Windermere Byelaws Consultation

During summer 2008, there was an informal public consultation on proposed changes to the byelaws during summer 2008. The formal process of advertisement then began. The proposed amended Windermere navigation and registration byelaws were advertised for public inspection and comment during November 2008. This was done in accordance with the statutory procedures described by the government - the Department for the Environment, Food and Rural Affairs (Defra) in this case.

Public objections, comments and submissions

Defra received 156 individual submissions regarding the byelaw changes. In simple terms these fall into five categories. The first five general categories by topic can be defined as objections:

1. Single registration scheme

Regarding removal of the option to register a boat using the Small Ships Register, and to move to a single Windermere Registration Scheme administered by the National Park Authority. There were three submissions which had a key concern that this would allow the Authority to generate increased general income.

2. Use of knots instead of miles per hour

Changes were proposed to clarify the use of knots rather than statute miles per hour. Over half the submissions oppose the proposed clarification of the unit of measurement applied in relation to 10 miles per hour. They argue the Authority’s decision to promote a 10mph byelaw in 1992 intended the measure to be similar to that operating on Ullswater, Derwent Water and Coniston; that is - statute miles.

3. Exemptions to the speed limit

A third of the comments received oppose the proposed byelaw relating to potential exemptions that would allow speeds in excess of 10 nautical miles per hour. People state that current byelaws are effective in confining speeds in excess of 10nmph. And that any relaxation would create confusion among lake users. They also stated that they believed the Authority’s resolve was weakening in preserving tranquillity and user safety.

4. General opposition to the principle of a blanket speed limit

54 submissions oppose the principle of a blanket speed limit and requested that a managed solution be applied to allow vessels to travel in excess of the 10nmph limit.

This is a high number of comments given the fact that the consultation only covered registration and navigation byelaws, and that the speed limit was not part of the consultation process. These objections should have no bearing in the determination of the proposed amendments.

And the fifth category was a small number of submissions that supported the proposals to change the byelaws as presented for consultation.

Next steps

Defra now have to respond to the individual submissions through:

The National Park Authority provide Defra with draft individual responses to each submission explaining its position and view, in relation to the issues/objections stated.
Defra write to each individual who submitted a response to the consultation attaching the response provided by the National Park Authority. Defra will invite each objector to confirm if they wish to withdraw or sustain their objection in light of the information provided. Individuals will have 30 days to respond to Defra.
Defra will form its opinion of what will have to happen next once they have their view regarding the substantive nature of which objections remain after this 30 day period.

Options could include:

Defra confirmation of the byelaws as proposed
Further consideration of changes to byelaws by the National Park Authority that would affect objection withdrawal

the need for an inquiry to resolve the matter

These options are not exhaustive or definitive.

Useful links

All links open in Document Library: