Q: Can you confirm that the council is in a position to enforce the unauthorised mooring PSPO?
A: Yes, we can now enforce the Unauthorised Mooring PSPO under the Anti-social Behaviour, Crime and Policing Act 2014, which allows local authorities to address anti-social behaviour in public spaces. The PSPO will apply to Elmbridge Borough Council and Surrey County Council -owned land as defined below.
Q: Which areas of council-owned land does this PSPO apply to? Will this resolve all of the issues along the River Thames?
A: The PSPO will only apply to the Council owned land at Cigarette Island, Hurst Park (part only), Albany Reach and Ditton Reach and the land owned by Surrey County Council adjacent to Hampton Court Bridge. View location maps.
Q: Why is the PSPO not applicable to other areas including the Environment Agency land?
A: The EA were invited to participate in the PSPO considered but felt that they already had sufficient powers to manage moorings. The Council has proceeded with the PSPO to effectively manage Council owned land.
Q: When will the PSPO be introduced?
A: Site signage will be erected during the week of 16 June 2025. At which time our Enforcement Officers will begin to visit the boats to provide education, information and advice ahead of the formal enforcement. Enforcement will begin from 23 June 2025. At which time fixed penalties will be issued where appropriate. Removal of any sunken and abandoned boats at the same sites will be undertaken the same week.
Q: Who will be responsible for enforcing the PSPO, and how will it be enforced?
A: Enforcement of the PSPO will involve the Council’s Enforcement Team issuing Fixed Penalty Notices of £100, which is reduced to £65 if paid within 14 days, to individuals found in breach of the order. Failure to pay or repeat offenders may lead to prosecution and a court appearance. Upon conviction, a person will be liable to a fine of up to £1,000 and legal costs.
Q: The previous PSPO for unauthorised mooring was quashed by the court. How can we ensure this does not happen again?
A: The earlier PSPO was quashed on the sole ground that the PSPO should have included an exception for flood warnings (issued by the Environment Agency) up- as well as down-stream. In response, the new PSPO has been carefully revised with legal advice to address these issues.
Q: Considering the consultation was conducted in three phases, how can we be confident that no further consultation will be necessary?
A: During all three stages of the consultation, we followed the statutory guidance for the introduction of a PSPO, engaging with residents, boaters, and community groups to ensure all voices were heard as well as specialist legal advice.
Q: Following the issues raised by people living on the river, how will the PSPO affect boaters and travelling communities like the Bargee Travellers?
A: The PSPO has been developed in alignment with an Equality Impact Assessment to consider the needs and rights of all individuals.
While we continue to recognise and respect the needs of boating communities residing on the river, our aim is to ensure that riverside areas can be enjoyed by both residents and visitors, with a fair and responsible use of shared public spaces.
Q: How will the needs of individuals who live aboard their boats- particularly those with work, childcare, and schooling responsibilities be taken into account?
A: We recognise that some individuals and families live aboard their boats as their primary residence, and that this lifestyle is closely tied to responsibilities such as employment, childcare, and schooling. There are existing designated areas for longer-term mooring that provide greater stability for boaters. These areas can support those who require access to local services, schools, and workplaces.
Q: Will enforcement of the PSPO conflict with the lifestyle of the boating community?
A: Enforcement will be approached with care and in line with the council’s Enforcement Policy and Equality Impact Assessment. This seeks to ensures that actions taken are fair, proportionate, and justified in any given instance.
Q: What about leisure boaters who wish to stay longer than 24 hours in scenic or convenient locations?
A: We recognise that leisure boating is a valued and enjoyable way to explore our waterways, and we are committed to ensuring that everyone can continue to enjoy the river responsibly. The PSPO is designed to balance the needs of all river users. It aims to ensure fair access to mooring spaces for all boaters, while also preventing long-term unauthorised mooring that can lead to overcrowding, environmental impact, and anti-social behaviour.
Q: Are there any provisions in the PSPO for boaters who need to stay beyond 24 hours due to engine problems or other emergencies?
The PSPO allow exceptions where a boater can demonstrate a reasonable excuse for exceeding the 24 hour mooring limit. This could include mechanical failure, adverse weather conditions and medical emergencies. However, the issue will need to be documented, and we should be notified as soon as possible. We will expect the boater to move on promptly once the issue is resolved. It is important to note that the interpretation of “reasonable excuse” may vary and could ultimately be determined by a court if challenged.
Q: Is there any support available for vulnerable individuals who risk homelessness or might be displaced by the PSPO?
A: The introduction of the PSPO is not intended to make any boater homeless, simply not to moor on the identified sites for longer than 24 hours. In cases where there are concerns, the council offers support from housing and social services for those affected and these services will be signposted as part of any enforcement action.
Q: Will there be designated areas for longer-term mooring to accommodate bargee travellers and boaters?
A: Yes, designated areas have been identified for longer-term mooring. The locations can be found here.
Q: How will the council ensure enforcement is fair and not discriminatory?
A: Officers undergo regular training and follow clear guidelines to ensure that enforcement is reasonable, proportionate and justified. This is detailed within the Council’s Environmental Enforcement Policy.
Q: How will the PSPO help reduce litter, noise, and anti-social behaviour?
A: By limiting long-term mooring at certain sites which do not have the infrastructure to support such moorings, the PSPO will help minimise litter, noise from engines, generators, and social gatherings, particularly during evenings and overnight. This will also free up the riverbank for other leisure users and other users of the river to benefit from 24 hour mooring.
Regular patrols by enforcement officers, along with the potential for Fixed Penalty Notices (FPNs), and court action for non-payment of FPNs, will act as a deterrent to anti-social behaviour. We also encourage residents and visitors to report any such incidents so that we can investigate and take further preventative action where needed.
Q: Will the PSPO improve access and enjoyment of riverside spaces for the wider community?
A: The PSPO aims to enhance access and enjoyment of the identified sites by ensuring fair shared use and reducing obstructions. It will help ensure that riverside paths and parks remain accessible, clean, and safe for all users, including families, walkers, and cyclists.
Q: Are there plans to put up site signage to support the PSPO?
A: Yes, areas covered by the PSPO for unauthorised mooring will be signposted very clearly.
Q: what about the wider issue of moorings on the sites not covered by the PSPO?
A: The Council continues to lobby the Environment Agency (EA) and DEFRA to suitably fund the EA to proactively manage the riverbank that they are responsible for, which is the large majority of the bank in Elmbridge. This would include registration of boats, removal of sunk and abandoned vessels, legal enforcement and removal of overstaying boats and removal of litter and fly tips from the riverbank, including areas that have been fenced off for ‘private use’.
Q: what about the removal of the sunken boats, fly tips and storage on the river bank?
A: As part of the enforcement of the new PSPO, the Council has allocated funding to remove the sunken and abandoned boats at the identified PSPO sites. Once the sunken and overstaying boats have been cleared, a further clear up operation will be undertaken along the same riverbank. The Council continues to lobby the EA to take similar action to clear the riverbank that it owns and manages.
If you have any further questions or need more details, please don’t hesitate to contact the Green Spaces team.