Millionaire mansion owners in the wealthy enclave of Sandbanks have gone to war with dog walkers and ramblers after a ‘public’ beach behind their homes was fenced off in an apparent ‘land-grab’.
For decades people have enjoyed unrestricted access to the sandy foreshore on the northern side of the exclusive peninsula in Poole Harbour, Dorset.
It is a favourite spot for dog walkers, sea swimmers and paddlers and for those taking in a sunset stroll.
But all that has changed after an ‘oppressive’ timber fence mysteriously appeared at one end of the beach. It is not known exactly who put it up.
Officious signs stating ‘Private Beach’ and ‘Trespassers Will Be Prosecuted’ have also been put up to deter anyone from accessing the foreshore.
A security camera with motion sensors has even been mounted to the boundary fence of a £3.5m waterfront mansion, apparently to detect any interlopers.
A 75-year-old woman, who has been using the beach for decades, claims she was shouted at by one homeowner who told her to get off the beach as it was private property.
It is thought the beach from the back gardens of properties in a small cul-de-sac called The Horseshoe to the mean high water mark is private, but the foreshore below this line has been publicly accessible for decades.
Sandbanks residents gathered on the beach in the aftermath of the ‘oppressive’ timber fence mysteriously appearing
The fence is circled. Residents have now instructed lawyers to take legal action following the row
A sign reads ‘private beach’ – despite residents saying they have enjoyed access to the beach for over 80 years
Sandbanks residents say the public have enjoyed access to the beach for over 80 years and a prescriptive right to it has been established.
But they claim that the relatively-new owners of the cluster of multi-million homes see it as private and don’t want members of the public traipsing across the land.
TV celebrity interior designer Celia Sawyer owns a £3.75m house on The Horseshoe. She is trying to sell it and the marketing blurb for it boasts it has a private ‘beach’ adjoining the waterfront.
The Sandbanks Community Group (SCG), which represents local residents, has also instructed lawyers over the matter.
They say their Whatsapp chat room has been swamped with about 100 messages demanding the 40ft long fence be removed.
A spokesperson for the SCG said their initial talks with some of the landowners have proved fruitless. They have now held a committee meeting where it was decided they would appoint a lawyer to take the matter to the next step.
Alan Lester, a retired barrister specialising in commercial law, is the secretary of the SCG and is leading the fight to restore the public access to the foreshore.
He said one of the principal objectives of the SCG is to preserve the exclusive peninsula and resist any attempts of ‘encroachment’.
TV celebrity interior designer Celia Sawyer (pictured) owns a £3.75m house on The Horseshoe which she is trying to sell
‘The homeowners should just relax and let people enjoy the area as they have always done’, frustrated residents have argued
He said: ‘Residents approached us complaining that the public footpath to the foreshore behind The Horseshoe where they had enjoyed access to was being impaired by some of the property owners.
‘The fence was erected at the western end of the shore and it runs perpendicular to the start of the properties and very close to the high water mark.
‘Members of the public are put off from using the foreshore. What purpose does it serve? It is to give the impression that the other side of it is private. To members of the public, the fence stops you from wanting to go any further.
‘Another of our members, a retired solicitor, looked at the Land Registry deeds for the piece of land the fence is on and found that it has limited title and is subject to public rights.
‘The foreshore itself has been used for as long as anyone can remember for access to the sea for swimming and paddling and dog walking. It is a very popular spot.
‘Quite often I have been there on a summer’s day and in a 20 minute window I have seen between eight and 14 other people coming and going.
‘Because of the extent it has been used over many, many years it could be perceived there is a prescriptive right that has been built up by the public to use the foreshore below the mean high water mark.
‘The residents say the fence must come down. They think it is unsightly and is impeding access and putting people off. We also don’t want it to set a precedent.’
Alan Lester (pictured), a retired barrister specialising in commercial law, is the secretary of the SCG and is leading the fight to restore the public access to the foreshore
‘We have tried talking to bring about an amicable resolution because the last thing we want is a neighbour dispute that will spill a lot of bad blood and cost a small fortune.
‘We can’t spend a lot of money resolving this but our position is to uphold the Sandbanks Neighbourhood Plan and protect the preservation of the character and integrity of the peninsula and resist any attempt of encroachment and taking over.
‘There shouldn’t be shouting at people for walking on that piece of land. The homeowners should just relax and let people enjoy the area as they have always done.’
Norman Allenby-Smith, chairman of the SGC, said: ‘There has been a huge local reaction requiring action to be taken. The SCG Whatsapp chat room has some 100 messages in support of action to be taken.
‘We have tried mediation which has achieved nothing. We held a committee meeting and agreed to appoint a lawyer to advise us.
‘The public have always had access to the foreshore.
‘They have a right of way and can exercise their rights to walk their dogs and admire the view, nothing has changed.’
Sandbanks resident Sue Spencer, 75, said she was challenged when she walked along the foreshore. She said: ‘I have owned a property here since the 1980s and you have always been able to walk all the way down the beach.
Victorian families enjoying the beach in Sandbanks. Residents argue they have historically been able to walk all the way down
Sandbanks resident Sue Spencer (pictured), 75, said she was challenged when she walked along the foreshore
‘There was never an issue with any of the homeowners before.
‘Now it is more people with money who think they can do what they like.
‘They say it is a private beach. It is not private, it never has been. They want it to be private and that is why this fence and these signs have gone up.
‘I was confronted by one of the homeowners last year. They told me to get off the beach as it was private and that they had a camera on me.’
Another Sandbanks local said: ‘It is a land grab. It is very oppressive to see that fence here. People think it is a no go area.’
Sandbanks historian Jeremy Waters said the public used the beach behind The Horseshoe for decades and pointed to black and white photos of people doing so.
He said: ‘I have always regarded the ‘Private Beach’ notices by those houses on The Horseshoe as pure bluff.
‘As far as I am aware, the stretch of beach fronting the harbour has always enjoyed public access.’
The sandy foreshore is a favourite spot for dog walkers, sea swimmers and paddlers and for those taking in a sunset stroll
It is not known exactly who put the fence up. A security camera with motion sensors has even been mounted
‘Private’ beach signs are pictured. One reads: ’24h CCTV in operation. Stay within 1.8m footpath. Trespassers will be prosecuted’
At the moment BCP Council is not involved in the dispute and is not taking any action against the fence.
John Challinor, a local Conservative councillor, said: ‘I understand people wanting to retain the access they have had for years.
‘It seems the fence is trying to establish a line and it does give the impression it is restricted access.
‘But I can also understand that people have spent a lot of money on their properties and they aren’t going to want to have members of the public wandering into their gardens.’
None of the owners on The Horseshoe who were in were willing to comment on the issue.
One said he did not know who put the fence up but added: ‘How would you like it if members of the public walked through your back garden?’