Search found 205 matches

by Keith Day
Wed Nov 15, 2017 11:39 pm
Forum: Whitewater and Touring
Topic: Denied access River lea 2017
Replies: 19
Views: 2110

Re: Denied access River lea 2017

.......Canoes where not permitted to be used on this section of water as there where no locks I expect he's forgotten about the lock (Powder Mill Lock) between Powder Mill Cut and Horsemill Stream. http://www.leeandstort.co.uk/images/Dean%2011%20Waltham%20C.jpg See also http://www.leeandstort.co.uk...
by Keith Day
Tue Nov 14, 2017 10:32 pm
Forum: Whitewater and Touring
Topic: Denied access River lea 2017
Replies: 19
Views: 2110

Re: Denied access River lea 2017

http://www.leeandstort.co.uk/Fairclough/THE%20NAVIGATION%20OF%20THE%20RIVER%20LEE.pdf demonstrates that the river Lea/Lee was navigable and navigated long before the construction of the canal sections that forms much of the "Navigation" and hundreds of years before pound locks first appeared. There ...
by Keith Day
Sat Sep 09, 2017 3:04 pm
Forum: Whitewater and Touring
Topic: British Canoeing - Trespass Policy
Replies: 41
Views: 4173

Re: British Canoeing - Trespass Policy

Another variation! An angler stands, casts and catches a fish on his/her side of the river but the fish, in it's attempts to free itself, swims to the opposite side. Has an offence been committed and if so was it by the angler or the fish?
by Keith Day
Fri Sep 08, 2017 4:25 pm
Forum: Whitewater and Touring
Topic: Proposed New Access Legislation in Wales
Replies: 2
Views: 591

Proposed New Access Legislation in Wales

I know there are many forum members who don't engage on Access issues because they are irritated by constant discussion on an issue that seems to go in circles without any substantive progress so I thought it worth a brief post to alert you to the prospect of very meaningful change in Wales. The Wel...
by Keith Day
Wed Nov 16, 2016 10:55 pm
Forum: Whitewater and Touring
Topic: Canoe Wales Statement Regarding Accusation of Trespass on the River Dee
Replies: 13
Views: 1669

Re: Canoe Wales Statement Regarding Accusation of Trespass on the River Dee

So would many others. If needed, I'm sure it will happen.
by Keith Day
Wed Nov 16, 2016 8:13 pm
Forum: Whitewater and Touring
Topic: Canoe Wales Statement Regarding Accusation of Trespass on the River Dee
Replies: 13
Views: 1669

Canoe Wales Statement Regarding Accusation of Trespass on the River Dee

Earlier today Canoe Wales issued a very clear and comprehensive statement regarding the recent accusation of trespass on the River Dee.

The full text can be found here. http://www.riveraccessforall.co.uk/docs ... espass.pdf

I like it!
by Keith Day
Wed Nov 16, 2016 10:44 am
Forum: Whitewater and Touring
Topic: Defra again contradict the AT claim that the law is clear
Replies: 0
Views: 418

Defra again contradict the AT claim that the law is clear

3 years ago the Angling Trust got very upset when Defra contradicted their view that the law concerning public navigation rights on unregulated rivers is clear in requiring riparian landowner (or those that hold the fishing rights) consent. Fish Legal made a formal complaint and the AT claimed succe...
by Keith Day
Thu Jul 28, 2016 9:21 am
Forum: Whitewater and Touring
Topic: Have your say - On Access to rivers!
Replies: 3
Views: 537

Re: Have your say - On Access to rivers!

Navigation on rivers IS a right - The evidence (http://www.riveraccessforall.co.uk/docs ... idence.pdf) says so! Is asking the government to give you something you already have really a good idea?
by Keith Day
Mon May 09, 2016 2:19 pm
Forum: Whitewater and Touring
Topic: National Trust Activity Licence scheme
Replies: 7
Views: 1160

Re: National Trust Activity Licence scheme

I see this as a very black and white situation. There are rights attached to the ownership of land but all of these are over-ridden by any public rights of access. So in the same way that no landowner can put up toll gates on a public highway, bridleway or footpath over land that he/she owns, no lan...
by Keith Day
Wed Mar 30, 2016 10:49 pm
Forum: Whitewater and Touring
Topic: Calls for legislation to restrict access to inland water in Wales
Replies: 8
Views: 1223

Re: Calls for legislation to restrict access to inland water in Wales

From page 5,

"Of the 146 who gave their view on whether there should be greater access opportunities for more activities on and near inland waters 88 (60%) were in favour. In addition to these ten respondents were of the view that there are currently no legal impediments to navigation."
by Keith Day
Fri Mar 11, 2016 12:01 am
Forum: Whitewater and Touring
Topic: Petition to make waterways right of way.
Replies: 40
Views: 2229

Re: Petition to make waterways right of way.

The question of ownership of the beds and banks of rivers is entirely irrelevant. The existence of a public right to navigate overrides any rights arising from ownership in the same way as they do with highways and other rights of way on land. For the sake of total clarity, I have (months ago) signe...
by Keith Day
Sat Mar 05, 2016 11:33 am
Forum: Whitewater and Touring
Topic: Petition to make waterways right of way.
Replies: 40
Views: 2229

Re: Petition to make waterways right of way.

There is a lot of very compelling evidence that there is and always has been a public right of navigation on all rivers capable of navigation. The evidence is so compelling that it has never been challenged in court. That also means that no modern court has ruled on the existence of the public right...
by Keith Day
Wed Jun 03, 2015 4:21 pm
Forum: Whitewater and Touring
Topic: Therapeutic paddling
Replies: 16
Views: 1784

Re: Therapeutic paddling

The map I linked to above (http://access.canoedaysout.com/map) shows the Neath and Tennant canals as having undisputed access, and when you click them you read, "This is still a navigation and a restoration programme to restore the whole canal is underway." But reading SOTP it looks as though there...
by Keith Day
Sat Feb 07, 2015 9:29 pm
Forum: Whitewater and Touring
Topic: Remember Clause 33 ....... or Forget Magna Carta!
Replies: 2
Views: 1205

Re: Remember Clause 33 ....... or Forget Magna Carta!

I know some paddlers say "been there, done that and wore the tee shirt but it didn't get us anywhere. Now, I'm just going paddling!". Well just paddling is helping to demonstrate the existence of public navigation rights! But how about doing it while wearing the tee shirt - that would be even better...
by Keith Day
Fri Jan 30, 2015 11:14 pm
Forum: Whitewater and Touring
Topic: Remember Clause 33 ....... or Forget Magna Carta!
Replies: 2
Views: 1205

Remember Clause 33 ....... or Forget Magna Carta!

See the latests News item for details of how RAFA has kicked off its 2015 campaign with even more evidence of Public Navigation Rights . In the build up to the 800th anniversary of Magna Carta the evidence from leading academics and a court case from 1702 are added to the evidence from statutes and ...
by Keith Day
Thu Jan 22, 2015 11:25 pm
Forum: Whitewater and Touring
Topic: Access Rights
Replies: 56
Views: 6424

Re: Access Rights

My original question really is what distinguished a river given a formal "right of navigation" to a river elsewhere and already in daily use as a navigation that did not have that additional legal provision. No one seems to know. The evidence suggests that all rivers capable of navigation were used...
by Keith Day
Wed Dec 03, 2014 3:50 pm
Forum: Whitewater and Touring
Topic: Council Bylaws
Replies: 8
Views: 1495

Re: Council Bylaws

As I understand it By Laws are statutory Instruments which have to have parliamentary approval ..... According to Wikipedia byelaws need approval by relevant government departments - At present, bye-laws are made by the local council or other body, but do not come into force until they have been ap...
by Keith Day
Wed Dec 03, 2014 2:31 pm
Forum: Whitewater and Touring
Topic: Council Bylaws
Replies: 8
Views: 1495

Re: Council Bylaws

In the case Rowland v the EA.Justice Lightman confirmed that public rights of navigation (whether deriving from statute or common law) can only be extinguished by parliament or via powers delegated by parliament. Parliament has not delegated any such powers to local councils therefore they don't hav...
by Keith Day
Mon Oct 20, 2014 2:43 pm
Forum: Whitewater and Touring
Topic: Wye Barbed wire.
Replies: 18
Views: 3046

Re: Wye Barbed wire.

Ken_T wrote:Has this been reported on the access map yet? http://access.canoedaysout.com/input/incident/115. This is useful as paddlers often use it to check for incidents, also it means all these incidents are recorded in one place.
Ken
Yes.I've entered it on the map using an approximate location
by Keith Day
Tue Oct 14, 2014 3:34 pm
Forum: Whitewater and Touring
Topic: Access Rights
Replies: 56
Views: 6424

Re: Access Rights

As for a neutral discussion leader: the neutral position is that there is nothing to discuss that can't be decided in court. So surely what you are talking about is negotiating access outside any legal framework. Access agreements, in other words. Those things that have never worked satisfactorily ...
by Keith Day
Tue Oct 14, 2014 9:30 am
Forum: Whitewater and Touring
Topic: Access Rights
Replies: 56
Views: 6424

Re: Access Rights

I don't think there is any need to negotiate navigation rights - the evidence says we already have them. There are places where we could usefully discuss access to and from the rivers and on some rivers how we can constructively and responsibly share with other river users. It's not hard - all it ta...
by Keith Day
Wed Oct 08, 2014 7:07 pm
Forum: Whitewater and Touring
Topic: "Anglers have arguments with everyone"
Replies: 12
Views: 2219

Re: "Anglers have arguments with everyone"

Interesting to hear anglers arguing that the property rights of the owners are not supreme in his case as they claim they are on rivers despite the fact that there seems to be no claim of common law rights to fish. I'd like to see the stance of the Angling Trust on this. At least part of the emotion...
by Keith Day
Sun Sep 14, 2014 6:55 pm
Forum: Whitewater and Touring
Topic: Countryside file and access issues
Replies: 157
Views: 37946

Re: Countryside file and access issues

stonercanoe wrote:No one should have to put up with that.
Then don't Jason! Take his photo, report incidents to the police (make sure you get a crime number) AND complete incident reports on the Access map every time it happens. The incident report page for the Wye is here.
by Keith Day
Sat Sep 13, 2014 4:19 pm
Forum: Whitewater and Touring
Topic: Countryside file and access issues
Replies: 157
Views: 37946

Re: Countryside file and access issues

But alas the bcu could not be bothered to fight their members cause. The BCU are fighting for their members cause which is presumably why the Angling Trust is threatening legal action to stop them. You can argue that they could do it differently or do more of it, maybe, but they had obviously taken...
by Keith Day
Thu Sep 11, 2014 11:46 pm
Forum: Whitewater and Touring
Topic: the One Show tonight
Replies: 28
Views: 3266

Re: the One Show tonight

Mark Dixon wrote:I think the BCU are right to not comment, ..
They did comment, just not off the cuff on camera. Their comment was read out at the end. Something like "We have tried over many years to establish a working relationship with the Angling Trust so that both sports can be enjoyed and shared by everyone"
by Keith Day
Thu Sep 11, 2014 10:26 pm
Forum: Whitewater and Touring
Topic: the One Show tonight
Replies: 28
Views: 3266

For those that missed the One Show, It's here.

It starts at about 8 mins 30 secs
by Keith Day
Thu Sep 11, 2014 6:33 pm
Forum: Whitewater and Touring
Topic: the One Show tonight
Replies: 28
Views: 3266

the One Show tonight

I understand there may be some river access content on the one show at 7.00 p.m. tonight
by Keith Day
Sun Sep 07, 2014 10:17 pm
Forum: Whitewater and Touring
Topic: The Kayaking is not a crime campaign..
Replies: 71
Views: 5586

Re: The Kayaking is not a crime campaign..

There is a variety of material to support the River Access For All campaign here and here. :)

Image
by Keith Day
Fri Aug 22, 2014 2:38 pm
Forum: Whitewater and Touring
Topic: Angling Trust - More Saber rattling, or serious this time?
Replies: 89
Views: 9390

Re: Angling Trust - More Saber rattling, or serious this tim

Another quote from the article; "The fact is that anglers are anal and canoeists are phallic." He obviously hasn't seen my paddling! I liked In the matter of rights the canoeists have it. In Scotland the Land Reform Act of 2003 gave canoeists rights to be on any river, and in principle that has to ...
by Keith Day
Thu Aug 21, 2014 10:05 am
Forum: Whitewater and Touring
Topic: Angling Trust - More Saber rattling, or serious this time?
Replies: 89
Views: 9390

Re: Angling Trust - More Saber rattling, or serious this tim

Lancs_lad wrote:The police gave the injured paddler the option of pressing charges or making him do a face to face apology so he went for the latter, waste of time and public money to take him to court."
I hope that was an apology and a Police Caution.