January – March 2005

Improving Access for Canoeing on Inland Waterways

The next stage of the access study schemes for progressing the arranging of access agreements on the Rivers Mersey and Waveney commenced in January.  The Environment Agency have re-appointed the University of Brighton as consultants to implement their findings from the university's research "Improving Access for Canoeing on Inland Waterways - a study of the Feasibility of Access.

Work on the Rivers Teme and Wear is planned for 2005/2006 and a start date has yet to be announced.  

Since January the consultants have had a series of individual meetings with local BCU representatives and other users at both the Rivers Mersey and Waveney study areas for information to format arrangements for access agreements. 

For the River Waveney work has progressed to an outline access agreement issued in February for local consultation. A background of custom and practice of canoeing on the river developed over many years by the Local River Advisors and Waveney Canoe Club has contributed to this work.  Other activity in hand is for the Local River Advisor, Environment Agency and consultants to survey particular sections of the river from the water. Assessing potential portage and egress/access points and fencing recently erected the Agency are points of interest. 

On the study section of the River Mersey between Stockport and Sale the local authorities are the major landowners.  The consultants report that agreement has been reached in principle with these authorities for access to 85% of the 20km linear length of the study subject to resolving public liability issues.  Local BCU representatives have been engaged in proposals for any management and local communications arrangements that may be required; plus contributing information on the physical aspects for paddling the river ie portages, access and egress points, car parking etc.   

At the time of writing (March 11) the consultants report their negotiations continue in both study areas, and whilst on schedule, any final completion dates cannot be given.  A progress report meeting is planned between the consultants and the BCU staff later this month. 

December 2004
Additional Actions

One of the actions to come out of the meeting with the Rt Hon Alun Michael MP, in October, was to have further meetings with the Environment Agency (EA) to look at  Brighton 2 ("Improving Access for Canoeing on Inland Waterways – A Study of the Feasibility of Access Agreements") findings and see if there was the possibility of a way forward.  The meeting took place in Bristol in mid-December and was attended by four BCU and WCA representatives. 

The EA explained that their statutory duty included making improvements for all recreational river users (Their website highlights all this more fully) as well as a policy on “sustainable access”.

DEFRA explained that access and the countryside was firmly on their agenda along with sustainable development.  They were working on the implementation of the CrOW Act including the regulation of common land and the policy on National Parks.  Access to water is an integral part of their work.

The meeting decided that a further meeting in early 2005 to set out a plan of action would be needed.  It has been pointed out that although the Environment Agency is responsible for some of the waterways that canoeists need access to many others fall outside of the EA’s remit. In the meantime the EA said that they were going to go ahead with the implementation of the Brighton 2 findings.  The BCU/WCA representatives stressed that before any work is undertaken on any of the four sites greater consultation must be had with the BCU and the canoeists within the local areas.  It was felt that if this work was to take place with out in-depth consultation we could actually end up ith less access particularly on the River Waveney where local access agreements are in place and that canoeing facilities were highlighted in a leaflet “Canoeing on the Upper Waveney” published in 2001 (by the EA, Mid Suffolk District Council, Suffolk County Council, Waveney District Council, Upper Waveney Valley Countryside Project and local canoeing and horse riding groups)

Perhaps of greater value to canoeists is the strategic plan and review of access that has been proposed.

Should this work by DEFRA fail to deliver; the BCU believes the only way forward is for primary legislation to provide access to our rivers. We shall then need the active support of every single canoeist and members of the public whether a BCU member or not for what will be Stage 2 of the Lobby to bring our case back into the public domain and increased attention.

In the meantime we need to keep the issue of access high on the agenda and to raise the public’s awareness of the situation. We need to gain support of all interested personnel who feel that there should be a change in the access situation so that we can all enjoy our rivers whoever we are.

November 2004

The major piece of work by the University of Brighton on behalf of the Department of Environment Food and Rural Affairs DEFRA called "Improving Access for Canoeing on Inland Waterways – A Study of the Feasibility of Access Agreements" was published in June 2004 and we had been waiting for the minister’s response to its findings.  The process of dealing with Government is often long winded and we have had to be patient in waiting for the response.

The meeting to discuss the findings was held on 20th October with the Minister, Rt Hon Alun Michael MP, Minister of State Environment and Rural Affairs and Officials from the BCU/WCA, the Environment Agency, the Countryside Agency and DEFRA.  Gareth Thomas MP, who is a canoeist also attended.  

The meeting was positive and it was recognised that there is a real issue with regard to access to inland rivers for canoeists and that there is much detail which requires further clarification.  Recognition was given to the fact that some progress is achievable in the short term as a result of the “ Brighton 2” study.  However, the BCU/WCA emphasised the fact that canoeists must be involved in any work that is to take place. This is to achieve “buy in” and also to make sure that the real needs of canoeists are met without unnecessary expenditure which does not enhance the access to and use of the chosen rivers.  It is likely that two of the four rivers highlighted in the Brighton study will be developed in the next few months this will be part of a greater access strategy.  

DEFRA have agreed to revisit the findings of Brighton 1 and to consider the eight bullet points including the potential need for legislation which highlight possible ways forward:  

Minor development of current planning policy and strategies  Targeted purchase of services and revised funding arrangements  Targeted acquisition of land and water rights  Voluntary agreements  Voluntary agreements with dedication  Compulsory access order  A selective increase in statutory rights of navigation  Statutory rights of navigation to all major rivers, canals and water bodies

The recently published work by the Rev’d Douglas Caffyn “The Right of Navigation on Non-Tidal Rivers and the Common Law” was highlighted and the issues it raises discussed.  This will require considerable additional legal advice before it can be considered further.

Ways to resolve any differences with the Environment Agency, over access and the development of recreational use of the rivers were considered and a Strategic Planning Group to look at a way forward is being set up.  The membership of the group will be from a variety of bodies including the BCU/WCA.

The Minister recognised that we have a democratic right to lobby and although he commented on the amount of work he had to undertake as a result of all the lobbying letters. (Thank you to everyone who took the time and made the effort to write …it does get us noticed and people do talk about the access issue) Other means of raising the profile of the campaign and widening the awareness of the access issue in the public domain are now required.  He recognised that the Canoeing Lobby felt that the way in which to achieve sustainable access was through legislation and it still remained the ultimate goal.  The Minister pointed out that this would not be achievable in the short to medium term and that the BCU would need considerably more public support if the aspiration was, indeed, ever to be met. However, on the way to achieving that goal there may well be other obtainable targets which will ease the access situation.  These will need to be reviewed and tested.  One on the ways forward that the Minister wanted to be considered was that of Voluntary Access Agreements.   We will consider these alongside our other access work but, from experience, we pointed out that we have experienced insecurity over the sustainability of such arrangements.

Sustainability and security of agreements for greater access to water is critical if the BCU are going to be able to fulfil the commitment to a National Canoeing Development Plan over the next few years. 

The work taking place within the Local Access Forums has recently been widened to include that of access to the water.  The Minister wants feedback on how the LAFs are progressing with this new area of work.

The Countryside Agency has been asked to include access to water on future Agendas for the National Countryside Access Forum. In addition the Central Council for Physical Recreation (CCPR) have been asked to nominate a representative from the Water Recreation Division.

September 2004

 “The Countryside Agency has now published their consultants’ report, entitled ‘A feasibility study on improving access for canoeing by voluntary agreement’.

In general the BCU considers this new report comprehensive, of high quality and a fair representation of the difficult and complex situation that exists exclusively in England and Wales .

We were pleased that the consultants’ earlier report ‘Water-Based Sport and recreation: the facts’ confirmed that the public can not gain access to over 96% of rivers.

This new report details the many obstacles precluding access to water and preventing generation of further opportunities.  We consider it is clearly established that negotiated access agreements do not tackle the root cause of the problem, and do not offer a realistic solution to the large scale problems of access to and along water for water-based sport and recreation in England and Wales . This has been a long stated position extolled by the BCU.

We are therefore disappointed that the new report outlines that negotiations ‘might be appropriate as an alternative to a statutory right of access to all waters as proposed by the British Canoe Union’.  We acknowledge that the Government has not as yet reached a conclusion on this report.

The report dealt exclusively with 4 subject rivers. The report has proposals to pursue access agreements to these study areas to generate a possible 77 kilometres of access waters. The report indicates that there is no assurance of success with these schemes, and indicates that further expenditure, representing nearly £12,000 per kilometre will be needed. This is clearly not sustainable when applied to the 65,000 kilometres of rivers still to be addressed in England and Wales .

We believe that this money could be better spent on promoting and delivering legislation to remove the legal barrier unique to England and Wales that will have to be addressed at some stage on behalf of all water sport.

These barriers to access continue to be a problem and an area of growing concern for the sport and recreation of canoeing. We have sought to contain the frustration in canoeing circles at the continued failure to make progress in this area both by the BCU itself and public bodies in particular. Despite this internal pressure we have given every possible support to the two consultancy reports in order to allow them to reach independent findings. This action has been vindicated by the value of the reports.

We do not consider that the proposals offer a solution to the problem that goes anywhere near meeting canoeing’s needs and we now feel free to actively pursue alternative solutions including the promotion of necessary new legislation. 

The BCU looks forward to meeting The Rt Hon Alun Michael MP Minister for the Environment and Rural Affairs to discuss the report and the way forward.