It’s some years now since a story from the Isle of Bute caught my eye, concerning a few ordinary folk versus the Crown Estate. When I first saw it, I really expected it to go away quite quickly (with the Crown Estate walking all over its adversaries), and I thought it had back in 2006 (when the local council folded under the Crown Estate), but it refused to die as the people concerned refused to accept the council’s capitulation, and carry on their battle with the Crown Estate.
The problem centres on whether or not yacht owners need to pay to put down a mooring in Kames Bay, and the local newspaper has reported that the story will come to a head at a hearing at the Court of Session in Edinburgh, due to be heard over a period of four days next week.
Rothesay is a Royal Burgh thanks to two charters granted in 1400 and 1584, and the owners believe that the charters give them the right to establish a mooring on the sea bed without charge. On the other hand, the Crown Estate believes they are bound to pay it a fee for establishing such moorings.
The town was established as a royal burgh by King Robert III in 1400, and later declared a free port by James VI in a Charter of Confirmation granted in 1584, stating:
we give and grant to the magistrates and inhabitants of the said Burgh, present and to come, a free port and harbour for ships in the bay and station of the said Burth of Rothesay and the Kyles of Bute, the stations of Cumbray and Fairly and Holy Isle, and all others within the foresaid bounds, with free entrance and exit for ships and boats for carrying burdens with all kinds of goods and merchandise not prohibited by our laws and Acts, with all the privileges and liberties of a free port, and receptacle for ships, with power for the support of the foresaid port, to receive and raise off goods, merchandise, ships and boats.
In 2006, Argyll and Bute Council failed in its attempt to take on the Crown Estate, and it looked as if the fight was over, and the Crown Estate had prevailed.
The Port Bannatyne Moorings Association (PBMA)was formed in early 2007 (most, but not all owners joined), agreeing to collect fees from members for the Crown Estate’s, in return for a discount compared to paying up personally, however this “deal” led to a twist in the tale that kept the fight alive.
In April 2008,although the members had paid the required fees to the PBMA, it said it would not pass on the money unless it saw evidence of the Crown Estate taking action against holders of unlicensed mooring equipment. This led to the Crown Estate Commissioners raising a petition at the Court of Session in seeking a declaration of their entitlement to remove all unauthorised moorings from the bay.
The case is due to be heard next week, with the local newspaper, The Buteman, promising to report daily.