The newly published comprehensive study of coastal marinas in the UK has highlighted the inescapable fact that the future growth of the UK marine industry is inextricably linked with the availability and cost of UK marina berths and moorings. In a detailed valuation of nine case study marinas, the report concludes the economic impact of their presence spreads wide supporting hitherto an unexpectedly wide range of local jobs and services. The report does not however make altogether good reading as it would seem, despite significant growth in the sector, the availability of berths is becoming an ever greater problem – particularly in the Solent and South West – and that issue, combined with matters of cost and the weather, has led to an ever increasing number of UK owners choosing to base their yachts abroad. A post-retirement dream for most of us until cheap flights made a dream a practical reality.

Part of the industry response has been to re-arrange pontoons to increase berth numbers, but with average size of yachts increasing significantly, such a process of problematical placing of a twenty metre motor yacht on a pontoon designed to take a fifteen metre vessel creates potential risks for both the owner, insurer, marina operator and the owners of adjoining vessels. Like any other commercial organisation, marinas have obligations to berth holders and the wider public under the Occupier’s Liability Act and various health and safety regulations. They are also bound by specific local Acts of Parliament, harbour legislation and the more esoteric and often feudal – obligations of common law. Understanding these often competing requirements is sometimes as difficult as enforcing them. As to this an ever increasing stringent environmental and planning restrictions, and the sheer cost of construction, and one can well see why so few new marinas are in build. That said, with the steady decline of smaller commercial shipping, and defence cuts, it can only be hoped that local authorities will take note of this study, and the very real contribution that such marinas can make to often deprived areas, and seize the economic potential that such new marina developments provide.

If you would like to discuss this article or any other areas of marine law please contact Timothy Reynolds on 023 9244 6905.