Legal advice backs Sandbanks beach access, group says

A community group on Dorset's exclusive Sandbanks peninsula has said it has received legal advice that a stretch of beach blocked off by a fence should instead remain open to the public.

A public footpath runs along the edge of Poole Harbour and has been used by walkers to access the beach and foreshore. But it was blocked off by a fence from a property that backs on to the beach.

Norman Allenby-Smith, chair of the Sandbanks Community Group, said they hope the legal advice can help them come to an "amicable agreement" with landowners.

The BBC previously spoke to one of the private landowners in the fenced-off area who argued it was "not a beach" and was in fact a privately-owned foreshore.

Smith reported to his community group, which has about 100 members, the update from their legal counsel Merrow Golden.

"We had sought a barrister to give us advice on the rights associated with walking along the foreshore," he said.

"The response we've had [from our counsel] is that the public have a right to walk along that beach, but not above the medium-high watermark.

"But these fences that we're talking about go further into the sea than that, so some of those panels would have to be taken down."

The group sent the BBC a copy of the written advice, which said: "I have...concluded that there appears to be at least a potential argument that public rights may exist.

"Aside from any public rights, it appears that the metal and wooden fences are only legally able to extend to the mean high water mark... it seems to me that there could still be a walking route (of sorts) left available to the public (other than at high tide)."

Smith said evidence had been found the beach has been used by the public since the 1930s - and the group's legal counsel has advised there may be a right to walk there because of that.

He said an agreement could work where local residents use that part of the shore "respectfully and don't cause any problems to the landowners".

He said it was also possible the stretch of beach could be protected legally as a public right of way.

"But in order to go in that direction we'd have to register it to the land registry and protect it in law, which takes time," he added.

"I think it's reached the stage that all now recognise that there are very strong opinions on this subject.

"There are a lot of people who have been walking along that foreshore for a long time and there should be a solution that satisfies everyone."

One of the landowners previously told the BBC: "It is not a beach as they keep saying, it's actually a foreshore and it's privately owned.

"It's all gotten really out of hand and ridiculous."

He said he does not mind people walking along the beach as long as they were "courteous and respectful".

"I'm not trying to fight anybody here, I'm just trying to find an amicable solution," he said.

Bournemouth, Christchurch and Poole Council did not wish to comment.