King's Quay Creek
Not for navigation
About 5 years ago Practical Boat Owner
published an article on secret (little used) anchorages around the
Solent and one that was featured was Kings Quay. This lies between
Wootton Creek and Cowes on the Isle of Wight and looked very
appealing, a pool a couple of hundred metres inland surrounded by
trees.
It was only accessible at high tide via a rather
winding entrance channel and landing wasn’t
permitted.
The year after the article was published I tried the entrance on a
rising tide and got most of the way in when I discovered that the
actual entrance to the pool was blocked by scaffold poles, (see
photo).
The channel is narrow and my Macwester Wight at 10 metres was
almost that width so I got a few chips out of the keel and the prop
had a lump out of it too, (the channel is gravel). 
.
.
.
I tried ringing the IOW Council, Harbour Masters
and a few others finally speaking to Gus Lewis at the RYA who was
really helpful and sympathetic and he did some research but was
somewhat ‘stonewalled’.
I believe the land surrounding the inland bay is privately owned
but the route in is controlled by English Nature and is for bird
nesting and there are signs up saying ‘no
landing’. Apparently they told him that if he could find
out who put the obstruction up, they could get it taken down,
hardly fair, try putting up an obstruction in any other harbour and
see how long it stays there!
It seems to me that it’s a navigable tidal water way and
as such should be free to use and anchoring in the pool should be
OK as long as you don’t land.
This seems to be another of our freedoms taken away, if it was a
blocked public footpath there are ways of complaining and getting
it re-opened but I don’t know the process in this
case.
If anyone has any information about this or can help, please
volunteer, it would be a really nice anchorage on a warm summer
night.
Best wishes,
Keith Calton
Editors Note: If you have any information relating to this blockage of flowing tidal water, please contact the site and we'll pass it on. As far as we're aware everyone has the right to access tidal waters and no one has the right to obstruct this.
UPDATE..from member Macboatmaster:
Dear Sir,
I am hesitant to contradict you, but there is as far as I know only
an absolute right of navigation in tidal waters where the bed of
the tidal water is either owned by the Crown or a declared
navigable river or channel.
The creek in question was declared a site of Special Scientific
Interest in 2011.
QUOTE
In addition to the MCZs, which have been recommended for most of
the Island Coast, there are six small Reference Areas in which
anchoring, fishing, dumping, the removal of living animals, seaweed
and the like, would be forbidden. The recommended
‘Reference Areas’ around the coastal areas of
the Island are at Alum Bay, Newtown Creek, Kings Quay QUOTE
I am surprised that the IOW Council had no knowledge as it is well
documented that a barrier has been erected to prevent marine craft
entering - following its designation as a PDZ and SSSI.
The Creek from the MLWM is privately owned and there is therefore
no absolute right of navigation.
Reference documents
Page 120 refers
FURTHER UPDATE August 2018:
Sir or Madam,
I read your article on Kings Quay Creek with interest. It refers
to the temporary scaffolding construction that has been placed
along the river inside the creek, intended to obstruct craft.
Your contributor Keith Calton is right that navigation in tidal
waterways is a public right. Full stop. This is established since
Magna Carta and could only be restricted by statute. No such
statute has been passed by Parliament.
The response above is a bit misleading. First, he writes 'there is as far as I know only an absolute right of navigation in tidal waters where the bed of the tidal water is either owned by the Crown or a declared navigable river or channel'. This is just plan incorrect.
Secondly it is mentioned that King's Quay Creek is a Site of Special Scientific Interest and also having been proposed as a MCZ. Neither of these is relevant to the right of navigation, which still exists there. Nor does the fact that the surrounding land is private affect the right of navigation in the creek: only the right to land there.
Under our Common Law, you just can’t restrict the rights of the citizen. The barrier is an obstruction of a publicly navigable river, and such an obstruction is a public nuisance at common law.
Some details are under navigation in tidal rivers here: http://nabo.org.uk/files/members/right_of_nav.pdf
with more depth here: http://www.riveraccessforall.co.uk/docs/totally_compelling_evidence.pdf
With respect to the obstruction of land-based rights of way, The
law permits you to remove enough of an obstruction for you to pass
if you can reasonably do so (although you should ensure the safety
of livestock) and to go round the obstruction on land in the same
ownership. I am not a lawyer, but I’m prepared to bet
that the same remedy directly by the citizen is available with
respect to the right of tidal navigation.
Yours,
Christopher Barker
Update 15th April 2019
"Regarding Kings Quay Creek; having today 15.04.2019 spoken with a local resident it appears that a local landowner has been obstructive for a number of years in deterring lawful access to the tidal waters, thus the unlawful erection of the barrier. The creek is bordered by different landowners, it is only one in particular the has taken it upon themselves to erect this barrier. The law is quite clear regarding tidal waters as so correctly stated by Christopher Barker.
Rob Chuter
British Canoeing Member
Wootton Bridge
Isle of Wight"
Update August 2020
"Further to my report 15th April 2019 I note that a new barrier of wooden post and rail fencing has been erected across the entrance to Kings Quay Creek. Notice to remove the barrier as a public nuisance has now been given and attached to the barrier."
