Residents of Sandbanks, a wealthy enclave in Dorset, England, are asserting a potential victory in their dispute over a beachfront section that was fenced off last summer. Lawyers now contend that the public should have access to the area, which has been a public beach for over 80 years.
A 40-foot timber fence, accompanied by signage declaring "private beach" and "trespassers will be prosecuted," along with a security camera, appeared at one end of the beach. This action by millionaire insurance tycoon Ian Penfold, 59, and his wife, Camila, effectively blocked public access to the northern shore of Sandbanks.
In response, members of the Sandbanks Community Group (SCG) hired a planning barrister to investigate the land's status. Legal counsel Merrow Golden has concluded that an argument can be made for public access rights to the beach. Golden also claims that the private land ends at the mean high water mark, suggesting any fence beyond that point should be removed.
The SCG hopes the landowners will agree to modify or remove the fence. If an agreement is not reached, the group intends to apply for a legal registration of public right of way. However, some residents in the area previously stated that homeowners own the beach and foreshore, asserting there is no public right of way.
Alan Lester, secretary of the SCG and a retired barrister, stated that the legal findings brought a "feeling of relief" to the community. He noted that the landowners were invited to a residents' meeting but did not attend. Lester indicated that evidence suggests the land's previous owner, Lord Wimborne, intended for the foreshore to remain open for potential flood defense work, providing a basis for establishing a public right of way dating back decades.
"What is clear is that any structure erected on the beach which can only be sensibly traversed by getting one's feet wet in sea water has to be removed," Lester said. He added that if the fence is removed, the remaining structures would serve no purpose and would be an "eyesore."
The SCG hopes for a negotiated resolution by the end of August, though Lester cautioned that disputing the registration could take up to a year. He urged the public not to take matters into their own hands by removing the fence themselves.
The affected beach, situated behind multi-million-pound properties on The Horseshoe, was a popular spot for sea swimmers and dog walkers. The erection of the fence and signage has deterred many, with some residents reporting confrontations with homeowners who told them the beach was private.
Mr. and Mrs. Penfold declined to comment on the matter. Mr. Penfold founded A-One Insurance, a company with an annual turnover exceeding £20 million. The couple purchased their beachfront property in Sandbanks for £3.5 million in May 2024.
Some neighbors have supported the Penfolds, stating the beach is private land owned by the property owners. Others have called the dispute "petty," recalling a previous council ruling that found no right of way along the beach past their houses, with Footpath 82 only leading down to the beach itself. Bournemouth, Christchurch and Poole Council had previously described the situation as a "private dispute between residents and the landowner."