Quay can be viewed using the free Easytide service - click here for the latest predictions.

Lying between the Hampshire Avon and the Itchen is the River Test.  It has recently been reported that an individual claiming to be a local landowner has attempted to prevent the exercise of public navigation rights on tidal waters - click here for the full account, which appear to range from fairly cordial disagreement to contemptuous use of foul language being directed at an individual kayaker. 

Should you be thinking of paddling on the tidal waters of the River Test the following images might be of use.

Point #1 at the footbridge at SU 367 149 does not mark the normal eastern arm tidal limit and an indisputable (if not uncontested) right to paddle. [Crown Copyright. Image produced from Ordnance Survey's Get-a-map service. Image reproduced with permission of Ordnance Survey and Ordnance Survey of Northern Ireland.]

Downstream of the bridge at SU 367 147 and...

 

...upstream of the bridge are both tidally navigable (given the right timing for sufficient

depth).

 

 

Point #2 at SU 361 144 effectively marks the bar to any further upstream progress on tidal waters on the wetern arm of the lower River Test.  However, the bridge at point #3  (SU 362 142) does not. [Crown Copyright. Image produced from Ordnance Survey's Get-a-map service. Image reproduced with permission of Ordnance Survey and Ordnance Survey of Northern Ireland.]

 

The drop below the bridge at SU 361 144...

 

...would normally prevent passage upstream, but even if you could do so, the issue of portaging around further upstream obstructions marks the River Test as one of the most contentious of potential inland paddles in the country.

 

However, paddling below...

 

...and above the bridge at SU 362 142 may not be legitimately challenged on anything other than sufficient depth of water to float a boat.

 

Details of high water times at Redbridge can be viewed using the free Easytide service - click here for the latest predictions.

Will the BCU now support paddling on the River Itchen?

UPDATED POST:

See new comment at the end of this post.

The British Canoe Union (BCU) have released a new position statement on
"Access Arrangements for the shared use of non-tidal waters by manually powered craft", from which it appears that they might be about to finally stand up for the responsible use of English and Welsh rivers by recreational paddlers, which should include those who wish to canoe and kayak on the River Itchen and the Itchen Navigation.

Canoe England: Position Statement

Access Arrangements for the shared use of non-tidal waters by manually powered craft

1 Access to Water

Canoe England fundamentally believes in the principle for access to and along unregulated (1) non-tidal waters and does not subscribe to the present assumption by some for these waters to be deemed private. Recently published research contests this assumption (2).

Canoe England also takes a pragmatic view and believes that where Access Arrangements (3) are a means for shared use, they shall be on a joint local management basis that helps to protect the environment and respect the rights of other user interests.

The legal situation in England and environmental use of the waterways is detailed in the Canoe England Waterways and Environment Charter (4) and document “You, your canoe and the environment” (5).

From this position Canoe England will endeavour to:

1.1 Work constructively with partners, agencies, the local community, interest groups and the “Big Society” concept to support and develop the shared use of physically usable waters when environmental conditions (especially water levels) are suitable.

1.2 Develop acceptable management measures with partners to protect the environment and enable the wider use of waterways at all times as per the benchmark set by the Government access feasibility studies (2004): River Waveney - agreed minimum water levels, and no permit requirements; R Mersey – based on Dedication (6) for using waters.

1.3 Dispense with formal signed documentation, and for Access Arrangements’s (AA’s) to be based on statements/memorandums of understanding and/or Dedication.

1.4 Make these arrangements publicly available to all canoeists for self regulation.

1.5 Encourage canoeists to follow the guidelines of such arrangements.

1.6 Promote best environmental practice and responsible use and consideration for others on all waters.

Canoe England cannot regulate or police AA’s or grant access to any waters with or without an AA, and will advise canoeists to only canoe when conditions are suitable (5). The decision whether or not to canoe is the responsibility of the individual canoeist(s).

Canoe England acknowledges the different opinions on the legal position where public rights are not recognised. An AA shall be without prejudice to the views of the legal position of either Canoe England or the riparian owners and other interests. An AA shall neither confirm nor reject any party’s views or interpretation of the legal situation.

2 Public Rights

An AA shall not invalidate public rights to non-tidal waters physically usable by manually powered craft, to include canoes, should it be subsequently established:

2.1 Such rights have not been extinguished.

2.2 The historic use of usable waters is recognised to provide that right.

References

(1) Use of non-tidal waters

The position of public rights and the use of non-tidal waters in England are not straightforward:

Where there is an active Navigation Authority or where historic rights are recognised, rights are defined.

Where there is not an active Navigation Authority, waters are classified as unregulated and include abandoned navigations and other waterways on which there is a public right of navigation.

There is an assumption by some that many unregulated waters are private and use is resisted or shall be by way of a structured AA.

There is an overall lack of clarity for the shared use of non-tidal waters.

(2) River Transport 1189-1600, February 2011; The Rev’d Dr Douglas Caffyn, www.caffynonrivers.co.uk

(3) In the absence of a recognised public right to a waterway, the previous and present Government’s policy in England are for Voluntary Access Agreements (VAA’s). These can have conditions of use independently set by third parties, rather than being mutually agreed. Canoe England uses the terminology Access Arrangements (AA’s) rather than agreement.

Historically VAA’s are without rights, insecure, being subject to termination at short notice. When arranged, the periods of use imposed can be limited to a few days or weeks per annum and make some provision for those requiring a greater certainty of access at particular times. VAA’s are few in number due to the difficulties as highlighted by the Government sponsored demonstration access feasibility projects (2004). The project schemes on the Rivers Teme and Wear were unsuccessful.

The policy for VAA’s has been shown to have failed to meet an unmet demand when Canoe England has a remit to promote canoeing on all suitable waters in England. They may work well for some individuals or small organisations, however they cannot be used for securing public access.

(4) Canoe England Waterways & Environment Charter –
http://www.canoe-england.org.uk/waterways-and-environment/policies/

The Charter takes into account the recently published research (2) that has established a strength of evidence for a historic public right of navigation to exist on all non-tidal waters that are physically usable. Canoe England believes the lack of certainty for public rights and the law has created tensions between user groups that can be resolved by a presumption in favour of a right of access; supported by appropriate local management measures.

(5) You, your canoe and the environment -
www.canoe-england.org.uk/waterways-and-environment/environment

(6) Dedication – leads to a public right of access. The Countryside & Rights of Way Act 2000 has provisions for Dedication by landowners and relaxing specific restrictions in the Act.


UPDATE: If it all sounded too good to be true, and that the BCU/CE was actually going to start supporting recreational paddlers, their abysmal refusal to directly and publically respond to the access issues raised by concerned paddlers on the Canoe England Facebook page has given notice that the Access Position Statement is on par with John Nance Garner's opinion of the office of US Vice President.

With particular reference to clause 1.4 of the above month-old CE Access Position Statement, and noting the level of Mushroom Management technique technique eminating from the Bingham Black Hole that is sadly indicated by this response to a paddler with a legitimate concern of widespread interest to recreational paddlers, the prognosis for it's survival with any degree of credibility is poor.

The thrill of a lifetime: paddling on Atlantic Salmon rivers

The Miramichi River in New Brunswick, Canada, is a noted destination for Atlantic Salmon fishermen, but that's where the resemblance with Hampshire's chalkstream rivers ends.   In Canada anglers and paddlers readily co-exist and share their natural resources.

I particularly 'enjoyed' reading the following account of a guided paddling adventure on the Miramichi:

"My fondest memories of that trip include the day Asa organised it so that we could 'run the river', which in other parts of North America is called 'white water rafting'.  We set off with three canoes and three guides loaded onto a truck and drove upstream quite a few miles.  Unloading the canoes into the river where it ran near the road, we then climbed aboard and were given the most thrilling helter skelter ride I have ever experienced; how those guides managed to steer through those high boulders and that rushing water I don't know, but it was the thrill of a lifetime." [1]

Scroll down here for images of what the Miramichi looks like for paddlers.

The irony of this account is that it is the recollection of the third generation Head Keeper of the Houghton Club fishery on the River Test; his former employers are less forthcoming when it comes to providing opportunities for ordinary members of the wider public to experience the pleasure of paddling or fishing in their own country.

[1] "A Particular Lunn: One Hundred Glorious Years on The Test", Lunn, Mick with Ranger. Graham, Second Edition 1991, A & C Black (Publishers) Limited, p.153

Try slalom paddling on the River Itchen in Winchester

Saturday 7th April 2012 is the date set for the annual North Walls 4 and Open Short Course slalom competition organised by Winchester & District Canoe Club. 
It's limited to 100 participants, but this is an entry level Division 4 slalom event, so if you would like to have a go...

"Just go along [...], find "Control" and ask for an entry card. You will be welcome! If you like you can get your entry in before the event: if you've got one, send an entry card to the address in the Calendar - or just write. If you send two envelopes with a stamp and your address on, they will send you the start list before the competition and the results afterwards. You also need to send a cheque or postal order for the entry fee - seniors, £6.75 or £12.25 for a double event: juniors, £4.75 or £7.50 for a double. If in doubt, pay on the day.

You have to be a member BCU / SCA / Canoe Wales / CANI to race, but for a Div 4 race you can buy a one-day temporary membership."

[Source and further information: http://www.canoeslalom.co.uk/info/FAQs.htm#events].

Cheques Payable to: Winchester & District Canoe Club
Justin Churcher, 6 Partry Close, Chandler’s Ford, EASTLEIGH SO53 4SS
email information available: wdccslalom@live.co.uk

If competitive paddling doesn't appeal, e-mail access@canoe-england.org.uk for advice on recreational paddling on the River Itchen and Itchen Navigation.  Please note that Canoe England have advised that it may take 28 days for a reply (or longer for difficult questions). 

Itchen on the Access Map with bonus legal commentary

The excellent Canoe Days Out Access Map provides advice on access conditions for paddlers new to individual rivers in England and Wales, and is compiled from the input and reports of canoeists and kayakers across the country.

Canoe Days Out now offers paddlers a quick reference guide to rivers with disputed access.

It includes reference to the River Itchen, which is categorised as a waterway on which paddlers may find themselves on the receiving end of "significant harrassment".

The River Itchen entry provides a link to a document titled "The Itchen Navigation: A Lawyer’s View of the Legal Issues".  This clearly states that

"The General public right of navigation on the river and the Navigation remains to this day and cannot be stopped up or obstructed or disposed of except by proper legal process (observations of Kindersley V.C. in Hollis v. Bulpett, November 1862, not reported in the law reports). From the legal point of view the Itchen Navigation remains as a public navigable highway, subject to the factual constraints of water and passage."

Limited availability for Kayaking Is Not A Crime merchandise

Whilst this blog has no association with Canoe Wales, it supports the sentiment that Kayaking Is Not A Crime.  Volunteers supporting CW (which stands up for it's recreational members' paddling rights, unlike the British Canoe Union/Canoe England) are providing a limited opportunity to once more buy Kayaking Is Not A Crime merchandise. You only have until 28th February 2012 to place an order, so click on the link and spend to stand up for our rights...

The Test & Itchen Association

In the February 2011 post on this blog about discussions within the Hampshire Countryside Access Forum (HCAF) to improve navigation by paddlers it was noted that

"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."

The previously reported 2010 decision of the Test & Itchen Association (T&IA) to refuse to even discuss access and navigation of these rivers seems to have completely halted HCAF progress with this issue.  Subsequent minutes of HCAF meetings and the 2011 AGM, not to mention the 2011 Annual Report, completely neglect the subject.  It appears that there is no longer even a HCAF Access to Water and Active Sports representative position. 

As an organisation, the T&IA would outwardly appear to have successfully stiffled any opportunity for developing a mutually acceptable wider public use of the waterways it regards as the exclusive preserve of the privileged.*  As organisations are made up of individuals, the following provides an introduction to the men who like to say 'no' to canoeing and kayaking on the River Itchen.

Internet references and listings of the Directors of the T&IA are freely accessible (although care needs to be taken as directors of this secretive 65 year old Private Limited company come and go, but often appear to remain on the scene).  As of todays date, the CompanyCheck and bizzy websites concur that the following people are Directors of the T&IA.

Mr Clayton Mark Brendish, CBE

Appointment as Director of the T&IA: 05/12/2004.
Interest: Owner of the Kimsbridge Estate on the River Test.
Other: Age - 64. Former director Admiral plc, BT, etc., current director Anite, SThree PLC, etc.

The Kimsbridge Estate office is the registered address of the Test & Itchen Association.

"A great sporting estate should be a retreat where you can indulge your profound passion unhindered."  Unless you're an English or Welsh paddler.

Mr John Giles Selby Coode-Adams, OBE DL

Appointment as Director of the T&IA: 31/12/2010.(1)
Interest: Director of The Houghton Club (more on this club later).
Resident: Feeringbury Manor, Colchester.
Other:  Age - 73. City background - former Lehman Brothers banker. High Sheriff of Essex in 2000.  In 2009 Country Life listed him as number 15 of the 100 most powerful people in the countryside.

Dr Richard Malcolm Crabtree

Appointment as Director of the T&IA: 30/04/2000.
Interest: Managing Director of Waitrose's Leckford Estate with 11 miles of bank on the River Test. 
Other:  Age - 63. Vice Chairman, trustee and director of the Wessex Chalk Stream & Rivers Trust (WCS&RT), which just happens to be registered at the Kimbridge Estate office. With regard to the Leckbridge Estate, John Lewis 'partners' (employees) are eligible for a substantial discount on fishing prices on the Estate; I wonder what would happen if one of them asked to paddle on the Test...

Mr Jonathan Humphrey Durrant

Appointment as Director of the T&IA: 08/05/2011. (2)
Interest: Director Timsbury Fishery on the River Test.
Other: Age - 48.  Associate of Cooper's Country, "a team of individuals uniquely committed to promoting an informed understanding and enjoyment of"... hmm.

Mr Neil Freeman

Appointment as Director of the T&IA: 08/05/2011. (3)
Interest: Owns long term lease on fishing at the Broadlands Estate.
Other: Age - 52. Chairman at River Test Salmon Group, trustee at National Angling Museum, Consultant Editor at Classic Angling Magazine, owner of Angling Auctions. The owners of the Broadlands Estate, Lord and Lady Brabourne, have been closely associated with the British Royal Family.

The River Test in the Broadlands Estate. © Copyright Peter Facey and licensed for reuse under this Creative Commons Licence.

Mr Jim Gillo Glasspool

Appointment as Director of the T&IA: 30/11/2008. (4)
Interest: Director of Timsbury Fishery on the River Test, etc., etc.
Other: Age - 78. No mention of angling objection to paddlers, either in Hampshire or at a national level, is complete without reference to Jim Glasspool.  His Angling Trust Board profile skims the surface, but his long-standing involvement with the ACA remains as noteworthy as his directorship of the WCS&RT was inevitable.  For future reference, note his earlier career connections with Shell.

Mr Norman MacLean

Appointment as Director of the T&IA: 29/09/2006.
Interest: Emeritus Professor at Southampton University Centre for Biological Sciences; writes on the historical shaping of the environment by vested fisheries interests.
Other: Age - 79.

Mr Robert David Miles

Appointment as Director of the T&IA: 05/12/2004.
Interest: Solictor who lives close to a tributary of the River Test.
Other: Age - 64.

Even tributaries of the River Test are jealously guarded from access by the public.

Mr Christopher Gwyn Saunders-Davis

Appointment as Director of the T&IA: 21/05/1991.
Interest: Trout farmer.
Other: Age - 66. The trout farms of which he is a director extend well beyond the Test and Itchen catchment; the Padworth trout farm site sits on an arm of the non-canalised River Kennet that also fails to welcome paddlers.

Padworth Trout Farm is a trade name of Test Valley Trout.  Fortunately, the public footpath that runs alongside this location provides access and egress to the water, somewhat like on sections of the Itchen, but not notably on the Test.

Mr Michael Ernest Winter

Appointment as Director of the T&IA: 08/05/2011. (5)
Interest: ?  New boy on the T&IA block, more research needed.
Other: Age - 70.

The first conclusion about those people running an organisation that has refused to even discuss paddling on the Test and Itchen is that, in the majority of cases, their financial interests appear to centre on the Test.  Perhaps they see public navigation rights on the Itchen as being the thin end of a wedge to the Test.

Financial self-interest would no doubt be disregarded as a primary motive for such a position, although they admit that they are concerned about perceived financial harm to fisheries on the whole, but the fact remains that those who deny the public access to their natural heritage are making money from their objection by selling exclusivity.

Finally, if you're wondering why I've listed ages, it's just to show that the T&IA directors who object to paddling on the Test and Itchen have an average age of 65.9 years.  I was surprised to find that this is not much lower than another group of individuals who have a far more insidious influence on paddling on Hampshire's inland waterways.

*I thought long and hard about this note in a post describing the objection of vested fisheries interests to paddlers, but, in the interests of balance, praise is due to such as the owners of the Kimbridge Estate for their support of Casting for Recovery or the Leckford Estate's support for Fishing for Forces.

(1) Companies in the UK states date of appointment as director as 10/02/2011.
(2) Companies in the UK states date of appointment as director as 19/05/2011.
(3) Companies in the UK states date of appointment as director as 06/06/2011.
(4) Companies in the UK states date of appointment as director as 28/12/2008, and also notes the ending of his appointment as Secretary of the T&IA on 26/05/2010.
(5) Companies in the UK states date of appointment as director as 06/06/2011.