In his recently issued decision on a Planning Inquiry heard in December 2006, the planning inspector supported BW’s case concluding that long term moorings for leisure boats on the banks of the Kennet & Avon Canal do not require planning consent.

The decision by the planning inspector quashed the Enforcement Notice and provides a robust statement about the planning status of bankside canal leisure moorings.

‘This is a landmark case for Britain’s canals and brings welcome clarity to this important area of planning law,’ said Nigel Johnson, BW’s legal director. ‘A decision against boating in this instance would have been a decision detrimental to the prosperity of the nation’s waterways.’

The Enforcement Notice by Kennet District Council against a small number of leisure moorings on the Kennet & Avon Canal regarded them as ‘development’ requiring planning permission. However, in contrast to residential boats used as a primary residence, the planning inspector ruled that moorings for leisure boats are incidental to the primary use of the canal and therefore do not require planning permission.

The inspector likened long term leisure moorings as no more of a change of use on the canal as cars parked on a road outside dwellings.

‘Many boat owners have “on-line” moorings on the banks of the waterways themselves and in making his decision, the planning inspector considered the historic use of the waterways and recognised that such moorings have always been incidental to canals.’

Had the enforcement notice been upheld, Johnson added, it would have been a real and serious threat to the current success of the waterways and it could have cost BW in excess of £1million to regularise the planning status of all other online moorings.

There was also the risk that some may not have been granted consent.

In overturning the enforcement notice the planning inspector also made a full costs award in BW’s favour.