25 March 2025 - Unauthorised mooring PSPO update
Further to the court’s decision, the council is conducting a third consultation on the proposed Public Spaces Protection Order (PSPO) for unauthorised mooring. Residents, river users, and stakeholders are asked to send their views and comments by Sunday 25 May.
Following the making of the PSPO agreed by Elmbridge Cabinet on 7 February 2024, the council received a legal challenge within the time limits. The council attended a court hearing to defend the PSPO in November 2024, following service of evidence, in the support of its defence to the claim.
While doing so, the council voluntarily suspended the operation of the PSPO until the conclusion of the legal challenge.
Following the legal challenge, the court confirmed in February 2025 that it has upheld the claim to quash the PSPO. The council was unsuccessful only on the narrow basis that the drafting of the PSPO Order was not sufficiently clear that the PSPO restriction will not be enforced where there are stream warnings for certain areas upstream, even though the Environmental Enforcement Policy clarified that it would not be.
This means the PSPO cannot be enacted in its current form. However, the judge found in favour of the council on all remaining 14 grounds. This included findings that the wording of the PSPO was otherwise sufficiently clear, the PSPO was rational and fair, the council undertook a fair consultation, and that the council had complied with its duty to make a fair Equality Impact Assessment.
Further consultation
To be transparent and ensure that due process for making such an order is met, we are now carrying out a further phase of consultation with an amended Draft Order, an updated Environmental Enforcement Policy particularly clarifying when enforcement would be undertaken if the river was under stream warnings and an updated Equality Impact Assessment.
The updated documents are as follows:
We would welcome views and comments from residents, users of the river, or stakeholder groups on these documents, and how the council envisages such a PSPO could be implemented (if agreed).
Please send your comments as well as indicating whether you do / do not support the proposed PSPO to consult@elmbridge.gov.uk by Sunday 25 May.
Next steps
All comments from the phase 3 consultation will be considered by the Strategic Director in consultation with the Portfolio Holder for Leisure, Culture and Commercial Strategy.
Subject to being satisfied on reasonable grounds that the statutory conditions for making such orders are met, they will consider making the Elmbridge Borough Council Unauthorised Mooring Public Spaces Protection Order. If agreed, signage advertising the PSPOs will be made available on the Council’s website and signage will be placed on the land affected in such a manner as to bring the order to the notice of persons using the restricted land.
Find more information and background.
22 February - Unauthorised Mooring PSPO update
A PSPO against unauthorised mooring has now been approved at the following sites:
- Ditton Reach
- Albany Reach
- Cigarette Island
- Cowey Sale
- Hurst Park
- Parrs mooring (Surrey County Council’s land adjacent to Hampton Court bridge).
Within the Public Right of Navigation, boat owners have the right to stop on land for a reasonable period, subject to consent of the landowners. This PSPO restricts mooring on Elmbridge owned land up to 24 hours with no return within 72 hours.
It will give us powers to protect our residents and riverside sites from the detrimental effects of unauthorised mooring. Any breach of the PSPO would then follow the Environmental Enforcement Policy and, in most instances, would result in the issue of a £100 Fixed Penalty Notice, in lieu of prosecution.
At present, the River Thames conditions (red/yellow boards) are as such that it would not be safe to commence enforcement. Enforcement of the PSPO will commence once river conditions allow.
An extensive 2-stage consultation was carried out in 2023 to gather the views of residents and the boating community about the PSPO. In phase 1, we received 766 responses and 89% of respondents supported the introduction of the PSPO.
The second phase of the consultation sought to address the aspects which required further clarity and ensure that the statutory conditions for making the order were transparent and met. It also explained how we would implement and enforce the PSPO.
In phase 2, we received 256 responses and 83% supported the introduction of the PSPO.
Comments sent as part of phases 1 and 2 explained how riverside residents and visitors were affected by the on-going anti-social behaviour, noise and littering from unauthorised moorings and how they were prevented from enjoying and using the riverbank. The boating community also expressed their views to defend their way of life and public right to navigate.
Based on the responses from the consultation, the decision was made to introduce the PSPO to protect our residents and the above riverside. It will ensure Embridge remains an enjoyable place to live and visit, where residents can fully access and make the most of the riverside.
Further information on our dedicated PSPO webpage.
Update 8 February
Elmbridge Cabinet agreed the proposal for the PSPO to protect our rivers
30 January: A proposed PSPO to protect our rivers
Our open spaces are incredibly valuable to our residents, visitors and to Elmbridge Borough Council. In recent years these spaces have become even more popular with a wide range of users, especially our riverside sites. As custodians of all our open spaces, we are responsible for protecting our land for all.
We have already taken steps to address resident concerns about littering, fly tipping and dog fouling. We have installed new bins in our towns and high streets, enforcement patrols have increased, we are supporting the borough’s dedicated litter picking groups and we launched a Keep Elmbridge Tidy campaign last year (which will be back in 2024).
Additionally, we have introduced, in consultation with residents and community partners, two new Public Spaces Protection Orders (PSPOs) in the summer of 2023 to tackle the risk of naked flames and anti-social behaviour arising from overnight fishing on our open spaces.
Responding to the challenge of unauthorised moorings
Unauthorised mooring is where boats are moored without permission on Elmbridge owned land for more than 24 hours. These boats are very difficult to move on and unauthorised mooring continues to be a challenge in Elmbridge.
Following extensive community consultation, 766 consultation responses were received during phase one of this process and a further 256 responses to phase two of the consultation. On 7 February Elmbridge Cabinet is being asked to approve the introduction of an unauthorised mooring PSPO to provide us with powers to protect our rivers and community life from the detrimental impact of unauthorised mooring.
We have heard how the lives of our residents are blighted by this situation, they have witnessed anti-social behaviour from noise and littering, land-grabbing of riverside space and they have been prevented from using the riverbank.
Contrary views have also expressed concerned that boaters should not be criminalised for exercising their public right to navigate, including mooring.
While are acting to protect our residents through this proposed PSPO, will need the support and assistance of the Environment Agency to implement and to address the wider issue of unauthorised mooring on the remainder of the riverbank. Working with local groups and acting on behalf of our residents, we will continue to press the Environment Agency for a longer-term and comprehensive solution to unauthorised mooring in the borough.
What is a Public Space Protection Order?
PSPOs can impose restrictions and requirements that are aimed at behaviours that are considered to be having or likely to have a detrimental effect on the quality of life of those in the locality. Such behaviour has to be persistent or continuing in nature and be unreasonable.
PSPOs can impose blanket restrictions or requirements or can be targeted against certain behaviours by certain groups at certain times. They can restrict access to public spaces where that route is being used to commit anti-social behaviour.
We, as a local council, are responsible for issuing a PSPO and the restrictions or requirements can be enforced by a police officer, a council officer or an enforcement agency working on our behalf.
Proposed Unauthorised Mooring PSPO locations in Elmbridge
The proposed Unauthorised Mooring PSPO would apply to:
- Ditton Reach
- Albany Reach
- Cigarette Island
- Cowey Sale
- Hurst Park
- Surrey County Council’s land adjacent to Hampton Court bridge (Parrs mooring).
We are determined to ensure that Elmbridge is great place to live and to visit. Enjoyment of the rivers and riverside is key to that. Through this proposed PSPO we are acting to protect our residents and the rivers in Elmbridge.
Cllr Simon Waugh
Deputy Leader, Portfolio Holder for Leisure, Culture and Commercial Strategy