Broads Tolls 2023 Objection - how to respond

The Broads Hire Boat Federation has launched a formal challenge against the Broads Authority's decision to increase tolls by 13% on 20th January 2023.

The BHBF believes that the tolls are unlawful, because:

• the 2 week “consultation” was wholly inadequate and unlawful;  
• the majority of the increase was required to fund non-navigation activities, contrary to the Broads Act 1988.

Consequently, the BHBF have objected to the new charge on the ground that it “ought to be imposed at a rate lower than that at which it is imposed” (this is one of the 4 legitimate categories of objection under s31 of the Harbours Act).

The challenge was submitted to the Department for Transport on 11th October 2023, having obtained a barrister's opinion on the legality of the decision, and was advertised on 22nd November 2023.

Interested parties (principally toll payers) are invited to submit representations by 3rd January 2024, to assist the Secretary of State in considering the objection. 

Those objections can be emailed to Paul Sharpe at the Maritime Directorate - Paul.Sharpe@dft.gov.uk

This is not a campaign to create noise  - we want the Secretary of State to see that these charges are unfair for thousands of tollpayers, and every toll payer will have their own story to tell. 

Making a representation

The subject line of your email should be “Harbours Act objection to Broads Navigation Charges for 2023”.

1. Who are you?

Start by giving your name, and the name and Broads registration number of your boat. This shows that you are a toll payer and are affected by the charges. If you own more than one boat then say how many – but you don’t need to list them all.

2. How do the tolls affect you?

Here are some things you could mention:

• How you use your boat
• How long you’ve owned it
• What is the value to you (rest and relaxation, competitive sailing, fishing, mental health benefit, etc)
• How many other people benefit from your boat (family, friends)
• Whether you or your kids have gone on to have some kind of career in the boating industry, or gained qualifications, as a result of starting on the Broads.

It doesn't matter how big or small your boat is, or how often you use it. The idea is to demonstrate that the tolls affect a wide range of different people.

You might also want to mention any change in the quality of the Broads navigation over the years which you have noticed, and which has affected you. For example:

• Difficulty finding a public mooring
• Running aground
• Shortage of electricity hookups
• Excessive tree growth preventing sailing
• Fallen trees causing obstructions

Mention things which have affected you personally - not just things that you've heard about. 

3. Why is the increase unfair?

The BHBF challenge is principally based upon the lawfulness of the 2023 tolls (not the more recent 2024 decision, at least not in this objection) - but you’re not expected to explain why the tolls are unlawful (unless you want to). 

What you should do is:

• state that “the charge ought to be imposed at a rate lower than that at which it is imposed” 
• explain why you think the tolls are unreasonable, unfair or unjust for you as a toll payer.

The visible “consultation” for the increased tolls started with the release of the navigation committee papers on 6th January 2023, and by 20th January the decision had been made. That's less than 10 working days. There is no evidence to support the Chief Executive’s claims that the Authority’s standard consultation process was followed, or that it began in October 2022. The BHBF say that this was unlawful - you might also have a view on whether it was fair or reasonable:

• As a toll payer, when did you first hear about the proposal for a 13% tolls increase? 
• Did you know about it before the decision was made?
• Do you feel that the consultation was adequate?

Navigation charges are very specifically raised to pay for maintaining the navigation - and The Broads Act states that navigation income must equal navigation expenditure. Navigation charges must not be used for non-navigation purposes.

Over the years navigation charges have gone up by more than inflation, but in 2023 they were increased by 13%, largely because the DEFRA grant for non-navigation functions was said to be insufficient. 

To quote the Chief Executive “The reduction in the real value of National Park Grant, for the fifth year in a row led to a review of the shared budget lines between National Park and Navigation to provide a fairer representation of the splits for shared costs”.

In other words, the share of navigation income used to fund non-navigation (“national park” functions) increased because the value of the DEFRA grant which funds those non-navigation functions decreased. The BHBF believes that this was unlawful.

So, you could say that:

• The Authority should have tried harder to reduce non-navigation expenditure, in the light of the reduction in funding from DEFRA.
• It was unreasonable of the Authority to raise extra funds from toll payers to pay for non-navigation expenses.

You might also have a view on whether you think that tolls income is well-spent, given your own experience of the navigation area.

By setting an unlawful charge for 2023, all future charges calculated using the same methodology (including the 8.5% increase agreed for 2024)  are also unlawful - as boat owners are expected to pay an ever-increasing amount for non-navigation expenses which they should not have had to pay in the first place.

Pick out the bits which most strike a chord with you as an individual, and don’t feel that you need to write an essay. But the key things are to:

• state that “the charge ought to be imposed at a lower rate than that at which it is imposed”;
• mention reasonableness or fairness;
• explain the way that the tolls affect you as an individual toll payer.

Remember to send your response to Paul.Sharpe@dft.gov.uk by 3rd January 2024 - so do it now, or at least before Christmas, so that you don't forget.

If you'd like to investigate the legal background, here is a summary of the BHBF's grounds for objection: 

• The Navigation Committee consultation (such as it was) was unlawful and in breach of the first, second and third of the Gunning principles.
• The Broads Authority failed to comply with its statutory duties to consult stakeholders pursuant to section 3 of the Local Government Act 1999.
• The justification provided by the Broads Authority for the toll increases was unreasonable and unlawful, insofar as it proposed the use of navigation income to fund non-navigation activities.
• The rationale for the changes was in breach of the Broads Authority’s accounting and auditing obligations under section 17 of the 1988 Act. 
• The increases are unreasonable insofar as no detailed evidence-base was provided and increases were put forward on an erroneous basis – to mitigate for a static grant from DEFRA which related to National Park expenses and not navigation functions.