The EA have finally authorised me to publish their reply on this website, providing that I do not change it in any way, so here it is. There is nothing groundbreaking I am afraid;
"Mr Sharpe, I have received the following responses from Roger Genge in our Fisheries, Recreation and Biodiversity Team;
“(1) Is there a legal right of navigation between Salisbury and the sea along the River Avon?
Environment Agency response: If the Environment Agency was aware that there was a clear legal right to navigation, that information would have been published. It is not a matter that the Agency should advise on as to whether there is a legal right of navigation on the River Avon or not. It is not in the Agency's remit to consider the question of access or navigation rights. This is a matter between the riparian owners, the person/s contesting the navigation right and, if necessary, the Court whose responsibility it is to determine these issues. Environment Agency officers, when carrying out works on the River Avon seek the support/permission of the riparian owners before carrying out those works. Riparian owners can only give permission for navigation over the stretch of the river that they own.
(2) If the answer to (1) above is that there is no right of navigation, on what basis do you consider that there is no legal right of navigation?
Environment Agency response: See (1), above
(3) If your answer to (1) above is that there is a legal right of navigation, on what basis do you give your answer?
Environment Agency response: See (1), above
(4) Have you taken legal advice before giving your answer and did it consider the opinion outlined in the link above?
Environment Agency response: No - this is not an Environment Agency matter - however I did read the article
(5) If you took legal advice, I would be grateful if you could provide a copy of this to me.
Environment Agency response: See (4), above
Roger Genge, Technical Officer (Fisheries), (and BCU L2 Coach!)”
The information you have requested is provided subject to the attached notice (Notice – Non Commercial.pdf). Please let me know if you require any further information.
Chris Doyle
Environment Agency
External Relations Officer
Wessex Area, Blandford Office
Telephone 01258 483396 (direct) 7-24-3396 (internal)
e-mail
chris.doyle@environment-agency.gov.ukEnvironment Agency, Rivers House, Sunrise Business Park, Higher Shaftesbury Road, Blandford, Dorset, DT11 8ST"
