Hampshire County Council
River Hamble Harbour Board
18 May 2007
Harbour Authority Works Consents - Administration Procedure
Report of the Director of Recreation and Heritage
1.1 The attached document: `River Hamble Harbour Authority Works Consents Administration Procedure' sets out the procedure to be followed by the Harbour Authority when dealing with applications for consent to carry out works in the harbour.
That the document `Harbour Authority Works Consents - Administration Procedure' be approved by the River Hamble Harbour Board.
3.1 Section 48 of the Southampton Harbour Act 1949 states that "it shall not be lawful without the consent in writing of the Board, signed by the Clerk, to construct, erect, bring forward, or retain any quay wall or other work or any part of such work on the bed on either bank or shore of the River Hamble...." The attached appendix sets out the draft Harbour Authority Works Consent Administration Procedure to be used when processing all applications for such consent. It takes account of the safety of the River Hamble, the quality of services and facilities provided to River users and the protection of the environment of the River.
4. Impact Assessments
4.1 This report covers administrative procedures which have no bearing on equality of access to the services provided by the Harbour Authority so an Equalities Impact Assessment has not been completed.
5.1 This administration procedure is an important part of the work of the Harbour Authority and requires approval by the Harbour Board for that reason.
Section 100 D - Local Government Act 1972 - background papers
The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.
NB the list excludes:
Documents which disclose exempt or confidential information as defined in the Act.
1. The following is an outline of the process to be followed by Harbour Office staff when dealing with applications for Harbour Authority Works Consent. The procedure aims to:
(i) Ensure that the developer's confidentiality is preserved in the early stages.
(ii) Ensure that appropriate River users and other interested parties are consulted prior to carrying out the Risk Assessment, as required by the Port Marine Safety Code.
(iii) Ensure that the Harbour Master is able to respond, on a purely factual basis, to requests for information from other agencies involved in the marine works consent process prior to a formal Harbour Board decision.
(iv) Ensure that River users and other interested parties have every opportunity to consider proposals and to express their opinions to the Management Committee and Harbour Board, either in writing or in person.
2. The procedure to be followed is:
(i) Initial contact with Harbour Office made by developer, to discuss process and feasibility. Developer given details of Streamlined Consents Group1 and meeting dates, and given option to attend.
(ii) File opened (confidential at this stage).
(iii) Developer advised of dates of forthcoming Management Committee and Harbour Board meetings (information also available on Harbour Authority website). Latest date for formal applications to be 15 working days before next Management Committee meeting.
(iv) Developer makes formal application to Harbour Authority, to include:
(a) Completed application form.
(b) Dated and numbered drawings showing the full extent of the proposed works and surrounding area, with one copy in A3 or smaller for inclusion in reports to the Management Committee and Harbour Board. If the applicant only supplies drawings larger than A3, a supplementary charge will be made to cover the cost of reduction.
(c) Details of any organisations or individuals who have been consulted by the developer prior to application, to include names, addresses, nature and outcome of consultation.
(d) Any other supporting documentation, such as: letters of support or objection from organisations or individuals consulted; photographs; traffic flow diagrams; environmental reports; hydrological reports.
(v) On receipt of the formal application, the details will be posted on the Harbour Authority website, using the description of works provided by the developer and stating when the application will be considered by the Management Committee and Harbour Board. At this stage, the application ceases to be confidential.
(vi) Marine Director (MD), Harbour Master (HM) and Assistant Harbour Master (Environment) (AHM (Env)) meet to agree any specific requirements for handling the application. Notes to be taken detailing actions, responsibilities and timescales.
(vii) Plans measured and appropriate fee calculated, including payment for Notices to River Users (NtRUs). Invoice sent to applicant. Application will not be considered by the Management Committee or Harbour Board unless the fee has been paid at least 5 working days before the appropriate Management Committee meeting.
(viii) HM prepares file for viewing in the Harbour Office to include:
(a) Copy of application and supporting documents.
(b) Receipt for fee (when paid).
(c) Relevant plans and drawings.
(d) A register on which to record the name (and organisation represented, if any) date and signature of those who have viewed the file.
(ix) HM and/or AHM (Env) consult as required with appropriate statutory and non-statutory consultees. Comments made during these consultations will be included in reports as appropriate. Where Harbour Authority comments are sought by other consenting agencies and bodies with deadlines prior to the next available Management Committee and Harbour Board meetings, comments should be limited to statements of fact, as agreed by MD, HM and AHM(Env), making it clear that it is an officer comment that is being given and does not indicate the likely outcome of the Harbour Authority works consent process.
(x) If a new or revised risk assessment is required, the HM notifies appropriate River users and other interested parties and consults with Management Committee Members in writing to seek River users and other interested parties input.
(xi) HM writes risk assessment and draft report for formal consideration by Management Committee and Harbour Board. Report to include relevant scaled down drawings or plans, and the outcome of the consultations at (ix) and (x) above.
(xii) Draft report and risk assessment agreed by Departmental Senior Management Group and Departmental Management Team members and circulated for Management Committee Chairman's Briefing.
(xiii) Final report circulated to Management Committee Members, with drawings and any other supporting documents received. Reports added to viewing file in Harbour Office.
(xiv) Deadline for receipt of letters of support and /or objection to be 4 working days before Management Committee and Harbour Board meetings, so that they can be copied and circulated to Members at least 3 working days before their respective meetings (all letters received in time for the Management Committee will also be passed to Harbour Board Members).
(xv) Deputations (if any) received and report considered by Management Committee. Advice and recommendation passed to Harbour Board (either as Minutes or as a separate report).
(xvi) Deputations (if any) received and report (including any written deputations) considered by Harbour Board.
(xvii) Decision of Harbour Board, including conditions, communicated to developer and appropriate agencies in writing by HM.