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Author Topic: Avon access video  (Read 7004 times)

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Offline NigelSharpe

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Avon access video
« on: December 05, 2009, 01:44:11 AM »

Offline Kevin Coombes

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Re: Avon access video
« Reply #1 on: December 07, 2009, 10:12:38 AM »
I must say, made for very interesting watching!

For those of you who have not read about D. Caffyn's work, here is a small document outlining his research.

http://www.salisburycanoeclub.org.uk/wp-content/uploads/2009/12/saccess.pdf
"If found, please return me to a river"

Offline NigelSharpe

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Re: Avon access video
« Reply #2 on: December 11, 2009, 09:55:12 AM »
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 [email protected]

Environment Agency, Rivers House, Sunrise Business Park, Higher Shaftesbury Road, Blandford, Dorset, DT11 8ST"

Offline Kevin Coombes

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Re: Avon access video
« Reply #3 on: December 12, 2009, 08:29:46 AM »
So, basically, its nothing to do with the EA?

Well done for prodding and gettin a reply though Nigel.
"If found, please return me to a river"

Offline Gordon

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Re: Avon access video
« Reply #4 on: December 16, 2009, 11:29:56 AM »
Yes

Very well done Nigel, anyone know who/if there is a BCU access officer? I wholeheartedly support Doug Caffyn's considered opinion until legally proven otherwise!

Offline Kevin Coombes

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Re: Avon access video
« Reply #5 on: December 16, 2009, 12:43:13 PM »
Im not aware of anyone stepping into the Salisbury slot. Are you volunteering?

The act that the rev. talks of, i've heard a rumor that it has infact been repealed! Though until proven I'll believe otherwise.
"If found, please return me to a river"

Offline Gordon

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Re: Avon access video
« Reply #6 on: December 17, 2009, 06:56:11 AM »
Kev
Until legally disproven(if there is such a word), I'm with Caffyn, however my backup stance is, I got on/off on public land, therefore no tresspass, also landowner has to prove to me he has navigation rights, my access policy is dictated by Nike " Just Do It"

 

anything