The beach was bought by the Oyster Fishery Company in 1856

The Whitstable Oyster Fishery Company submitted the bill in 2004 to try to vary terms of an original 1793 act which gave them rights over the beach.

The firm said the bill, dropped because of opposition and legal costs, was to enable it to borrow more money and not to do with restricting beach access.

The Ramblers Association and Whitstable Beach Campaign objected to the bill.

We are now forced into a position where we are operating the company on an act which is from 1896 James Green, Whitstable Oyster Fishery Company

An act of parliament in 1793 gave the oyster company powers over the beach and seabed and in 1856 the company bought the beach.

This act was updated again in 1896 and the company said it wanted to update it further to reflect the changing nature of the business.

In particular it said it wanted to alter restrictions on only being able to borrow �40,000 and wanted to trade as a commercial company.

Campaigners have wanted the beach to become publicly-owned and petitioned against the new bill.

'Long time ago'

But James Green, from the oyster company said: "In 200 years, and in the 35 years we have been involved with it, the oyster company has never set to restrict any access on the beach.

"The beach in Whitstable has never been in public ownership - it has been in the crown's ownership and then it was purchased by the oyster company a long time ago.

"It was bought and paid for - it is an asset - it was never given to us.

"We are now forced into a position where we are operating the company on an act which is from 1896."

Nick Dewhurst, from the beach campaign, said: "They were given it (the beach) with very specific restrictions, it had to be within this company and those are the restrictions that should still apply .

"If they want to grow oysters that is fine, and incidently they do not grow them on the beach they grow them out beyond the low water mark, so this does not affect their actual business in any way whatsoever."