Legal advice backs Sandbanks beach access, group says

Smith reported to his community group, which has about 100 members, the update from their legal counsel at Merlow-Goldman.

“We had sought a barrister to give us advice on the rights associated with walking along the foreshore,” he said.

“The response we’ve had [from our counsel] is that the public have a right to walk along that beach, but not above the medium-high watermark.

“But these fences that we’re talking about go further into the sea than that, so some of those panels would have to be taken down.”

The group sent the BBC a copy of the written advice, which said: “I have…concluded that there appears to be at least a potential argument that public rights may exist.

“Aside from any public rights, it appears that the metal and wooden fences are only legally able to extend to the mean high water mark… it seems to me that there could still be a walking route (of sorts) left available to the public (other than at high tide).”

Smith said evidence had been found the beach has been used by the public since the 1930s – and the group’s legal counsel has advised there may be a right to walk there because of that.

He said an agreement could work where local residents use that part of the shore “respectfully and don’t cause any problems to the landowners”.