The council’s initiative aims to address complaints from riverside residents about unapproved moorings, litter, and noise.
If approved, the new rules could impose a 24-hour limit on moorings at various locations and penalties of up to £1,000 for non-compliance.
The PSPO, was challenged by Marcus Trower from the National Bargee Travellers Association, who argued the order was too vague.
Elmbridge Council says;
Following the making of the PSPO agreed by the Council’s Cabinet on the 7th of February 2024, the council received a legal challenge within the time limits. The council attended a court hearing to defend the PSPO in November 2024, following service of evidence, in the support of its defence to the claim.
While doing so, the council voluntarily suspended the operation of the PSPO until the conclusion of the legal challenge.
Following the legal challenge, the Court confirmed in February 2025 that it has upheld the claim to quash the PSPO. The Council was unsuccessful only on the narrow basis that the drafting of the PSPO Order was not sufficiently clear that the PSPO restriction will not be enforced where there are stream warnings for certain areas upstream, even though the Environmental Enforcement Policy clarified that it would not be.
This means the PSPO cannot be enacted in its current form. However, the judge found in favour of the council on all remaining 14 grounds. This included findings that the wording of the PSPO was otherwise sufficiently clear, the PSPO was rational and fair, the council undertook a fair consultation, and that the council had complied with its duty to make a fair Equality Impact Assessment.
