Who owns the beach in front of my house

[Beachlife55]

Anyone know anything about the use of the foreshore? I live next door but one to a restaurant and face the beach. The restaurant have just put 2 huge tables wit attached seating so not moveable, along with windbreak and parasols, on the beach directly in front of my house. I asked the Planning department and they said the restaurant was fine to do this as it's an area that people socialise in already. They already have tables on the pathway in front of their restaurant. To me this sounds dodgy and I am trying to pursue it by finding out about beach ownership. I think I read somewhere that the property owner owns the beach above the high water mark in front of their house, and the Crown owns it between high and low water mark. And it can't be used for commercial purposes. Looking for advice before I take this further but don't know what to do next.

If you and a few friends/neighbours especially with a couple of children under 10/elderly/visibility disabled people take up residence to socialise and refuse to move the only thing they can do is call the police.

The police won't be interested.

If they start attacking you or verbally intimidating your group then one of your group needs to do is start recording them on your mobile phone, post it on social media and then contact a media organisation.

Remember the restaurant will not want bad publicity, and the council will not want to be embarrassed especially if have an email naming a particular person working for them or a councillor.

I will be talking to them about this too. They are not part of the restaurant. They are elderly and avoid conflict so I think they are keeping their heads down on this one. But I will be chatting to them about it. I know they are unhappy about it though. It has only just happened - a couple of weeks ago. And I will be talking to other neighbours further along. I will keep you posted. I think 2 other businesses are involved who both want beach access for their businesses and so I suspect they have been planning this for some time between them. There has been a 'creep' a gradual use of the beach, but seemingly only in an ad hoc way. That is the odd bit of old bench appearing then people buy a drink and sit on it etc. Then a giant bit of drift wood turns up and is used to sit on. And suddenly oversized tables with attached seating appear and windbreak and parasols. Basically a small bit of the beach has been cordoned off and the space, for the moment, has been 'formalised' as restaurant space.

Just check the map and the title number. It’s all owned by someone.

this is the area local to my mil.

😂I nearly choked

The planning department have really let you down here. Given the current state of things I have to ask, did you speak to just one person at planning?

Because quite often in any organisation now, if you are unlucky enough to speak to a person who has zero knowledge and zero motivation, you get the wrong information.

I would be surprised if the council are okay with a public area being taken over by a private business.

So if you haven't already spoken to a few people at planning, you might find it's worth giving them another try.

If you own the foreshore it will state it on your deeds.

I have a property that includes foreshore and it is very clearly outlined on the maps at the National Land Registry. Owning it is not always a good thing btw. It can prove v expensive.

Now be reasonable, I'm sure you mean 'light a barbecue and burn the smelliest things you can find' to do the job properly.

I’d try the Crown Estate but first go back to the council on the basis of it affecting the quiet enjoyment of your home, it sounds totally outrageous.

Just don’t let it drag in as some councils have ridiculous rules about ‘well it’s been there for a year now, so we don’t have any powers to make them take it down’ 🤬

Perhaps ask your local councillor for help with this OP, as the planning dept were not helpful to you.

Can we have a photo of the setup ok pleaseeeeee

If I were you I would start using the same bit of the beach with my own seats to show the greedy restaurant owners and everyone else that you do not accept the restaurant trying to impose their sole use of the beach. I don't know how long it takes to establish a precedent that would allow them sole use/ownership of the beach by default, but it sounds like that is what they are trying to do.

Did you speak specifically to planning enforcement? I would call them back and explain in a bit more detail.

Contact your local councillor and speak to neighbours.

@Beachlife55 Name a time and day, and I’m sure the mumsnet army would love a barbecue and get together at the beach. I’ll bring the burgers!

OP valid point that if they've put tables as council say it's a communal area and they were allowed, then the owners put signs on seating etc as private use for patrions only, they're taking advantage, chancing it. What are they going to do with them in the winter months when there are hardly any beach goers? Put wire fencing round them, with big Keep Out signs? I hope the neighbours get on board.

I don’t think you are talking about foreshore but dry land which happens to be sandy. Otherwise just wait for the tide to do its job. As such the land will absolutely be owned by someone and you can check the land registry. It’s unlikely to be the restaurant! In which case they will need permission from the owner before using it as a private business. I would speak to a solicitor.

what about one of those speakers that emits sounds to deter people sitting there - the ones shops use - not sure which one but annoys teenagers etc. Also get one that gets dogs to bark. Both will make it unpleasant for the customers at the restaurant

I would contact the local licencing department of your Council.
I expect the restaurant's application for the food licence and for the alcohol licence at the premises should clearly dictate the exact premises and area where the alcohol can (and can not) be served. You may be able to view licences/recent applications on the council website.
Likewise for sitting out - tables outside a premise, these also have to be licenced. They need to adhere to various conditions, I picked Dorset at random
but the exact area has to be agreed, and various conditions met - I note the furniture can't be permanent and should be removed when the premises are closed, and there is a consultation period for which the plans must be displayed, plus the valid licence once approved. I suspect if this isn't visible the restaurant have just encroached and ignored the likelihood they need a licence. https://www.dorsetcouncil.gov.uk/w/sitting-out-licence-information-and-conditions-of-approval

Even if the do have a licence (and you missed the fact they applied) I think a) it's unlikely the council will have allowed a spread of area outside other properties without consultation and b) it is an annual licence so you can object for next year, plus if there is any anti-social behaviour even just litter not being cleared then the council can instantly revoke the licence.

Failing that, when they are open, invite your best volleyball playing friends over for a game outside your house on the beach - sand and food do not mix. When they ARE closed, invite all your favourite fit people round to lift and reposition the table / equipment outside their premises.

In our area, which is a seaside town, it would involve the licensing department at the local council. You need a license for tables and chairs outside a business and it's for a specific amount of seats/tables that are permitted. I would speak to them. I used to work in that department so it's 100% the case here.

Those cheeky fuckers!

I'm glad you have a sense of humor about this: That'll help loads. I won't step on the fantastic advice others are giving (er, I mean about officially checking. I do like the revenge-y ones as a last ditch effort...) but I do recommend taking several clear photos, especially of their sign saying only customers may use the table.

Also make sure to get some good shots of where the tables are in regards to your home/other businesses, the restaurant and the tables' distance from it, and the beach in general: This will help make your point quickly once you can talk to someone who has knowledge/authority, and if they get a heads-up and try to cover up that they were being exclusionary about the tables' use, you'll have proof in case the restaurant tries to claim that they were doing "for the community," possibly giving themselves a chance to put the signs back up in case this blows over. Get lots of proof and good luck!

I would think the restaurant should have a license to cover the use for a period of time due to responsibility, maintenance and liability.
The land between waters should be public domain owned by a governmental body.
As far as I know, but I may be wrong, beaches are not private, what it could be private is the access by land. That stop people accessing them by land therefore only can be accessed by sea, which is highly unlikely to happen.

Absolutely nothing to add to working out who owns what, but just wanted to sympathetically rant about CFs like this! The default position should surely be “find out if you’re legally entitled to do something before doing it and only do it if it’s ok” rather than “do it and stop once everyone around is so pissed off they spend hours of their time researching it then get the LA involved who spend £000s taking you to court to stop you from doing something you knew damn fine well you weren’t allowed to do”?? 😡😡😡

Theyre not “soicalising” they’re providing facilities for their customers. If the seats are for the public to socialise then anyone should be able to use them. If they’re not, then they should fall under licensing/planning.

I agree. Their premises licence will have table and chairs allowed outside on it.
You can see a copy, if they won't show you the council will.

Yes I know I was thinking of this case

Cheeky fuckers. Loud music. Bonfire. Put your washing line out in view of the tables. Add your own tables and chairs. Pop up tent . Bins. Chuck your bin bags around. Sports day and Bbq with every noisy kid you can muster..