Plans have been revealed to ban all power-driven boats and vessels from the Lake District’s small waters.
The Lake District National Park is consulting over its proposals to put the ban in place to protect the public and environment due to an increase in the popularity of wild swimming and watersports like paddleboarding.
It would see the Lake District Smaller Lake Byelaws amended, which were last changed in 1971.
It said that the byelaws had now become outdated as technology improved and the number of visitors using the smaller lakes for watersports had increased.
The changes would see all power-driven vessels, including electric vessels, banned from being used on the Lake District’s 21 non-navigable small waters.
This includes Bassenthwaite, Loweswater, Crummock, Wastwater, Buttermere, Brotherswater and more.
It would not impact the Lake District’s navigable waters, which include Windermere, Coniston, Derwentwater and Ullswater.
The authority said the amendment to the byelaws was necessary for public safety, would conserve the amenity and natural beauty of the smaller lakes and waters and their surrounding areas and prevent nuisance or damage to the smaller lakes.
Those in breach of the amended byelaws could also face a fine of up to £500.
It added that while paddleboarding, kayaking, canoeing and swimming were appropriate for smaller lakes, it had also seen an increase in the use of vessels powered by electric motors.
It said conflicts between users of the smaller lakes – mainly between drivers of electrically powered vessels and swimmers – had been reported in recent years, with some incidents recorded where injury was narrowly avoided.
The authority is also planning to amend the definition of vessel and power-driven vessels and the circumstances in which vessels may access the lakes.
While the national park has the ability to create and change byelaws, the byelaws do not remove the rights of landowners. However, landowners cannot put lake users in breach of them.
For example, they could prevent swimming on their land but they could not permit people to use powered vessels on the water, as this would be in breach of the byelaws.
In order for the authority to amend the existing byelaws, it must be satisfied (or sure) that:
- The safety of lake users is ensured
- That the use of the lake by power-driven vessels would damage the amenity and natural beauty of the smaller lakes and their surrounding area
- that it would cause nuisance (particularly noise related nuisance) or damage to the area
The proposed changes to the existing byelaws are as follows:
The authority said the amendments aim to ensure public safety, reduce landscape impacts including on tranquillity and noise pollution and environmental protection.
- The definition of a vessel would be amended to include watercraft that may be used beneath as well as on water
- The definition would be amended to include remote controlled or autonomous vessels
- The definition of ‘power driven vessel’ is currently defined as a vessel propelled by an internal combustion engine. It is proposed to maintain the ban on power-driven vessels using the smaller lakes.
- The definition will be amended to prevent the use of vessels powered by internal combustion engines, electric engines, and any other such engines with moving parts that converts power into motion whilst permitting the use of paddle boards, kayaks, canoes, sailing vessels, and small pedal-operated vessels such as pedalos.
Some exemptions are also being put forward along with the amendments.
The authority said it intended to permit the Environment Agency to use electrically powered vessels to monitor the waters and lakes.
It would also be able to provide consent for staff and contractors to use suitable small vessels when working on smaller lakes.
Police or rescue teams like the Coastguard and mountain rescue teams would also be permitted to use power-driven vessels.
The authority acknowledged that the proposed changes may impact disabled people and their access to the lake without assistance.
It said it had tried to mitigate this by allowing some aids including hand pedalled canoes and larger vessels such as multi-person canoes.
It would also be able to grant an appropriate exemption in all the circumstances to accommodate disabled users.
The penalty for breach of the new proposed byelaws would also be updated, meaning those who break the new rules may be fined up to £500.
Small lakes and waters included in the proposed byelaw changes include:
- Bassenthwaite Lake
- Beacon Tarn
- Blea Tarn (Langdale)
- Bleham Tarn
- Brotherswater
- Buttermere
- Crummock Water
- Devokewater Tarn
- Elterwater
- Ennerdale
- Esthwaite Lake
- Grasmere
- High Dam Tarn
- Little Langdale Tarn
- Loughrigg Tarn
- Loweswater
- Overwater
- Rydal Water
- Tarn Hows
- Wastwater
- Yew Tree Tarn
The authority said Ennerdale was included on the list in the event that it was declassified as a reservoir.
The byelaws came into force in 1974 and have not been reviewed since they came into effect. They are now considered ‘outdated’ by the authority.
Byelaws are considered measures of last resort after a local authority/national park authority has tried to address the local issue the byelaw applies to through other means. Byelaws should also always be proportionate and reasonable.
The powers given to the authority to make byelaws are contained in section 13 of the Countryside Act 1968.
These powers permit the national park to make byelaws for the banning or restriction of traffic of any description on any lake in the national park only.
The authority cannot add anything relating to activity on lake shores. This type of activity would fall within the provisions of the Access Land Byelaws 1980.
The exercise of these powers also does not remove the rights of landowners.
While landowners will continue to have the right to determine what people can do on the bodies of water in their ownership – those rights are limited in that they cannot permit activities that would put lake users in breach of the byelaws.
A byelaw cannot be made where alternative legislative measures already exist that could be used to address the problem.
