Dad faces two years in prison for mooring his 86ft boat on his own land

Dean Richards pictured successful beforehand of his barge, which is moored connected his ain onshore connected the foreshore (Image: LDRS)

An ex-bank manager is facing a two-year situation stint for mooring his 86ft barge connected onshore that helium owns.

Dean Richards, 43, has a tribunal day with the Marine Management Organisation (MMO), aft the assemblage decided to prosecute him.

He has besides been taken to tribunal by Cornwall Council twice, and is facing ineligible enactment from a disgruntled section nonmigratory successful Point, Cornwall.

Mr Richards says helium has done everything by publication and has not breached immoderate laws. He intends to unrecorded connected the barge with his 8-year-old son.

Dean Richards stood connected his barge (Image: LDRS)

After buying the foreshore successful 2017, helium said helium was told by MMO that helium did not request a marine licence. However, that proposal soon changed.

He told CornwallLive: "The MMO told maine doubly I did not necessitate a marine licence to anchor my barge connected my ain onshore due to the fact that anchoring is an exempt activity. They did a U-turn, moving the extremity posts, and I present look up to 2 years successful situation arsenic they are trying to prosecute me."

He is owed successful tribunal connected October 31 and November 1.

Speaking of Cornwall Council, which helium has beaten successful tribunal twice, helium said: "Cornwall Council got upwind of my plans to moor my barge and decided to walk 2 years and an costly tribunal lawsuit claiming portion of my onshore arsenic good arsenic 3 miles of seabed from the caput of Restronguet Creek to Devoran.

The 86ft barge which is moored astatine Point quay (Image: LDRS)

"They spent truthful overmuch of taxpayers' wealth - they had a truly bully barrister, a onshore registry expert, they hired each these radical to constitute these large reports astir wherefore their papers superseded mine. Luckily I could stroke them retired the h2o arsenic I had everything which pre-dated their documents. I won that case, but each that clip I was paying to support the barge 200 metres distant astatine Penpol boatyard."

Mr Richards was past told helium needed readying support to moor his vessel connected the land.

"I queried this arsenic determination are different vessels, barges included, anchored successful the aforesaid area, immoderate for implicit 20 years. They said if I did not similar it I would request to use for either readying support oregon a lawful improvement certificate to beryllium the enactment was legal. I did the second and, aft a combat and being fobbed off, yet was granted a certificate of lawfulness to moor boats connected the foreshore.

"I moved my barge to my foreshore successful 2022 and they person besides done a U-turn and person served maine with enforcement which I americium presently appealing."

It was astatine this signifier that the MMO became involved. The assemblage initially told him helium didn't request a marine licence to moor his boat, but a twelvemonth aboriginal that proposal was reversed.

"I worked connected a barge for a attraction foundation and knew the procedure, truthful I queried it. They told maine determination was a caller regularisation and I needed a licence to driblet my pin anchors [also known arsenic spudlegs]. I asked them for that caller regularisation and they couldn't supply maine with it. I applied for the licence which is expected to instrumentality 12 weeks and it took 82 weeks to springiness maine a determination and the determination was 'no you can't person a licence' adjacent though each their consultees including Cornwall Council yet approved the barge coming here.

"The Environment Agency, Natural England, the Royal Yachting Association (RYA), Trinity House, Historic England - they each approved it coming here. The AONB (area of outstanding earthy beauty) didn't, successful fairness, but the vessel had already been present for respective years anyway. It was lone a lawsuit of moving it 200 metres from the yard.

"I appealed the determination and it did not spell my way. But since past it turns retired that what they told maine astir a caller regularisation requiring spudlegs to beryllium licensed was a implicit lie. There is nary specified regulation. I present look similar Public Enemy No 1 due to the fact that arsenic acold arsenic everyone is acrophobic I enactment it present illegally without a licence.

"I'm looking astatine 2 years successful situation for this now, due to the fact that it's a transgression offence to transportation retired a marine enactment without a licence. However, their website inactive says I'm exempt erstwhile I spell connected to bash a marine licence check."

The MMO said it can't remark connected ongoing ineligible proceedings.

A spokesperson for Cornwall Council said: "Planning decisions are made connected the merits of each case, arsenic a substance of information and degree. Decisions whitethorn so alteration if the facts of the improvement undertaken differ. There is simply a close of appeal, which successful this lawsuit has been exercised, and the Planning Inspector volition see the facts of the lawsuit independently of some parties earlier making a decision."