DOCSLIB.ORG

The Port of London Authority

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Port of London Authority Ref: APP/NPCU/CPO/F5540/77609 The London Borough of Hounslow (Land South of Brentford High Street) Compulsory Purchase Order 2017 Proof of Evidence On behalf of The Port of London Authority Prepared by Colin Cottage BSc (Hons) MRICS IRRV 13 September 2017 Colin Cottage BSc (Hons) MRICS IRRV Glenny LLP Unex Tower Station Street Stratford London E15 1DA DDI: 020 3141 3569 E: [email protected] Page 2 Index 1.0 Qualifications and Experience 2.0 The Purpose of this Proof of Evidence 3.0 The Port of London Authority 4.0 Riverbed and Foreshore Ownership 5.0 Duties and Powers 6.0 Thames Vision 7.0 The Objection 8.0 Declaration The Port of London Authority The London Borough of Hounslow (Land South of Brentford High Street) Compulsory Purchase Order 2017 Colin Cottage BSc (Hons) MRICS IRRV Reference APP/NPCU/CPO/F5540/77609 Page 3 1.0 Qualifications and Experience 1.1 I am Colin Michael David Cottage, a Member (Partner) of Glenny LLP, an independent practice of Chartered Surveyors and Property Consultants active primarily in London and the South East. 1.2 I have worked in the property market for almost 30 years since obtaining an honours degree in Land Administration in 1988. I qualified as a Chartered Surveyor in 1991 and I am also a member of the Institute of Rating, Revenues and Valuation and the Compulsory Purchase Association. 1.3 Between 1997 and 2011, I ran Glenny LLP’s East London Professional Division, leading a team of surveyors undertaking valuation, landlord & tenant, rating and compulsory purchase work. In September 2011 I formed Glenny LLP’s Regeneration and Infrastructure Division, which provides compulsory purchase, compensation and regeneration consultancy advice, not only in the firm’s core area of operations, but across the UK. 1.4 I have provided advice in relation to compulsory purchase and compensation matters to both acquiring authorities and claimants for approximately 20 years and have specialised in this area of work since 2004. 1.5 My experience includes advising acquiring authorities at Rainham, Abbey Wood, Romford, Dagenham, Stratford, Woolwich, Canning Town, Ilford, Dartford, Harlow and Sandwich. I was also one of the London Development Agency’s primary advisers for the Compulsory Purchase Order used to deliver the 2012 Olympic Games. 1.6 As well as acting for acquiring authorities I represent businesses and individuals affected by compulsory acquisition. I am currently advising claimants in relation to Crossrail, HS2, the Heathrow 3rd runway expansion, the Thames Tideway Tunnel, the Trafford Metrolink, the Network Rail (Huyton) Order, the M4 Relief Road at Newport and a number of regeneration- based CPOs in locations that include Purfleet, Tottenham and Enfield. 1.7 Within the field of compulsory purchase and compensation, I have wide-ranging experience of dealing with canals, rivers and waterfront infrastructure, including docks and wharves. In addition to providing advice to the Port of London Authority (‘the PLA’), I also act for the Manchester Ship Canal Company, The Bridgewater Canal Company, Associated British Ports, the Bristol Port Company and the Port of Sheerness Ltd. 1.8 I have experience in giving written and oral expert evidence at Public Inquiry, the High Court and the Upper Tribunal (Lands Chamber). I am an RICS accredited expert witness. The Port of London Authority The London Borough of Hounslow (Land South of Brentford High Street) Compulsory Purchase Order 2017 Colin Cottage BSc (Hons) MRICS IRRV Reference APP/NPCU/CPO/F5540/77609 Page 4 2.0 The Purpose of this Proof of Evidence 2.1 The London Borough of Hounslow (‘Hounslow’) is seeking to secure powers of compulsory acquisition pursuant to the London Borough of Hounslow (Land South of Brentford High Street) Compulsory Purchase Order (‘the Order’), over land that includes parts of the riverbed and foreshore of the River Brent owned by the PLA. While the PLA does not object to the principle of Hounslow’s proposed scheme of development and is indeed supportive of sustainable regenerative development that interacts sympathetically with the river assets in its stewardship, it has concerns that the development may a) impact on the right of the public to enjoy this part of the River Brent b) have a detrimental effect on an important existing river business c) create increased water discharges into the Brent which may cause interference or damage to the river bed 2.2 The Port of London Act 1968 (‘the 1968 Act’) provides a statutory mechanism that would allow Hounslow to secure the rights it is seeking over the PLA’s land, subject to appropriate scrutiny and the application of any appropriate conditions. Hounslow has chosen not to make an application under the 1968 Act and is instead seeking unfettered rights that will allow it to acquire land and undertake works without the need to consult with the PLA in the way envisaged by Parliament when it enacted the 1968 Act. The PLA objects to this. 2.3 The purpose of this proof is to inform the Inquiry of the PLA’s role, duties and vision for its river assets, explain the extent of its ownership in the Order Lands and set out why, because of the1968 Act, there is no compelling case in the public interest for Hounslow to be granted compulsory purchase powers to acquire land and rights from the PLA. The Port of London Authority The London Borough of Hounslow (Land South of Brentford High Street) Compulsory Purchase Order 2017 Colin Cottage BSc (Hons) MRICS IRRV Reference APP/NPCU/CPO/F5540/77609 Page 5 3.0 The Port of London Authority 3.1 The PLA was established under the Port of London Act 1908 for the purpose of administering, preserving and improving the Port of London and for other purposes including the conservancy of the tidal Thames. Those powers were extended in subsequent Acts and Orders (including the Port of Tilbury Transfer Scheme 1991 Confirmation Order 1992 (SI 1992/284) and are now consolidated and unified by the 1968 Act. The 1968 Act has been subsequently amended through various Harbour Revision Orders, the most recent such Order was approved by the Secretary of State for Transport in 2005. 3.2 The PLA is a trust port. Accordingly, it manages its river assets for the benefit of all river users. This special status means that it is obliged to turn its assets to account so as to maximise the funds it has available for its statutory undertaking and to minimise the conservancy and other charges payable under the 1968 Act by river users. The PLA is wholly funded by such charges and the other funds it generates from its assets: it does not receive any subsidy from the Government or from any other party or body. 3.3 The PLA has jurisdiction, as port authority, for the length of the tidal River Thames and its tidal tributaries, from its landward limits at Teddington Lock in the west to its seaward limits in the outer estuary of the Thames, roughly equating to a line drawn between Clacton in Essex and Margate in Kent. 3.4 Although the Grand Union Canal, where it joins the river Thames, is one of the tidal tributaries, the PLA no longer has any navigational jurisdiction there (see s.2 and schedule 1 of the 1968 Act). The part of the river Brent that was not required for the construction of the Canal (“the backwater”) is still in the ownership of the PLA and is also still tidal. However, because the water flowing through the backwater does not come and go directly to and from the Thames, for navigational purposes, it is treated as a continuation of the Grand Union Canal and the Canal and River Trust exercises navigational jurisdiction over it. The Port of London Authority The London Borough of Hounslow (Land South of Brentford High Street) Compulsory Purchase Order 2017 Colin Cottage BSc (Hons) MRICS IRRV Reference APP/NPCU/CPO/F5540/77609 Page 6 4.0 Riverbed and Foreshore Ownership 4.1 The PLA owns most of the river bed and foreshore (to Mean High Water mark) of the Thames between the limits stated above (para 3.3), with the majority of the remainder being owned by the Crown Estate. 4.2 The definition of “the Thames” within the 1968 Act means so much of the river Thames, the Thames estuary, rivers, streams, creeks, watercourses and the sea as is within the limits. The PLA contends that the parts of the river Brent that were not required for the construction of the Grand Union Canal remained in the ownership of the body responsible for the conservancy of the river Thames, and that they are still owned by and fall within the PLA’s administrative limits as landowner. 4.3 The Canal and River Trust has confirmed that it does not own the bed of the river at this location. 4.4 The PLA’s absolute freehold title to the riverbed forming the backwater, which runs from the Grand Union Canal round to Town Wharf, is registered with title number AGL202024. The PLA has undertaken detailed investigations in conjunction with the Canal and River Trust into the ownership of the riverbed and foreshore of the River Brent and is satisfied that it owns, or exercises rights over the following land within the Order Lands for the reasons explained below. 4.5 Land to be acquired 4.5.1 Plots 85 and 88 - registered title 4.5.2 Part of Plot 86 – an area of land fronting Town Wharf, where various vessels are moored, the land is not registered. The plan at page 3, titled “River Brent” in the PLA‘s booklet Tidal Limits of the Tributaries and Creeks , prepared by the PLA under section 17 of the Port of London Act 1964 (published in June 1967) and defines the PLA’s ownership.
Load more

Recommended publications
  • A Beginner's Guide to Boating on Inland Waterways
    Ti r A Beginner’s Guide To Boating On Inland Waterways Take to the water with British Waterways and the National Rivers Authority With well over 4,000 km (2,500 miles) of rivers and canals to explore, from the south west of England up to Scotland, our inland waterways offer plenty of variety for both the casual boater and the dedicated enthusiast. If you have ever experienced the pleasures of 'messing about on boats', you will know what a wealth of scenery and heritage inland waterways open up to us, and the unique perspective they provide. Boating is fun and easy. This pack is designed to help you get afloat if you are thinking about buying a boat. Amongst other useful information, it includes details of: Navigation Authorities British Waterways (BW) and the National Rivers Authority (NRA), which is to become part of the new Environment Agency for England and Wales on 1 April 1996, manage most of our navigable rivers and canals. We are responsible for maintaining the waterways and locks, providing services for boaters and we licence and manage boats. There are more than 20 smaller navigation authorities across the country. We have included information on some of these smaller organisations. Licences and Moorings We tell you everything you need to know from, how to apply for a licence to how to find a permanent mooring or simply a place for «* ^ V.’j provide some useful hints on buying a boat, includi r, ...V; 'r 1 builders, loans, insurance and the Boat Safety Sch:: EKVIRONMENT AGENCY Useful addresses A detailed list of useful organisations and contacts :: : n a t io n a l libra ry'& ■ suggested some books we think will help you get t information service Happy boating! s o u t h e r n r e g i o n Guildbourne House, Chatsworth Road, W orthing, West Sussex BN 11 1LD ENVIRONMENT AGENCY 1 Owning a Boat Buying a Boat With such a vast.range of boats available to suit every price range, .
    [Show full text]
  • Canoe and Kayak Licence Requirements
    Canoe and Kayak Licence Requirements Waterways & Environment Briefing Note On many waterways across the country a licence, day pass or similar is required. It is important all waterways users ensure they stay within the licensing requirements for the waters the use. Waterways licences are a legal requirement, but the funds raised enable navigation authorities to maintain the waterways, improve facilities for paddlers and secure the water environment. We have compiled this guide to give you as much information as possible regarding licensing arrangements around the country. We will endeavour to keep this as up to date as possible, but we always recommend you check the current situation on the waters you paddle. Which waters are covered under the British Canoeing licence agreements? The following waterways are included under British Canoeing’s licensing arrangements with navigation authorities: All Canal & River Trust Waterways - See www.canalrivertrust.org.uk for a list of all waterways managed by Canal & River Trust All Environment Agency managed waterways - Black Sluice Navigation; - River Ancholme; - River Cam (below Bottisham Lock); - River Glen; - River Great Ouse (below Kempston and the flood relief channel between the head sluice lock at Denver and the Tail sluice at Saddlebrow); - River Lark; - River Little Ouse (below Brandon Staunch); - River Medway – below Tonbridge; - River Nene – below Northampton; - River Stour (Suffolk) – below Brundon Mill, Sudbury; - River Thames – Cricklade Bridge to Teddington (including the Jubilee
    [Show full text]
  • Iwa Submission on the Environment Bill – Appendix A
    IWA SUBMISSION ON THE ENVIRONMENT BILL – APPENDIX A IWA VISION FOR SUSTAINABLE PROPULSION ON THE INLAND WATERWAYS EXECUTIVE OVERVIEW 1. Recognising the UK Government’s strategy to reduce emissions from diesel and petrol engines, IWA formed its Sustainable Propulsion Group in 2019 to identify and monitor developments which will enable boats on the inland waterways to fully contribute to the Government’s stated aim of zero CO2 emissions by 2050. 2. The Group has identified a number potential solutions that it recommends should be progressed in order to ensure that boats used on the inland waterways do not get left behind in technological developments. These are outlined in more detail in this paper. 3. To ensure that the inland waterways continue to be sustainable for future generations, and continue to deliver benefits to society and the economy, IWA has concluded that national, devolved and local government should progress the following initiatives: Investment in infrastructure through the installation of 300 shore power mains connection charging sites across the connected inland waterways network. This would improve air quality by reducing the emissions from stoves for heating and engines run for charging batteries, as well as enabling a move towards more boats with electric propulsion. Working with navigation authorities, investment in a national dredging programme across the inland waterways to make propulsion more efficient. This will also have additional environmental benefits on water quality and increasing capacity for flood waters. Research and investment into the production, use and distribution of biofuels. This will be necessary to reduce the environmental impact of existing diesel engines which, given their longevity, will still be around until well after 2050.
    [Show full text]
  • East Sussex Rother Catchment Management Plan Action Plan
    NRA Southern 8 EAST SUSSEX ROTHER CATCHMENT MANAGEMENT PLAN ACTION PLAN NRA National Rivers Authority Southern Region MISSION STATEMENT The NRA’s mission is : "We will protect and improve the water environment by the effective management of water resources and by substantial reductions in pollution. We will aim to provide effective defence for people and property against flooding from rivers and the sea. In discharging our duties we will operate openly and balance the interests of all who benefit from and use rivers, groundwaters, estuaries, and coastal waters. We will be businesslike, efficient and caring towards our employees". Our Aims are to : Achieve a continuing overall improvement in the quality of rivers, estuaries and coastal waters, through the control of pollution. Manage water resources to achieve the right balance between the needs of the environment and those of the abstractors. Provide effective defence for people and property against flooding from rivers and the sea. Provide adequate arrangements for flood forecasting and warning. Maintain, improve and develop fisheries. Develop the amenity and recreation potential of inland and coastal waters and associated lands. Conserve and enhance wildlife, landscape and archaeological features associated with inland and coastal waters of England and Wales. Improve and maintain inland waters and their facilities for use by the public where the NRA is the navigation authority. Ensure that dischargers pay the costs of the consequences of their discharges, and, as far as possible, to recover the costs of environment improvements from those who benefit. Improve public understanding of the water environment and the NRA's work. Improve efficiency in the exercise of the NRA's functions and to provide challenge and opportunity for employees and show concern for their welfare.
    [Show full text]
  • Residential Use of Inland Waterways – an Advisory Document
    ADVISORY DOCUMENT RESIDENTIAL USE of INLAND WATERWAYS February 2011 CONTENTS EXECUTIVE SUMMARY 1 INTRODUCTION 1.1 Purpose and remit of this document 1.2 Context 1.3 Management of the inland waterway network: the navigation authorities 1.4 ‘Residential use’ 1.5 Different types of vessels and floating structures in residential use 1.6 Different types of moorings 2 THE ROLE OF RESIDENTIAL USE OF WATERWAYS IN THE HOUSING AND INLAND WATERWAYS SECTORS 2.1 The multi-functional nature of waterways 2.2 Numbers of licensed or registered vessels on the inland waterways 2.3 People living afloat: a specific household group 2.4 Policies of the principal inland navigation authorities 3 CONSENTS REQUIRED FOR RESIDENTIAL USE OF WATERWAYS 3.1 Planning permission 3.2 The rights of riparian owners 3.3 Flood defence consent 3.4 Water use consent 3.5 Navigation authority consent 3.6 Other requirements specific to the location of the mooring site 4 OTHER ISSUES RELATED TO THE RESIDENTIAL USE OF WATERWAYS 4.1 Security of tenure 4.2 Council tax 4.3 The Boat Safety Scheme 5 CONCLUSIONS APPENDICES Policies/positions of the principal inland navigation authorities with respect to the residential use of waterways: 1. British Waterways 2. Environment Agency 3. Broads Authority Acknowledgements AINA would particularly like to thank British Waterways, the Environment Agency and the Broads Authority for the time and energy devoted to the drafting of this document by key personnel within their respective organisations. The contribution to the drafting process made by representatives of the Residential Boat Owners’ Association was also of particular value.
    [Show full text]
  • Getting to Know Your River
    Would you like to find out more about us, or about your environment? Then call us on 08708 506 506 (Mon-Fri 8-6) A user’s guide to the email River Thames enquiries@environment- agency.gov.uk or visit our website www.environment-agency.gov.uk incident hotline getting to know 0800 80 70 60 (24hrs) floodline 0845 988 1188 your river Environment first: This publication is printed on paper made from 100 per cent previously used waste. By-products from making the pulp and paper are used for composting and fertiliser, for making cement and for generating energy. GETH0309BPGK-E-P Welcome to the River Thames safe for the millions of people who use it, from anglers and naturalists to boaters, We are the Environment Agency, navigation authority for the River Thames walkers and cyclists. This leaflet is an essential guide to helping the wide variety from Lechlade to Teddington. We care for the river, keeping it clean, healthy and of users enjoy their activities in harmony. To help us maintain this harmony, please To encourage better understanding amongst river users, there are nine River User Groups (RUGs) read about activities other than your own covering the length of the river from Cricklade to to help you appreciate the needs of others. Tower Bridge. Members represent various river users, from clubs and sporting associations to commercial businesses. If you belong to a club that uses the river, encourage it to join the appropriate group. Contact your local waterway office for details. Find out more about the River Thames at www.visitthames.co.uk Before you go..
    [Show full text]
  • Department for Environment, Food & Rural Affairs Waterways for Tomorrow
    Department for Environment, Food & Rural Affairs Waterways for Tomorrow Overview This document follows up the White Paper A New Deal for Transport; Better for Everyone by setting out proposals for the future of our inland waterways - the canals and navigable rivers of England and Wales. The Scottish Executive will consider whether to issue a separate document covering the inland waterways of Scotland. The Government wants to promote the inland waterways, encouraging a modern, integrated and sustainable approach to their use. We want to protect and conserve an important part of our national heritage. At the same time, we want to maximise the opportunities the waterways offer for leisure and recreation; as a catalyst for urban and rural regeneration; for education; and for freight transport. We want to encourage innovative uses such as water transfer and telecommunications. The last major review of the inland waterways was carried out more than thirty years ago. This led to the Transport Act 1968 which recognised that the main role of the nationalised waterways was shifting from transport to amenity and recreational use. Today, all our waterways are more widely appreciated than ever. As well as their recreational and transport roles, the waterways also supply water and have become part of the land drainage system. The system is rich in heritage value and is an important environmental and ecological resource. The waterways stimulate regeneration and are increasingly being used in innovative ways. The system is undergoing a renaissance as more derelict waterways are restored, greater resources are devoted to maintaining the existing system and increased effort is put into maximising the benefits the waterways offer.
    [Show full text]
  • Empowered Or Hindered? an Assessment of the Effectiveness of Existing Legal Powers in Enabling Navigation Authorities to Achieve Their Full Potential
    Empowered or hindered? An assessment of the effectiveness of existing legal powers in enabling navigation authorities to achieve their full potential Empowered or hindered? An assessment of the effectiveness of existing legal powers in enabling navigation authorities to achieve their full potential About AINA AINA is the industry body in Great Britain for those authorities with statutory or other legal responsibility for the management and operation of navigable inland waterways for navigation and wider uses. There are 21 AINA members drawn from the public, private and third sectors. They include British Waterways and the Environment Agency which are publicly owned and receive grant-in-aid from government, in addition to the Broads Authority, national park authorities, local government authorities, private canal companies, internal drainage boards, and a variety of public and charitable trusts. Most AINA members are defined as navigation authorities by their own AINA Acts of Parliament (some of them centuries old) which regulate the operation of their waterways. Others, such as local government Fearns Wharf authorities, have inherited the status of navigation authority through Neptune Street various statutes. Leeds LS9 8PB Between them AINA members have responsibility for over 5,500 km of [email protected] navigable inland waterways which include canals, river navigations www.aina.org.uk and other large open bodies of fresh water. 2 Empowered or hindered? An assessment of the effectiveness of existing legal powers in enabling navigation authorities to achieve their full potential Contents and Appendices Contents Appendices Foreword 1. Questionnaire - AINA legal powers 1. Introduction 2. Navigation authorities - their legal status and the relevant governing legislation 2.
    [Show full text]
  • Navigations in the Anglian Region
    NRA Anglian 88 NAVIGATIONS IN THE ANGLIAN REGION NRA National Rivers Authority Anglian Region INTRODUCTION Great Ouse, Ancholme, Welland, Glen, Stour and the This guide has been produced by the Anglian Region of Middle Level System. the National Rivers Authority (NRA). Every effort has been made to ensure that the information The guide provides useful information for people wishing contained in this guide is accurate. No liability can be to navigation the Rivers Nene, accepted for any errors, inaccuracies or omissions. 2 NRA NAVIGATION STRATEGY For local information on the Great Ouse please contact our Brampton office on (0480) 414581. The National Navigation Strategy was published in the last quarter of 1993 and is one of a series of documents For local information on the Nene, Welland, Glen and setting out aims and objectives, and the means by which Ancholme please contact our Lincoln office on (0522) they will be achieved, across all NRA’s core functions. 513100. The principal aim is to maintain and improve inland waters For local information on the Stour please contact our and their facilities for use by public where the NRA is the Ipswich office on (0473) 727712. navigation authority. BOAT LICENSING AND REGISTRATION Key objectives of the strategy are to:- Details of regional requirements for the registration and • contribute to the development of an overall navigation licensing of craft to use the waterways described in this strategy for England and Wales; booklet are available from:- • regulate NRA navigations through the enforcement of a National Rivers Authority consistent series of licences, orders, byelaws and statutes; Anglian Region Kingfisher House • maintain and improve the NRA navigation fairway, Goldhay Way facilities and standards; and Orton Goldhay PETERBOROUGH PE2 5ZR • recover from users the costs of providing specific navigation facilities and a reasonable proportion of the Telephone (0733) 371811 costs of maintaining the navigation.
    [Show full text]
  • Thames Waterway Plan 2006-2011
    Thames waterway plan 2006-2011 This document is out of date and has been withdrawn (18/02/2016) Contents Thames waterway plan Contents Vision and objectives 4 1.0 Introduction 5 2.0 Approach 6 3.0 Underlying principles 8 4.0 Context 9 5.0 Sustainable development 11 do not print 5.1 Introduction 11 5.2 The integrated regional framework 11 5.3 Sustainable waterway leisure and tourism in the South East 12 5.4 Sustainable development principles 12 6.0 The River Thames 13 this page 6.1 River Thames and its tributaries 13 6.2 Local Government boundaries 13 7.0 Socio-economic baseline 18 7.1 Population 18 7.2 Economic value 18 7.3 Demographic changes 19 7.4 Social inclusion 22 7.5 Deprivation 24 7.6 Ethnicity 24 8.0 Tourism 30 8.1 Tourism trends 30 8.2 Visitor attractions 36 8.3 Visitor expectations and product quality 36 9.0 Sport and recreation 40 9.1 Government policy 40 9.2 Trends in participation 41 9.3 Value of open space 44 9.4 Access and walking 45 9.5 Cycling 49 9.6 Angling 52 9.7 Rowing 53 9.8 Canoeing 54 9.9 Sailing 55 9.10 Motor cruising 55 9.11 Swimming 55 This document is out of date and has been withdrawn (18/02/2016) 1 Contents Contents 10.0 Powered boating 56 Tables and graphs 10.1 Trends on the river 56 Figure 1 P ercentage of young people participating regularly in sport 2002 41 10.2 Pattern ofboat movement 58 Figure 2 Thames traffic related to boat numbers 1960–2004 56 10.3 Permanent moorings 60 Figure 3 Inland boating share of the market 2001 57 10.4 Visitor moorings 61 Figure 4 A verage locks made and boat movement through
    [Show full text]
  • Middle Level Bill
    Middle Level Bill [AS AMENDED IN COMMITTEE] EXPLANATORY MEMORANDUM This Bill is promoted by the Middle Level Commissioners (“the Commissioners”), who are responsible for both flood risk management and the regulation of navigation in the Middle Level of the Fens. The purpose of the Bill is to amend and update the Commissioners’ powers to regulate navigation on the Middle Level. In particular, the Bill would allow the Commissioners to levy charges in respect of vessels using the Middle Level waterways, and give them powers to introduce a registration scheme for vessels using the waterways. Similar powers are exercised by the Environment Agency, Canal & River Trust and the Broads Authority in respect of their own navigations. The Middle Level is the central and largest section of the Great Level of the Fens, which was reclaimed by drainage in the mid-17th Century. The Middle Level covers parts of the City of Peterborough, the districts of Fenland and Huntingdonshire in Cambridgeshire, and the borough of King’s Lynn and West Norfolk in Norfolk. It is bounded by the river Nene to the northwest, the river Great Ouse to the east, and by low hills to the south and west. Virtually all of the fen land within the Middle Level lies below mean sea level, and relies on a complex flood protection and water level management system to alleviate the risk of flooding. This is carried out by the Commissioners, who manage a system of natural and artificial watercourses, extending for over 190 kilometres (120 miles), with a catchment of just over 70,000 hectares (170,000 acres).
    [Show full text]
  • 1.5 Ch 3. River Navigation Acts
    85 Chapter 3. The River Navigation Acts. Cosmographers do agree that this Island is incomparably furnished with pleasant Rivers, like Veins in the Natural Body, which convey the Blood into all the Parts, whereby the whole is nourished, and made useful; but the Poet tells us, he acts best, qui miscuit utile dulce. (who combines utility with beauty) The Speaker of the Commons to the Lords, 2nd March 1665 Journal of the House of Lords xi, 675 3.1 Introduction In this dissertation ‘River Navigation Act’ is used to refer to an Act which authorised physical work on one or more named rivers so that boats of ‘considerable burthen’1 could pass along the river or rivers, or pass more easily. The Acts are examined here to determine what information can be obtained from their texts as to the Common Law rights of navigation on these rivers before the date of each of the Acts.2 The conclusion is that on most, if not all, of the rivers for which Acts were passed, there was a pre-existing public right of navigation. It is unfortunate that some commentators have misunderstood the purposes of the these Acts. The author of the relevant passage in Halsbury’s Laws of England wrote, ‘Numerous statutes have been passed concerning public rights of navigation on particular rivers.’3 When the Acts are studied it is found that very few, if any, concern ‘the public rights of navigation’. Bonyhady wrote, ‘Parliament enacted a succession of private and local Acts which empowered undertakers either to make navigable existing rivers which were impassable or to construct canals.’4 Very few, if any, of the rivers were impassable to 1 (1766) 6 George III c 94 2 A list of the Acts is given at Appendix A.
    [Show full text]