Recreational Use of Inland Waters

Purpose

This Policy Position Statement (PPS) reviews the importance of recreational use of inland waters and sets out actions for policy-makers and practitioners to protect and increase recreational opportunities to foster better health and understanding of environmental issues.

CIWEM calls for:

1. The sustainable recreational use of inland water and adjacent land to be protected and increased where it will not adversely impact on existing users and uses, conservation protection or economic interests now or in the future. ⁽¹⁾

2. An holistic approach to be taken to waterways projects, whatever their primary purpose, seeking to maximise benefits for recreation ⁽²⁾, economic regeneration, flood risk management, habitat enhancement, and heritage conservation.

3. Priority to be given to improving provision for recreational use near to where people live and work, including minor watercourses in towns and cities. Urban watercourses, no matter how small, should be identified as a valued asset for all the community. ⁽⁵⁾

4. Planning for new recreational provision to be informed by inclusive consultation of all relevant local and user interests, whether economic (e.g. water abstraction and discharge), social (e.g. other recreational users), or environmental (e.g. protected species and habitats).

5. Sensitive use of management techniques, agreed through consultation, to minimise any conflicts between new provision and existing users or other interests.

6. A practical approach to safety policies ⁽³⁾ to reduce risks surrounding recreational activities, recognising that some water activities are "Assumed risk - water contact sports" that carry a risk of injury or possibly a threat to life, and that participants should be aware of and accept these risks, and be responsible for their own actions.⁽⁴⁾ This does not exempt riparian owners and organisers of activities, particularly for young people, from their Duty of Care.

7. A practical approach to the use of fencing along inland waterways, particularly near locks, weirs and other structures, balancing the need to reduce risks with the need to facilitate access for the emergency services and waterside users, enable safe portage for small boats, and minimise damage to historic features and habitats.

8. All organisations involved with inland waters to collaborate in improving recreational provision by improving information and advice, developing voluntary agreements, making better use of economic instruments and, as necessary, regulation and legislation.

The Chartered Institution of Water and Environmental Management (CIWEM) is the leading professional body for the people who plan, protect and care for the environment and its resources, providing educational opportunities, independent information to the public, and advice to government. Members in 96 countries include scientists, engineers, ecologists and students.

Context

Recreational use of inland waters and adjacent land enhances the quality of people's lives and fosters a better understanding of the environment. Recreation provides economic, social, health and environmental benefits to individuals and society alike. In Britain all the trends indicate that this importance is likely to grow. In the longer term, people will have more leisure time and greater expectations regarding the quality of their lives and will expect improvements in life-style that were hitherto only dreamt of a few generations ago.

While recreational activity can have some negative impacts (see table below), these are often less pervasive and acute than those generated by industry, agriculture and transport: ‘Compared to other activities, leisure and tourism do not cause significant widespread ecological damage to the countryside’⁽⁶⁾, however even very localised pressures on protected sites or species can have negative impacts of international importance for the conservation of biodiversity.

CIWEM members are involved in a wide range of activities which have the potential to affect recreational use of inland waters and adjacent land. Examples include: policies for land-use planning, water abstraction and discharge, fisheries and navigation, and the design, construction and management of flood defences, water-control structures, bridges and reservoirs. CIWEM considers that all opportunities should be taken in such activities to protect and increase recreational use of inland waters and adjacent land as part of a holistic approach to the environment.

The term ‘inland waters and adjacent land’ here includes all rivers and canals, larger streams (‘Critical Ordinary Watercourses’), lakes and reservoirs, and also smaller streams and ponds, and wetlands which offer recreational opportunities. This opportunity is based on assessment of sustainable management in regards to environmental, economic and social constraints.

Some 3% of all day leisure visits from home in 1998 (14% of all countryside visits) made some use of inland water. These visits involved some 5 million people and were predominantly local. Regular, dedicated water sports enthusiasts often travel long distances ⁽⁷⁾. Approximately 3% of the population regularly participates in water-based recreation ⁽⁷⁾, including ⁽⁸⁾:

Current data suggest that there are fisheries on at least 13,700 km of ‘major’ rivers and canals (68% of the total length). On these waters there are some 8,800 km of well-known angling beats identified in guidebooks and by public organisations.

Public rights of navigation and water available for licensed navigation amount to 5,090 km of inland canals and major rivers in England and Wales ⁽⁹⁾. Just over 40% of this resource is within 15 km of a major urban area. It is however unevenly distributed, with a relatively high per capita resource in East Anglia and a low per capita resource in the South East of England⁽⁷⁾. One study showed that over 10 million people visited British Waterway’s navigable waterways in 1994, 84% being informal visitors enjoying visits of 1–2 hours, often at ‘honey-pot’ sites ⁽¹⁰⁾.

Canoeing takes place on all major river navigations and canals. There are also formal access agreements over 812 km of waterways that are not subject to a public right of navigation. Informal canoeing is promoted in guidebooks on some 7000 km of major rivers with no public rights of navigation ⁽¹⁾.

There are nearly 2,000 enclosed waters of one hectare or more in England and Wales, with a mean area of 27 hectares. Of these, approximately half support recreational uses. The mean size of those used for sport and recreation is 41 hectares. Angling occurs on 88% of these enclosed waters, sailing on 28%, wind-surfing on 19% and canoeing on 14%.

Some 8% of the major rivers and 3% of the canals in England and Wales are notified as Sites of Special Scientific Interest (SSSIs). Almost 500 enclosed waters of one hectare or more (24% of the total) are notified in part or whole as SSSIs. In some cases, protecting the interests of the environmental designations has frustrated proposals for recreational use of inland waters ⁽⁴⁾. Protection for SSSIs and individual species has been strengthened with the passing of the Countryside and Rights of Way Act 2000 and in some cases local bylaws exist to restrict access to reinforce the protection given.

Key issues

Strategic planning and projects

There is little evidence of widespread unmet demand for recreational facilities, although there are ‘hotspots’ where demand exceeds supply. Constraints on participation include: the quality, proximity and availability over time of facilities; the exclusiveness of some clubs; cost; perceptions of pollution and safety; and lack of skills and experience⁽⁷⁾.

The Brighton Report ⁽⁷⁾ identified six major issues relating to Water-Based Sport and Recreation:

· Barriers to Participation

· Participation in and latent demand for water-based sport and recreation activities

· Imbalances in the supply of resources for water-based recreation

· Local and regional planning and strategy issues

· The impact of conservation designations

· Conflict and conflict resolution

The report identified the need for strategic planning for water-based sport and recreation. This would identify existing recreational resources to be protected, and opportunities to cater for any unmet demand. To deliver this the planning system articulates the needs and encourages suitable provision. Sustainable management and development of watercourses requires closer collaboration between local authorities, public agencies, riparian owners and waterway users in all their diversity.

CIWEM considers that sustainable recreational use of inland waters and adjacent land should be protected and, where possible, improved. This applies both in setting strategic planning policies and in designing waterways projects. A holistic approach is needed to maximise benefits for all interests. Planning for new recreational provision should be informed by inclusive consultation of all relevant local and user interests. CIWEM considers that there is a particular need to improve provision for recreational use near to where people live and work.

CIWEM supports the restoration of navigation upon historic inland waterways, and the construction of new navigations (e.g. Ribble Link, Liverpool Canal, Cotswolds, Fens Waterways Link) where this enhances the use of existing waterways, contributes to amenity improvements, permits the mitigation of any adverse effects on nature conservation, promotes economic regeneration and follows the proximity principle.

Managing recreational use of inland waters

CIWEM considers that conflicts between different recreational users (e.g. anglers and canoeists) and between recreation and other interests (e.g. agriculture, conservation) can often be avoided through sensitive use of management techniques. Inclusive consultation involving all relevant interests is essential. Exclusion should only be permitted where statutory protection of a habitat takes precedence. Successful agreements between land managers, canoeists and anglers on many rivers show that agreement is feasible. Changes to legislation may be required to ensure the fair and equitable use of watercourses and minimisation of ecological impacts of hot spots, in line with the Countryside and Rights of Way (CROW) Act 2000.

Concern about public safety and liability for injuries sustained by those using inland waters and adjacent land provides a challenge to water managers. It is important to recognise that users who willingly engage in potentially-dangerous activities (such as canoeing or angling) are treated by the law as having accepted the risks in accordance with the legal principle that ‘a willing person cannot be injured in law’ (‘volenti non fit injuria’).

The extent to which this principle applies to informal use of waterside land, and in particular to children, is less clear. Concern about liability has led to the fencing of many waterside structures. CIWEM considers that a practical approach should be adopted to the use of fencing along inland waters, balancing the need to reduce risks with the need to facilitate access for the emergency services and waterside users, enable safe portage of small boats around obstacles, and minimise damage to historic structures and habitats.

An example of how conflicting interests can be managed is Canolfan Tryweryn (Tryweryn White Water Centre) near Bala, North Wales. This is the Environment Agency’s premier recreation asset. It attracts around 70,000 visitors each year for rafting and canoeing. The Agency owns some 7 km of river of the River Tryweryn and 4.6 acres of land around it, part of which is leased to the Welsh Canoeing Association who run the Centre. Situated in the Snowdonia National Park, it has a riverside trail suitable for wheelchair users, site interpretation and rich and diverse riparian and woodland habitats. The river is a high grade fishery. At Canolfan Tryweryn the Agency aims to show how the sometimes conflicting needs of conservation and recreation can be accommodated at one site.

Promoting concerted action

Inland waters are now receiving considerable policy attention, with many projects in hand to restore canals and create new waterway links. CIWEM welcomes these initiatives, but believes that a more concerted approach among the relevant organisations would offer an even wider range of benefits. Particular needs include:

· Improving information and advice (e.g. web sites to promote opportunities, and practical guidance for waterway managers on safety issues);

· Developing voluntary agreements (e.g. to facilitate access for canoeing, especially touring, to a wider number and range of rivers valued for angling);

· Making better use of economic instruments (e.g. applying grant aid to waterways projects, and reinvesting fees and charges in recreational improvements); and

· Regulation (e.g. raising standards for boat safety to minimise accidents and conflicts).

CIWEM urges all policy-makers and practitioners to work together more closely to protect and increase sustainable recreational opportunities on inland waters and adjacent land.

References

1. Environment Agency Policy on the Sustainable Management of Water, Wetlands and Waterside Access. 2003
2. Planning Policy Guideline 17 “Sport, Open Space and Recreation”, ODPM
3. Managing Visitor Safety in the Countryside – Principles and Practices; The Visitor Safety in the Countryside Group.
4. British Canoe Union Participation Statement, October 2001
5. Liquid Assets: Making the Most of Urban Watercourses. Urban Design Alliance (Institution of Civil Engineers 1998)
6. House of Commons Environment Committee Fourth Report 12 July 1995
7. Water-Based Sport and Recreation: The Facts. University of Brighton. Defra 2000
8. The River and Waterway Environment for Small Boat Users, Stott. T, BCU 1999
9. Waterways for Tomorrow, DETR, June 2000
10. Future of Access to Water”, Environment Agency, 2004
11. Urban Rivers: Our Inheritance and Future. IWA Publishing and Environment Agency 2002

June 2005

Note: CIWEM Policy Position Statements (PPSs) represent the Institution’s views on issues at a particular point in time. It is accepted that situations change as research provides new evidence. It should be understood, therefore, that CIWEM PPSs are under constant review, and that previously held views may alter and lead to revised PPSs.