Cornwall barge dad says his conviction will impact boat owners across the UK

Dean Richards pictured in front of his barge, which is moored on his own land on the foreshore at Point quay near Truro
-Credit: (Image: Lee Trewhela / LDRS)


A man convicted of mooring his 86ft barge without a licence at a picturesque quay in Cornwall says the decision made in Truro Crown Court this week will affect all boat owners across the UK.

Dean Richards, who wanted to set up home on the boat at Point with his eight-year-old son, has been battling the Marine Management Organisation (MMO) for seven years, claiming he should be exempt for using spudlegs, or pin anchors, to moor his boat.

However, he was found guilty by a jury of "carrying out a marine licensable activity without a licence" in breach of the the Marine and Coastal Access Act. Judge Simon Carr handed him a three-year conditional discharge at Truro Crown Court on Thursday (November 14) and ordered him to pay £15,000 costs, which could lead to Mr Richards having to sell the foreshore he owns on which the barge is moored. He may also have to scrap the former Royal Navy munitions barge.

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The judge was critical of Mr Richards in his summing up, saying: "Your arguments in the vast amount of documentation this case has generated ... show a quite extraordinary level of head in the sand over the reality of the situation. You're an intelligent man - you have known from the beginning you have absolutely no defence to this case.

"The defences you have raised at various times have varied and on occasions contradicted each other. That is because you have become utterly entrenched in your belief in your right to ignore rules that apply to other people, and have become obsessed with a battle that has no purpose."

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He added that Mr Richards' punishment was "the most self-inflicted wound I've ever seen".

Following his court appearance, the former bank manager told us: "It’s been an extremely stressful time. I am the only person to ever be convicted of needing a marine licence to anchor their boat."

He added: "This is the beginning of the end for our Public Right of Navigation which has been enjoyed for millennia in this country. Boats have always been allowed to come and go as they wish under this right. Anchoring is an ordinary incident of the Public Right of Navigation. This ruling now means a marine licence is required to weigh anchor and also to deposit it.

"In short, I am unable to move my boat without applying for an expensive marine licence which they could refuse. This completely undermines the exemption that exists to protect this right, article 22 of the 2011 exempted activities order. It also has serious safety implications to those that may need to drop anchor in an emergency situation."

Mr Richards said: "I have no doubt the MMO will now use this as case law to implement costly licensing to all boat owners throughout the UK; the benefit to them of raising much-needed revenue due to being underfunded by the government."

The care worker is also battling Cornwall Council over enforcement action it is taking against him. The local authority states he needs planning permission to moor the former Royal Navy munitions barge in the picturesque riverside village, something he argues he does not need as he has a Certificate of Lawfulness.

As for his future and the future of his barge and the land he owns at the quay between Truro and Falmouth, Mr Richards added: "If there is enough public interest and support I may consider an appeal as this affects everyone. For now I need to put this behind me and try to raise the money to stop me being forced to sell my boat and land."

Mr Richards has started a Crowdfunding page, which can be found here.