A boater is bringing a legal challenge to the Elmbridge Borough Council Public Space Protection Order (PSPO) that prohibits mooring on the Council’s land on the River Thames for more than 24 hours. The Order initially came into force in March 2024. As the result of this legal challenge, Elmbridge Council has suspended the PSPO. This means that no fines under the PSPO will be levied on boats mooring for longer than 24 hours until and unless the court case is decided in the Council’s favour. A message on the Council’s web site rather disingenuously states:
“Following the making of the PSPO, the council has received a legal challenge within the time limits. The council is now preparing for a court hearing to defend the PSPO in November 2024, following service of evidence in the support of the claim. While doing so, the council voluntarily suspends the operation of the PSPO until the conclusion of this legal challenge.”
Any person affected by a PSPO can make an appeal in the High Court against it under Section 66 of the Anti-social behaviour, Crime and Policing Act 2014 within six weeks of the Order being made. The court hearing will take place on November 20th and 21st 2024.
See also https://bargee-traveller.org.uk/stop-elmbridge-council-on-ban-boats/
