Visitor Safety in the Countryside Group

Hi

i am hoping to get advice on the following matter

landowners of a beach in cornwall are due to place restrictions on the use of a beache for a number of popular recreational sports such as kite boarding, horse riding etc. the ban is for health and safety reasons. i understand that some of the people who use the beach have made an application for a compromise where a section of the beach is cordoned off for thier use so as to minimise the risk of injury to the public. i think that this sugestion seems reasonable given that the beach is 3 miles long, however the sugestion has been rejested and the owners are aining for an all out ban during the peak season.

this seems to go against the spirit of what i have read on this web site. does anyone know if landowners of pulic spaces have a duty to reach a reasonable compromise with regards to health and safety as this ban excludes a number of people from enjoying their chosen sports, none of which have a negative effect on the environment. i fear that this is the thin end of the wedge and that the ban may have implications for other users further down the line. the ban states that kite boarders insurance would be invalidated if they were to use he beach during the ban.

Are the landowners, one of which is english nature, allowed to do this and has anyone got any sugestions as to how this matter may be handled.

i would appreciate any advice

Thank you for this query which raises a number of interesting questions with respect to access, ownership, and responsibilities along the coastline.

For example, I wonder if anyone can advise on responsibilities between high and low water?

There is an introduction to the subject here: http://www.nationalbeachsafety.org.uk/advice/operator.htm

It would also be very helpful if you could tell us where exactly this beach is.

Hi
We don’t have too many beaches, but we do have one in Cornwall. As far as I can see we can choose, if we want to, to try to restrict the use of the beach, though enforcing it might be challenging! However, where it works well is to have zones for different uses, and this is the approach the RNLI advocate when doing their version of a beach risk assessment. Occupier Liability Act talks about being safe for the purposes a visitor is invited or permitted to be there, which may suggest an owner can invite or permit people for activities of their choice.

The zoning principles we advocate here should enable the landowner or manager to decide whether or not they feel it is reasonable to have the variety of users. An owner may be concerned that, should an incident with an out of control kite karter lead to a small child being killed, they would have some liability if they hadn’t taken reasonable steps to control what they knew was going on. I am not clear why ownership of a strip of sand might be any different to ownership of a bit of woodland? If they are the same, and its reasonable to prevent unauthorised activity in your woodland, then it may be OK to do the same on a private beach.

Not easy, and I am not sure there is a definitive answer, sorry. Knowledge of what facilities are at the beach, and why the owners are using safety as a reason would be interesting.
Regards
Andy Stokes
RSPB

Thank you, on behalf of Natural England, for raising this question.  As you may be aware English Nature became part of Natural England in 2006.

Being a member of VSCG, Natural England does of course support the Guiding Principles.  So if we are one of the landowners for this beach, we are naturally interested in looking at the specific issue you’ve raised.  It would be a great help to us though if you could provide more details about where the beach is and what restrictions are actually being introduced. We will then let you know what we’ve been able to find out about the situation as soon as we can.

Regards
Paul Weeks

The bit of coast in question is Gwithian beach, located on the north coast of Cornwall near Hayle.

Some new information has come to light since my origional post. As far as I am aware the ban intends to prohibit the use of the beach for particular high risk sports, such as kite boarding and hoarse riding etc, during the peak season. I am not clear whether the ban is intended to be in force 24 hours a day during this period or wether it is intended to be in place during hours of peak use only.  Using the beach for these sports during the ban will invalidate the individuals insurance.

I have tried to establish who owns the beach so that I can get some reliable first hand information and establish what negotiations are underway, if any. However it looks like their are several agencies involved in the ownership and management of the area.

http://www.gwithianbeach.org

I am now able to confirm that Natural England is not one of the Landowners on this beach.  We do, however, advise on three “Sites of Special Scientific Interest” (SSSIs) in this area, including the sand dunes between Gwithian to Mexico Towans.

As I am given to understand, the landowners are now not proposing a ban but a trialling of a zoning restriction between the 12th July and 7th September 2008 when the Lifeguards are operating.  For more information, can I recommend you visit the website giving fuller details of the zoning proposal at http://www.gwithianbeach.org

Regards,

Paul Weeks.
Natural England.