driffield navigation guide

In 1955 an unauthorised fixed bridge was built across the navigation at Whinhill but the IWA received the assurance that, if at any future date the navigation was reopened to Driffield, the bridge would be removed. The major obstruction to the renewal of the navigation to Driffield was incurred in 1967, when the County Council replaced the bridge which carries the public right of way over the Navigation at Wansford with a fixed bridge. As this action was taken without the agreement of a quorum of Commissioners the legality of the step must be questioned. Only a Court could adjudicate on this action.

A possible chance to restore the Navigation came in 1960 when the Hull Corporation decided to contribute 2/3rds of the cost of a new sewage plant for Driffield with the aim of safeguarding Hull’s water supply from pollution. Hull Corporation also spent some £185,000 on a Water Abstraction scheme using water from the River Hull, although much of it was originally from the Driffield Navigation. It was estimated by the IWA that the additional cost of restoring the Navigation, as part of this scheme, was only £17,000. A petition was raised and put to the Hull Corporation, but it failed. Again the future of the Navigation became uncertain and the decay continued.

In 1968 the Driffield Navigation Amenities Association was formed and the start of a new chapter in the life of the Navigation began.

Interest in Revival:

The IWA interest in the Driffield Navigation goes back as early as 1952 when the then Secretary, 'Teddy' Edwards, sought details of the state of the Navigation, commenting that when he had traveled up it in 1946 the third lock was inoperable and the channel was in a poor state. The Secretary of the Brigham Sailing Club recorded their interest in the Waterway and the Club became a Corporate Members of the IWA. Thus a watching brief over the state of the Waterway was maintained. The first major chance to have the navigation restored came in 1959 when the North East branch of the IWA heard that the Hull Corporation was proposing to spend some £197,000 on Improving its water supply via the Canal. At that stage a further £17,000. to pay for one pair of gates at each of four locks and both pairs of gates at one further lock, together with the dredging was all that was required to restore the Navigation. After a long fought campaign, with a petition to the Hull Corporation, the battle was lost on the grounds that to restore the Navigation could lead to the pollution of the Hull Water Supply!!

By June 1964 the prospects for revival looked even more grim. The East Riding County Council made an application for the abandonment of the Navigation on a small section of the Canal under Wansford Bridge, so that they could replace the dilapidated swing bridge with a new fixed structure. The North East Branch of the IWA did what they could to fight the proposal but lack of a formal local canal protection group hampered the task. It appears that the then acting Clerk of the Navigation, Mr. Rennison, agreed to the proposal (although he had no legal authority to act) and the bridge was reconstructed. Thus permanently cutting off the top 2½ miles of the Navigation.

The final blow came in 1968 when the swing bridge above Struncheon Hill lock, called Bethell's Bridge became inoperable. This effectively cut off the section of water used by the two Brigham Sailing Clubs from any large craft that wished to come up stream. One of the sailing Club members, Mr. H. Y. Tailor. wanted to use the bridge and swing it aside to let his vessel through. It would not work. Rather than let matters rest he called a meeting of the sailing club members and other interested parties to form a local action group. Thus the Driffield Navigation Amenity Association was formed. This recognition that some one somewhere has to do something is the driving force behind the work of the Association. It is composed of representatives of the two sailing clubs, the anglers, the Ramblers Association, and several independent members who use the waterway, and a landowner. The IWA is also represented. The main task of the Association has been geared to resolve the problems created by the lack of effective Navigation Commissioners. The Waterway, apart from the navigation works, is well maintained by the Water Authority who are duty bound to keep the channel wide and deep and weed free. They also maintain the banks, although they are not the landowners, as part of their mandate to maintain the drainage of the area. The DNAA has thus not had to organise large working parties or fight battles with the Water Authority to get the channel dredged, but had been faced with the daunting task of finding a way to restore the Navigation Commissioners.

The Way Ahead:

Since the last quorate meeting of the Commissioners in 1949, and the last recorded meeting of the Management Committee in 1952, there had been no effective legal control over the Navigation, to the detriment of the locks, bridges and other navigation works. The bridges at Hempholme and Brigham rapidly deteriorated and were in considerable danger of collapse if used by heavy traffic. As these bridges are essential to the livelihood of the landowners living on the west side of the Navigation, it became essential that effective control over the Navigation was reinstated.

One early possibility of resolving the problem appeared to be a further Act of Parliament. The IWA took Counsels Opinion in 1972 and gained some very useful advice. The Counsel referred to the case of the River Ancholme Drainage Trustees who, in 1921, through lack of numbers, failed to prevent the deterioration of the drainage system. To avert complete disaster the Charity Commissioners appointed additional Trustees. It was suggested that there was a close similarity between the two cases and as such it could be reasonably conceived that the Navigation Commissioners appointed under the 1767 Act were Trustees holding the Navigation under Public Charitable Trust. Under the terms of the 1960 Charities Act it was possible that the Charity Commissioners might feel able to make a vesting order without reference to court. In a later opinion, Counsel suggested that this process could best be developed in two stages. Initially for the Navigation to be registered as a charity, and for the Charity Commissioners to appoint Trustees to protect the assets of the Navigation. Then for the duly appointed Trustees to consider what further action was required. Counsel saw no formal requirements for the full 98 Trustees to be appointed and suggested that a group of about 20 should suffice.

The Driffield Navigation Amenities Association took action on this advice and, after considerable discussion and correspondence, gained agreement of the Treasury Solicitor that he should register the Navigation as a charitable trust. Mr R K Price, the Treasury Solicitor, registered the Driffield Navigation as a Charity on 17th July 1974 (No. 503430) and the Charity Commissioners then started the task of creating the initial body of Trustees. The Driffield Navigation Amenities Association were called upon to suggest the names of suitable persons.