AT A MEETING of the RIVER HAMBLE HARBOUR MANAGEMENT COMMITTEE held at the Royal Southern Yacht Club, Hamble-le-Rice on Monday 18 June 2007.
Also present:
Councillor J.V. Bryant, Chairman of the River Hamble Harbour Board and Councillor D. Swanbrow as Chairman of the Harbour Dues Working Group to Report on Item 10 on the agenda.
VICE-CHAIRMAN COUNCILLOR S. WOODWARD IN THE CHAIR
125. APOLOGIES FOR ABSENCE
Apologies for absence were received from Councillor R Ellis and Councillor A Evans.
126. DECLARATIONS OF INTEREST
Members were mindful that, where they believed they had a personal or personal prejudicial interest in any matter to be considered at the meeting, they should normally at the time of the debate declare their interest and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, consider whether to leave the meeting whilst the matter was discussed.
The following Members declared an interest in item 7: Councillor S Woodward declared a personal interest in item 7 due to having a boat moored at Swanwick Marina, Councillor W Pepper declared an interest in this item due to being on Eastleigh Borough Council which would be consulted on the planning application for the project and Mr R Boissier declared a prejudicial interest in this item as he is Managing Director of Premier Marinas who have submitted the application.
The following Members declared a prejudicial interest in item 10 by virtue of paying harbour dues: Councillor S Woodward, Councillor T Cartwright, Councillor Mrs C Bailey, Councillor Mrs C Sutton, Councillor A Broadhurst, Mr J Greensmith and Mr D Alexander. The following members declared a personal interest in item 10: Mr R Boissier and Mr S Bourne.
127. MINUTES
The minutes of the meeting of the Committee held on 16 April 2007 were confirmed as a correct record and signed by the Chairman.
128. CHAIRMAN'S COMMUNICATIONS
The Chairman welcomed Philip Holliday, the new representative on the Committee for Associated British Ports.
The Chairman also indicated to Members that Councillor D Swanbrow was in attendance to report on Item 10 on the agenda as Chairman of the Harbour Dues Working Group.
The Chairman then introduced Members to Ron Meekings, the new officer taking charge of the financial aspects of the River Hamble now it has moved to the Recreation and Heritage department.
The Chairman also welcomed Alison Crang the new Assistant Harbour Master (Environment), and Councillor A Broadhurst who has replaced Councillor R Price.
129. DEPUTATIONS
There were no deputations received.
130. HARBOUR MASTER'S REPORT
The Committee considered the report of the Director of Recreation and Heritage (Item 6 in the Minute Book) on activities, incidents and events on the River since April 2007. The Harbour Master handed round to Members an annex to the report (see Update to the Harbour Masters Report in the Minute book). He went through the report and answered any queries Members had regarding the incidents that had occurred.
Members were particularly concerned that in various cases the Police had been called and did not attend the scene. The Harbour Master indicated that there were three Police Community Support Officers (PCSOs) in the Hamble/Warsash area, however it was difficult for them to find the time or be able to reach the scene in time. Members discussed the possibility of the Harbour Authority paying for a designated River Hamble PCSO, however it was felt that there would not be enough work for them to do to justify this. Another option considered was to get the current River Hamble Patrol Officers trained as PCSOs. The Harbour Master agreed to discuss this with the Police.
Members also suggested that it may be helpful if a member of the Police could attend a future meeting of the Management Committee to provide advice regarding the anti-social behaviour issues experienced on the River Hamble. The Marine Director agreed to follow up this possibility. The Harbour Master also informed members that arrangements had been made through the Police and the Coast Guard for talks to be held in schools before the school summer holidays, regarding the dangers associated with the River.
Regarding 4.26 the Chairman updated Members, indicating that Fareham and Eastleigh Borough Council had agreed a bylaw to prevent people jumping from the road bridge into the River. It was hoped to have this in place by the end of July, which would then mean the Police would have the power to do something about it in future.
RESOLVED:
That the report be noted.
131. PLANNING CONSENTS APPLICATION SWANWICK MARINA
The Committee considered the report of the Director of Recreation and Heritage (Item 7 in the Minute Book) on the application for Harbour Works Consent by Premier Marinas to modernise Swanwick Marina and Boatyard.
The Harbour Master indicated an amendment to the report on page 2 section (iii) such that the piling works would be undertaken between 16 September 2007 and 31 March 2008. This change applies to any other reference in the report to the dates for the piling works to be undertaken. The Harbour Master went on to summarise the application to members, drawing their attention to the conditions attached to the recommendation. He informed members that if any further Environmental Assessments were required and the results indicated an issue, an appropriate condition would be added to the works consent.
The Chairman noted that Premier Marinas had done a very good job of consulting local residents and interested parties. A Member enquired regarding the fact that it was noted in the report that no responses to the consultation were received. The Harbour Master indicated that this was because no problems were anticipated to result from the planned works.
Members discussed the proposed works and agreed that they were happy with what Premier Marinas intended to do, and therefore
RESOLVED:
That the River Hamble Harbour Management Committee advises:
That the River Hamble Harbour Board grants Conditional Harbour Works Consent allowing Premier Marinas (Hamble Limited) to proceed with the proposed Harbour Works referred to in the following drawings (which are attached to the report as Annex 1):
(i) Broadway Malyan Swanwick Marina Coloured Masterplan.
(ii) Broadway Malyan Drawing 2449502_001 Swanwick Marina Site Boundary Masterplan.
(iii) Broadway Malyan Drawing 24495_02000 Swanwick Marina Site Boundary Existing Site.
(iv) Walcon Drawing M1661-302 Swanwick Marina Pile Layout.
(v) A2 Walcon Drawings Pontoon and Pile Locations.
(vi) Walcon Drawing M1661_303 Swanwick Marina Pontoon Layout.
(vii) Hamill Davis Drawing 07-813-100-P1 Swanwick Marina Existing River Condition Survey.
(viii) Hamill Davies Drawing 07-813-110-P1 Swanwick Marina Existing River Wall Layout.
(ix) Hamill Davis Drawing 07-813-111-P1 Swanwick Marina Proposed River Wall Layout.
(x) Hamill Davis Drawing 07-813-120-P1 Swanwick Marina River Wall Construction Details.
(xi) Hamill Davis Drawing 07-813-115-P1 Swanwick Marina Cross section Sheet 4.
(xii) Hamill Davis Drawing 07-813-114-P1 Swanwick Marina Cross Section Sheet 3.
(xiii) Hamill Davis Drawing 07-813-113-P1 Swanwick Marina Cross Sections Sheet 2.
(xiv) Hamill Davis Drawing 07-813-112-P1 Swanwick Marina Cross sections Sheet 1.
With the following conditions:
(i) That an Appropriate Assessment `ascertains no adverse effect on the integrity' of the European sites;
(ii) All other required consents must be in place with copies of such consents supplied to the Harbour Authority prior to commencement of the works;
(iii) To avoid salmon migration times, the piling works to be undertaken between 16 September 2007 and 31 March 2008. During that period the piling works must cease if notification of fish movements is received from the Environment Agency. The Environment Agency must be notified when work on the site commences;
(iv) Premier Marinas (Hamble Limited) to establish and be responsible for all maintenance of navigation lights as shown on the Walcon drawing M1661-303;
(v) Berthing on the outer face of the marina to be restricted to two boats at any one time and vessels larger than 12 metres LOA not to be moored on the upstream pontoon outer face hammerhead, thus ensuring that the main channel is not restricted;
(vi) Premier Marinas (Hamble Limited) are to supply to the Harbour Office details of their fuel storage licence, risk assessment, pollution prevention and response plan, fire action plan and training for the fuel jetty staff.
(vii) Premier Marinas (Hamble Limited) are to ensure that all vessels in the marina display a valid Harbour Dues sticker and that all vessels launched, either for dry-sailing, brokerage or transit, display an appropriate sticker;
132. RIVER HAMBLE FINAL ACCOUNTS 2006/07
The Committee considered the report of the County Treasurer and Director of Environment (Item 8 in the Minute Book) regarding the final accounts of the Harbour Authority for the year ended 31 March 2007.
The County Treasurer introduced the report and explained to Members the background to the current financial situation. He informed Members that two years ago the account was in deficit and that a three year plan had been devised to meet the debt. He explained that this had been met earlier than anticipated and the account was in surplus by £65,000 this year. As the account was in surplus it was necessary to review the budgets to manage them appropriately.
The County Treasurer went on to explain to Members that the River Hamble Harbour Board had recently agreed to manage the reserves of the Harbour Authority on a more pro-active basis, including setting aside monies to form an enhancement reserve. He drew members attention to the appendix to the report on page 13 which showed the new reserves system.
Members queried if the reserves were ring fenced for the specific use of the Harbour Authority and enquired regarding the maximum allowed to build up in reserves. The County Treasurer confirmed that the reserves technically belong to Hampshire County Council, but that they were earmarked for the River Hamble. He explained that the enhancement reserve was a one off sum and once used up would not be replaced under the current policy. The revenue reserve is capped at 10% of income. The replacement reserve would fluctuate depending on when assets were replaced, and the replacement reserves policy would be reviewed every five years to reassess replacement projections.
RESOLVED:
That the River Hamble Harbour Management Committee notes the report and advises that it should be approved by the River Hamble Harbour Board.
133. ANNUAL FORUM - NOTE OF PROCEEDINGS
The Committee considered the report of the Director of Recreation and Heritage (Item 9 in the Minute Book) on the River Hamble Harbour Authority Annual Forum held on 27 March 2007. A Member enquired regarding whether the Marine Director had met with those present at the Forum who had requested an individual meeting. The Marine Director confirmed that an invitation had been extended to all those who had asked to do so, but not all had taken place yet.
RESOLVED:
That the River Hamble Harbour Management Committee notes the report and advises that it be passed to the Harbour Board for consideration.
At this point, those Members who had declared a prejudicial interest in the following item withdrew from the meeting. The following members remained: Councillor G Hockley, Mr R Boissier, Mr S Bourne, Mr P Holliday, Councillor D Blampied, Councillor A Rice, Councillor W Pepper.
COUNCILLOR G HOCKLEY IN THE CHAIR
134. REPORT OF THE HARBOUR DUES WORKING GROUP
The Committee considered the report of the Chief Executive and Chairman (Item 10 in the Minute Book) regarding the conclusions reached by the Harbour Dues Working Group. Councillor D Swanbrow, who Chaired the group, introduced the report. He explained to Members that the group agreed that all mooring holders made equal use of the safety features on the River, and therefore should pay equal harbour dues. The group had noted that the number of incidents caused by mid-steam moorings was minimal, and therefore felt that charging extra for these was un-justified. The group further decided to allow a 10% discount to marina mooring holders in recognition of the fact that the administration for these moorings is done by the marinas. The group had agreed to phase in the new arrangements over a period of five years.
A Member commented that the formula used for judging the useable area of pontoons (and therefore the area to charge harbour dues for) had recently changed. The Harbour Master indicated that he was not aware of this and requested that a copy of the new code of practice be provided to the Harbour Master's Office.
Some Members argued that the reduction for marina mooring holders should be greater than 10%. The Marine Director responded that the Harbour Master's Office provides assistance to all river users regardless of where they are berthed. A Member also commented that marinas were being adversely penalised by being charged by length of pontoon rather than length of boat. The Marine Director explained that the harbour dues charge was made once a year for the whole year, therefore charging by length of pontoon would be less than the charge by boat if the same mooring was let to different boats during the year.
A Member also indicated that marina operators had not been consulted during this round of the working groups discussions. The Marine Director responded that the process had been ongoing for two years and that during that period there had been a lot of consultation, and that it was therefore not necessary to draw out the process any further to consult again.
The Marine Director confirmed that the rate for dry-sailed boats under 6 metres in length overall would remain at £5 per meter per year or £4 per day, and that there would be no charge for canoes.
Having discussed the proposals, members voted on the recommendations and the resolution was passed as follows
RESOLVED:
That the River Hamble Management Committee advises the Harbour Board as follows:
(i) That after a period of five years from implementation, harbour dues should be set at the following levels, based on 2007 prices, with annual adjustments made in five stages to reach this point:
(ii) All Crown Estate mid-stream moorings: Annual harbour dues to be £17.82 per metre (or part thereof)
(iii) All marina berthed vessels and those on mid-stream moorings operated commercially (including yacht clubs): Annual harbour dues to be £ 16.20 per metre (or part thereof), calculated in accordance with the Yacht Harbour Association formula where appropriate.
(iv) All dry-sailed and trailer sailed vessels over 6 metres length overall (LOA): Annual harbour dues to be £16.20 per metre (or part thereof)
(v) Harbour dues for dry-sailed and trailer-sailed vessels under 6 metres LOA: No change to current arrangements.
(vi) That annual increments (at a rate to be agreed separately by the Harbour Board) be applied to these figures for 2008 and subsequent years.
(all prices quoted include VAT at 17.5%)