Regarding: Proposal by Oxford City Council to Introduce a Public Space Protection Order

Dear Sir/Madam,

Regarding: Proposal by Oxford City Council to introduce a Public Space Protection Order to regulate mooring on the waterways in Oxford

Unlawfully moored boats have been a long standing issue in Oxford, causing blight, pollution and nuisance to residents. They also create a hazard to other river users, including the many university rowers, and block access to temporary mooring for leisure boaters wishing to visit the city. From October 2014, Public Spaces Protection Orders (PSPOs) have been made available to Oxford City Council and are intended to deal with a particular nuisance on land accessible to the public by imposing conditions on its use. The Council istherefore proposing the introductionof a PSPO on the waterways within the city to regulate mooring regardless of land ownership. Three categories of mooring would be introduced:

• 72 hour visitor moorings, no return within 28 days
• Private resident mooring only
• No moorings

The mooring regulation suggested for each site in the city is shown in the attached three Schedules.The regulations are based on:

• The considerationsof landowners, residents and other river users
• Appropriate access from the bank for boat owners
• The desire to provide temporary mooring to leisure boaters visiting the city
• The need to protect areas of unstable and eroding riverbank
• The need to protect fragile and important habitats and historic sites

The Council is writing to you as it believes******* ****** own a number of the sites listed in the attached Schedules and these are highlighted in bold. In some cases ownershipwill be obvious, but in others historic land transactions have blurred ownership as the towpath can often be excluded from the sale of landadjacent to the river. Nevertheless, the current owner of the land adjacent to the towpath is likely to hold the best claim to riparian ownership.

Further details regarding the enforcement of the PSPO, and conditions of its introduction and duration are attached. It should be noted that the City Council does not necessarily offer to enforce these mooring regulations for other land owners but may delegate powers under the Order to allow them to do so themselves.

As a riparian landowner, is ******* ****** content for this PSPO to be introduced as described in the attached Schedules?Should you wish to discuss this matter further before making a decision please contact us and if necessary a face to face meeting can be arranged. We also welcome your input on refining the Schedules.If we do not hear from you by Friday 13th February 15 it will be assumed ****** ****** has no objections to this proposal.

Yours sincerely

Chris Bell

On behalf of Oxford City Council

Requirements and consideration regarding the introduction of the PSPO

To apply a Protection Order the City Council must be satisfied on reasonable grounds that the activities being carried out are, or are likely to:

• Have had, or likely to have, a detrimental effect on the quality of life of those in the locality;
• Is, or is likely to be, persistent or continuing in nature;
• Is, or is likely to be, unreasonable; and
• Justifies the restrictions imposed.

Before any PSPO can be introduced consultation must be undertaken with all appropriate stakeholders. It must also be publicised in the local media and council website. Once consultation is complete and agreement given, the draft PSPO must be published in accordance with regulations stipulated by the Secretary of state. To enforce the Order signage must be erected, along with markers delineating boundaries to inform river users that the Order is place and what the regulations are for each site.

There are a number of live-ins/long standing mooring in some areas which would be covered by the proposed PSPO. All moored vessels that fall within the PSPO area would be given appropriate advance warning to allow them the opportunity to find alternative mooring. However, it is envisaged that there would be opposition from the boaters in some of these areas who may well try to appeal the order.

Enforcing the PSPO

A PSPO can be enforced by a Police Officer, Police Community Support Officers and Council Officers.It is important to state that Oxford City council does not necessarily offer to enforce the mooring regulations on behalf of other land owners but may delegate powers under the Order to allow them to enforce it themselves.

Breach of a PSPO

It is an offence for a person, without reasonable excuse, to:

• Do anything that the person is prohibited from doing by a PSPO;
• Or fail to comply with a requirement to which the person is subject under a PSPO

The enforcing officer could decide that a Fixed Penalty Notice (FPN - £100) would be the most appropriate sanction. Payment of a FPN would discharge any liability to conviction of the offence. Where the FPN is not paid within the required timescale court proceedings can be initiated whereby the prosecution would be for the offence of failing to comply with the PSPO.

A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale (currently £1000.)

Duration of the PSPO

Where a PSPO has been agreed, the maximum duration of the Order is 3 years. Once in place, the terms of the PSPO can be varied at any time.

Appeal Process

Anyone who lives in, or regularly works in or visits the area can appeal a PSPO in the High Court within six weeks of issue. Further appeal is available each time the PSPO is varied by Oxford City Council.

Schedule 1: Sites designated as temporary visitor mooring (72 hours)

location and watercourse / map / Reason for 72 hour mooring status
North Oxford and Jericho
East bank of Thames from Western bypass to Godstow Road (at junction with bridge next to the Trout Public House). / 1 / The owners of this land,Oxford Preservation Trust to consider how they wish this area to be regulated. Could be suitable for 72
mooring (?).
West bank of Thames from Western bypass to Godstow Road (at junction with bridge next to the Trout Public House). / 1 / The owners of this land, Christ Church College, to consider how they wish this area to be regulated. The site may be suitable for 72 mooring (?).
West bank of Thames from Godstow Rd to Godstow Lock. This section incorporates the site of Godstow Nunnery. / 1 / The owners of this land, Christ Church College, to consider how they wish this area to be regulated. The site may be suitable for 72 mooring (?).
East bank of Thames along Fiddler’s and Sidelings Islands (from southern end of Port Meadow to humpback footbridge leading to Abbey Rd). / 2 / No facilities, so suitable only for temporary visitor mooring.
West Oxford And City Centre
East bank of Thames behind southern section of Abbey Rd leading up to Botley Rd bridge (behind the old Avis building) / 2 / The site may be suitable for 72 mooring (?).
Consultation needed with residents and Councillors.
South bank of Thames bordering Grandpont Nature Reserve (from railway bridge to western boundary of Pembroke College Geoffery Arthur building). / 3 / Some sections suitable for 72 hour mooring.
South Oxford
West bank of Thames from Folly Bridge down to Hertford College boat house. / 3+4 / This section close to the city centre is ideal for temporary visitor mooring. Owned by various colleges who would need to confirm the agreement for this.
West bank of Thames bordering Long Bridges Nature Park (from hump-back footbridges to Donnington Bridge). This includes the two small concrete mooring platforms, between and immediately to south of the two humpbacked footbridges. / 4 / Site suitable for temporary visitor mooring.
West bank of Thames bordering Iffley Meadow south of Iffley lock to road bridge. / 4 / Site suitable for temporary visitor mooring.
West bank of Thames from Donnington Bridge to Isis Public House. / 4 / Site suitable for temporary visitor mooring.

Schedule 2: Sites designated as private residential mooring only

location and watercourse / map / resident/Owner
North Oxford and Jericho
Port Meadow Marina / 2 / Regulated by Oxford City Council
West bank of Castle Mill Stream along the rear of the properties on Rewley Rd. / 2 / Regulated by Rewley Park Management Company
SOUTH OXFORD
Small section of concrete embankment outside Long Bridges House on west bank of Thames. / 4 / Resident of Long Bridges House
Small section of concrete embankment outside Isis Cottage next to Isis public house on west bank of Thames. / 4 / Owned by Brookes University
Section of riverbank outside the Isis public house on west bank of Thames just north of Iffley lock. / 4 / Regulated by owner of Isis Tavern
West bank of Weirs Mill Stream from point level with Canning Crescent (bottom of Abingdon Rd) down to bypass. / 4 / Regulated by lease holder.

Schedule 3: Sites designated as no mooring

location and watercourse / map / Reasons for No mooring status
North Oxford and Jericho
East bank of Thames along the edge of Port Meadow (excluding the Marina). / 1 + 2 / The meadow is a Scheduled Ancient Monument and a SSSI considered to be of national importance. It also has an eroding and unstable bank.
Farmland on west bank of Thames opposite Port Meadow. Includes the section of towpath adjacent to Binsey Village, which is owned by Christ Church College. / 1 + 2 / There is rarely mooring along this bank other than the section alongside Binsey village because of access.
West bank of Thames along frontage of Medley Sailing Club and Bossom’s boat yard. / 2 / Mooring here would block access to the river by the users of the club and boat yard.
Farmland on west bank of Thames opposite Fiddler’s and Sidelings islands. Includes Medley Manor Farm. / 2 / The bank here is unstable and eroding. There is rarely mooring along this section due to access issues.
North bank of the Sheepwash Channel/Rewley Stream which runs from southern tip of Sidelings Island (opposite northern end of Abbey Rd), under the Railway bridge and joins the Castle Mill Stream in Jericho. / 2 / Boats moored across the entrance to the small channel which runs into the Sheepwash Channel behind Turbo Teds Nursery could affect the flow of water leading to flooding and boats moored close to or under the bridge cause physical and visual obstruction to other boats.
East bank of Thames directly behind the back of the properties on Abbey Rd. / 2 / This section lies only 10m from windows of the properties at the back of Abbey Rd, and mooring here would cause noise and smoke pollution and privacy issues.
Small concrete embankment at the northern end of Abbey Rd on the Sheepwash Channel/Rewley Stream. / 2 / This platform lies directly under the window of the property at the end of Abbey Rd, and mooring here would cause noise, smoke pollution and privacy issues.
West bank of Thames along Botley Road allotments (area opposite rear of properties on Abbey Road). / 2 / Area of working allotments with no access from bank.
Section of Bulstake Stream running at back of Botley Rd allotments to Tumbling Bay (Botley Park). / 2 / There is a chain across the western end blocking access to this stretch.
East bank of Castle Mill Stream from southern end of William Lucy Way up to Hythe Bridge Street. / 2 / There are no facilities for live-ins and access from the bank is poor. CaRT are in the process of beginning to enforce this section.
West bank of Castle Mill Stream from southern end of William Lucy Way up to north end of Rewley Rd. / 2 / Access from this side lead onto railway track.
West bank of Castle Mill Stream from junction of Sheepwash Channel/Rewley Stream up to Hythe Bridge Street. / 2 / This stretch lies directly adjacent to properties and access from the bank is poor.
location and watercourse / map / Reason for no mooring status
West Oxford And City Centre
Small section of Thames embankment at frontage of Arthur Street in Osney (close to Botley Rd). / 2 / No access from bank and directly adjacent to properties.
Section of Thames embankment immediately south of Arthur Street, extending down to Osney Marina. / 2 / No access from bank.
North bank of Thames from railway bridge to western edge of Oxpens Meadow. / 3 / Narrow towpath with unstable and eroding bank.
North bank of Thames bordering the southern end of Oxpens Meadow. / 3 / The site has an unstable and eroding bank. There is no towpath here.
West bank of Castle Mill Stream along east edge of Oxpens Meadow. / 3 / The site has an unstable and eroding bank and waterway is too shallow for safe navigation.
East bank of Castle Mill Stream opposite Oxpens recreation ground (adjacent to Trinity Street/Dale Close). / 3 / Directly adjacent to properties and water too shallow for safe navigation.
North bank of Thames along Friar’s Wharf (adjacent to play area and bin compound). / 3 / Bank unsuitable for mooring.
North bank of Thames from Friar’s Wharf to Folly Bridge. / 3 / Mooring rarely occurs as it is not suitable mainly due to access issues.
South bank of Thames adjacent to Pembroke College/Geoffrey Arthur building and extending to Folly Bridge. / 3 / Boats would be only 6m from the windows of the college and properties on Baltic Wharf and Jubilee Terrace. Mooring here would therefore cause noise, smoke pollution and privacy issues.
SOUTH OXFORD (sites on east bank or to east of Thames)
East bank of Thames bordering Christ Church Meadow. / 3+4 / Christ Church Meadow is a site of historic importance and a visitor attraction.
East bank of Thames along the frontage of the various University boat houses on the island immediately south of Christ Church Meadow. / 3 / Mooring here would block access to the various boat house slip ways.
Is the actual land (as opposed to the various boat houses) owned by Christ Church or the University?
Southbank of the River Cherwell which runs NE from the Thames and forms the northern boundary of Aston’s Eyot. / 3 / There has been a history of antisocial behaviour associated with live-in boaters mooring at Aston’s Eyot. This site is an important urban habitat for wildlife.
East bank of Thames bordering Aston’s Eyot. / 3 + 4 / As above
East bank of Thames bordering the Kidneys/Iffley Island (except for lower lying tongue of land at southern end). / 4 / Nature area with fragile and eroding bank.
location and watercourse / map / Reason for no mooring status
SOUTH OXFORD (sites on east bank or to east of Thames)
Thames bank along small lower-lying tongue of land at southern tip of Kidneys/Iffley Island and further section on opposite side of tributary along frontage of Sea Scout Centre. / 4 / Oxford Preservation Trust owned nature area with fragile and eroding bank and slipway providing access to river by users of Sea Scout centre.
East bank of Thames bordering the grounds of the Falcon Rowing Club and Sea Scout centre (Donnington Riverside), under Donnington Bridge and bordering Oxford Rowing Club. / 4 / Access point to river for rowing clubs and schools. Boats moored adjacent to slipways would also obstruct view of on-coming crafts causing a hazard boats launching from the slipways.
East bank of Thames immediately south of Salter’s boat yard, bordering Meadow Lane nature Reserve. / 4 / Nature area with eroding and unstable bank.
East bank of Thames from southern edge of Meadow Lane Nature Reserve to Iffley lock. / 4 / University owned land providing an important habitat. Mooring rarely occurs due to access issues.
East bank of Thames from Iffley Lock to Rivermead. / 4 / Mooring rarely occurs due to access issues.
East bank of Thames bordering Rivermead Nature Reserve in Rose Hill up to bypass bridge. / 4 / Nature area with eroding and unstable bank.
SOUTH OXFORD (sites on west bank or west of Thames)
Long Bridges nature area (the Island).Section of Weirs Mill Stream. / 4 / The site has a fragile and eroding bank and the waterway is too shallow for safe navigation. This is also a wildlife area.
Small section of west bank of Thames outside Brookes University boat house, just north of Iffley lock. / 4 / Landing stage and slip way which provides access to river for users of boat house.
Landing stage outside Hertford College boat house. / 4 / Mooring here would obviously block access to the users of the boat house.
Small section of west bank of Thames outside Brookes University boat house, just north of Iffley lock. / 4 / Landing stage and slip way which provides access to river for users of boat house.
East bank of Weirs Mill Stream on west edge of Iffley Meadow Nature Reserve (from Donnington Bridge extended south to bypass). / 4 / One of the city’s most important and unique wildflower habitats. The site has an unstable bank and mooring and access would disturb this fragile habitat. The site is owned by OCC but managed by BBWOT. However, the northern quarter of the towpath is privately owned.