Residents of the affluent Sandbanks neighborhood in Dorset, England, are asserting a victory in their efforts to regain access to a beachfront section that was fenced off last summer. A planning barrister, Merrow Golden, has concluded that a legal argument can be made for public access to the disputed foreshore, which had been inaccessible for over 80 years. The fence, erected by millionaire insurance tycoon Ian Penfold and his wife Camila, was accompanied by signage declaring the area private property and warning against trespassers, along with motion-sensor security cameras.
Golden's analysis suggests that the private land boundaries extend only to the mean high water mark, implying that any fence structure beyond this point should be removed. The Sandbanks Community Group (SCG), which has spearheaded the residents' challenge, hopes the landowners will agree to reduce or remove the fence. If an agreement is not reached, the SCG intends to pursue legal registration of a public right of way.
Previously, some residents in the area had claimed ownership of the beach and seafront, asserting no public right of way existed. An SCG meeting was held where residents decided to formally approach the fence owners to request its removal, pledging to use the foreshore respectfully if access is restored. Alan Lester, secretary of the SCG and a retired barrister, expressed relief at the barrister's findings, noting that the landowners did not attend the recent meeting.
Lester stated that evidence suggests a public right of way could be established dating back to when the land was sold by Lord Wimborne decades ago. Counsel's report found indications that Wimborne intended for the foreshore to remain open for potential flood defense work. The SCG is prepared to register this as a protected right of way if necessary. Lester also pointed out that any structure on the beach that can only be navigated by wading through seawater should be removed.
Residents are hopeful for a resolution by the end of August, suggesting that a protracted dispute could delay legal registration for up to a year. They are urging the public to refrain from taking matters into their own hands. The disputed area, located behind multi-million-pound mansions on The Horseshoe, was a popular spot for sea swimmers and dog walkers prior to the fence's installation. Residents reported being told by homeowners to leave the beach, with claims of being monitored by cameras.
Mr. and Mrs. Penfold have declined to comment on the fence and security measures. Ian Penfold is the founder of A-One Insurance, a company with an annual turnover exceeding £20 million. Neighbors have offered differing perspectives, with some supporting the landowners' right to privacy and others criticizing the fence and signage as excessive and unnecessary.
Bournemouth, Christchurch and Poole Council had previously characterized the situation as a private dispute between residents and the landowner. Local councillor John Challinor acknowledged the desire to preserve long-standing public access while also understanding property owners' concerns about privacy and investment in their homes. Some neighbors have cited a previous council ruling that determined there was no right of way along the beach itself, only a footpath leading down to it.