Terms and conditions of our Application Process for off-line moorings and marinas
- We handle applications from developers on a first come first served basis.
- We will appraise each application in isolation of all others. No information given to British Waterways will be passed to any potential competitor (including British Waterways Marinas Limited) except to the extent that it is already in the public domain.
- Subject to any overriding provisions of the Freedom of Information Act 2000 or other legislation we will treat your application to us in confidence. We would expect it to enter the public domain when you submit a planning application. At this stage we may receive the views of interested parties and will consider them appropriately. Please also be aware that there may be other developers making applications in confidence to us in the same area.
- We will not be concerned with the viability of the proposal, the impact of the proposal on the existing supply of moorings in the area or whether there will be sufficient customer demand to support all operators - it is your responsibility to make your own assessments on these issues.
- We do not give any warranties as to the suitability or fitness for purpose or otherwise of your proposals and any work carried out in pursuance of them. It is for you to ensure that your proposals and works satisfy and meet any requirements that you may have.
- Your application is transferable, at any stage of the process upon the same terms to another party but you must give us notice of any transfer in writing and obtain our written consent beforehand (which we will not unreasonably withhold). It will be a term of our consent that the new party continues with the Application Process on a substantially similar basis, and to the same timescale.
- We may refuse your application if at any stage it transpires that your scheme will not meet the requirements we have explained to you, or if you materially alter details of the scheme without discussing them with us, or if you do not pay the required fees. We may terminate the application process if you are unable to meet the agreed target dates at any stage.
- If we have to terminate the application process or refuse your application, we will give a clear explanation of our reasons.
- In the event of refusal or termination of your application any fees you have paid to us are not refundable.
- We will not be held responsible or liable for any costs or expenses that you may have incurred or that arise from the termination or refusal.
Target dates within our Application Process
We regularly receive many applications for marina schemes, abstraction licences and other such demands on our network's resources. We have a finite capacity and must carefully balance these competing demands which we do on a 'first-come, first-served' basis.
Our Application Process for off-line moorings and marinas therefore includes target dates by which you need to proceed to the next stage. We will discuss these target dates with you. If you fall behind and are unable to meet the target, providing you keep us informed, we will extend it if you can demonstrate that you are maintaining progress. We recognise that the planning process can result in protracted delay and we will allow you the time you need to pursue an appeal.
If you do not meet these targets or do not keep us informed, you may forfeit your priority in our system over other developers. If you do not achieve the target opening date agreed in the Network Access Agreement you may lose financial incentives.
Our Service Standards
Our main objective is to encourage and facilitate new marina developments and we are committed to supporting you as you develop your scheme.
What you can expect from us:
- A willingness to engage with you
- Clear guidance on what we require and simple procedures
- A proactive approach to identifying options and solutions with you
- Openness about our rationale
- An efficient service and responses within the specified timescales
We understand that marina schemes can be a major undertaking for you and can be complex projects. You should also appreciate that they are complex for us to appraise and we have many issues to consider which can be detailed and technical. We take a balanced view and are open about our rationale.
We realise you need to liaise with many parties in order to develop the design and get the necessary consents for your proposal. BW has a significant role in this and we aim to provide an effective response and service. The Application Process, in conjunction with the guidance in Your Scheme , aims to provide clear advice and a simple procedure which clarifies what you need to do and what we will do.
From the start of your application to us we will assign to you a Relationship Manager to coordinate the team dealing with your scheme. They will also introduce you to a local point of contact within BW.
If you are not happy with our service or our decisions
Talk to Nigel Sheppard , the General Manager of the New Marinas Unit, in the first instance who will try to resolve the matter within 20 working days. He may ask you to put the matter in writing .
We have a formal complaints procedure which is the British Waterways complaints procedure.
