Residents in one of Britain’s most affluent coastal enclaves say they have scored a significant breakthrough after a lawyer argued they may have the right to use a fenced-off stretch of exclusive beachfront.
The dispute began last summer when a 40ft wooden barrier was erected at one end of a beach in Sandbanks, Poole, Dorset, long viewed by locals as open to the public.
The structure, branded an “eyesore” by critics, was installed alongside stern notices declaring “private beach” and warning that “trespassers will be prosecuted”, as well as a motion-sensor security camera.
Locals described the move as a “land grab” by millionaire insurance entrepreneur Ian Penfold, 59, and his wife, Camila, saying it ended more than eight decades of public access along Sandbanks’ northern shoreline.
While a council officer previously indicated the contested sand was privately owned, frustrated residents pooled funds to instruct a leading planning barrister to examine whether the foreshore was legally public or private.
Following months of investigation, barrister Merrow Golden has concluded there is a credible argument that the public does have access rights to the beach.
She also argues that the boundary of the private land stops at the mean high water mark, meaning any section of fencing beyond that point should be taken down.
The Sandbanks Community Group (SCG), which is leading the campaign, is now hoping the fence’s owner will agree to reduce its footprint or remove it altogether.
Sandbanks residents have been shut off from the beach after an ‘oppressive’ timber fence was erected at the edge of Mr and Mrs Penfold’s property
The so-called ‘land grab’ by a millionaire insurance tycoon and his wife along Sandbanks’ northern shore put a stop to more than 80 years of public access to the beach there (fence circled)
The ‘eyesore’ structure was accompanied by officious signage stating ‘private beach’ and ‘trespassers will be prosecuted’ along with a security camera with motion sensors
If they don’t they say, with confidence, they will apply to have the public right of way legally registered so they will be able to take action with the law behind them.
However, it was previously reported that residents living in the exclusive Horseshoe cul-de-sac that leads directly out to the sea claim it’s the homeowners who own the beach and seafront, therefore there is no right of way.
A residents meeting was recently held where it was decided to approach the owners of the fence and respectfully ask them to take it down.
For their part, the residents of Sandbanks will commit to using the foreshore in a respectful manner in the future.
Alan Lester, a retired barrister specialising in commercial law, is the secretary of the SCG.
He said: ‘There was a feeling of relief at the meeting and a round of applause when we discussed the findings of counsel’s report.
‘The landowners in question were invited to the meeting but they did not attend so we don’t know what their current position is.
‘We can establish a public right of way there going back to when the land was sold decades ago by Lord Wimborne.
‘Counsel has found evidence that it was his intention that the foreshore be kept open in case of need for flood defence work to be carried out.
‘So if needed, we will register it as a protected right of way.
‘What is clear is that any structure erected on the beach which can only be sensibly traversed by getting one’s feet wet in sea water has to be removed.
‘If that happens then you have to ask what is the rest of the fence doing there as it serves no purpose and is an eyesore yet is causing no end of trouble.
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Ian Penfold, 59, a millionaire insurance tycoon sparked a furious row with dog walkers by fencing off the beach outside his £3.5million Sandbanks home
‘It is hoped the more aggressive signage, particularly expressly or impliedly relating to land over which there may be public access rights, will be removed and any surveillance equipment, if it has to remain, does not cover any land to which the public may have access.
‘So far as the private land owners are concerned, there must be a mechanism clearly delineating where the public is allowed access following a negotiated agreement.
‘I would hope that this can be done over the summer and that we get an agreed resolution by the end of August.
‘If the landowners carry on disputing it could take a year to get the registration.
‘In the meantime we urge people not to take matters into their own hands to remove the fence themselves.’
The sandy foreshore behind the multi-million pound mansions of The Horseshoe had been a favourite spot for sea swimmers and dog walkers, especially at sunset.
But after the fence and signage went up people have been put off from going there.
One woman who walked along the shore claimed one homeowner told her to get off the beach as it was private property.
Sue Spencer, 75, said: ‘I have owned a property here since the 1980s and you have always been able to walk all the way down the beach.
‘There was never an issue with any of the homeowners before.
‘They say it is a private beach. It is not private, it never has been. They want it to be private and that is why this fence and these signs have gone up.
‘I was confronted by one of the homeowners. They told me to get off the beach as it was private and that they had a camera on me.’
After the fence went up last year one homeowner along The Horseshoe said: ‘How would you like it if members of the public walked through your back garden?’
Mr and Mrs Penfold declined to comment about their decision to erect a new fence and enhanced security measures blocking access to the beach, when last approached for comment.
Mrs Penfold said simply: ‘We don’t even want to talk about it.’
Mr Penfold made his fortune with his firm A-One Insurance, which he started from scratch in 1993 and now has an annual turnover of more than £20million and a staff of 95.
The couple married at a lavish wedding ceremony held at Lulworth Castle in December 2021 and previously lived in Wimborne, Dorset, before buying a beach-front home in Sandbanks for £3.5million in May 2024.
One of their neighbours explained: ‘This is a private beach. The owners of each of the properties have bought the beach and the foreshore, that is the land exposed when the tide goes out, so there is no right of way.
‘We, like all the other owners, own the land, the beach and part of the sea directly behind our homes.
‘We do get people walking their dogs at low tide past our houses, but they don’t have a right to be there. This is private land.’
However other neighbours accused Mr and Mrs Penfold of going too far – by erecting a new fence and putting up aggressive signs.
One told the Daily Mail: ‘It all seems a bit silly to me. We had all this out with the council about two years ago.
‘They ruled that there was no right of way on the beach and that the footpath, Footpath 82, only led down to the beach, not along the beach past our houses.
‘It’s a petty little squabble, if you ask me.’
At the time, Bournemouth, Christchurch and Poole Council did not want to issue a statement about the matter, claiming that it was a ‘private dispute between residents and the landowner’.
However, John Challinor, a local Conservative councillor, said: ‘I understand people wanting to retain the access they have had for years.
‘It seems the fence is trying to establish a line and it does give the impression it is restricted access.
‘But I can also understand that people have spent a lot of money on their properties and they aren’t going to want to have members of the public wandering into their gardens.’
