AT A MEETING of the RIVER HAMBLE HARBOUR BOARD held at Sarisbury Green Community Centre, Sarisbury Green on Friday 20 July 2007
PRESENT
Hampshire County Council
p Councillor J.V. Bryant
p Councillor K. Evans
p Councillor K. House
Independent Members
p Mr. T. Lovell
p Mr. C. Moody
p Dr. S. Tomson
Marine Director
p Mr. D. Evans
Also Present
Captain M. Capon, Designated Person (Port Marine Safety Code) and Tony Clatworthy, Harbour Master.
150. APOLOGIES FOR ABSENCE
No apologies were received, all members were present.
151. 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 is discussed.
Dr. S. Tomson declared a personal interest as a Member of the Royal Southern Yacht Club and as a mooring holder, Mr D. Evans declared a personal interest as a mooring holder and boat owner, and Mr T. Lovell declared a personal interest as a Member of the Royal Southern Yacht Club and as a mooring holder. Mr C Moody declared an interest as Chairman of the Marina Operators Association. Councillor K House declared a personal interest due to being a member of Eastleigh Borough Council and Hamble Parish Council, Councillor K Evans and Councillor J V Bryant declared interests due to being on Fareham Borough Council.
152. MINUTES
The Minutes of the meeting of the Board held on 18 May 2007 were confirmed as a correct record and signed by the Chairman.
153. CHAIRMAN'S COMMUNICATIONS
The Chairman updated the Board regarding the Governance Review, indicating that the contents of the report by Royal Haskoning had been carefully examined and that the recommendations would be fully considered by the Leader of the County Council at the end of the month. Furthermore, at the same time the opportunity would be taken to consider any implications of the Trust Port Study Group report as it may relate to those recommendations. The County Council's response would be shared with the Board and Management Committee at their autumn meetings.
The Chairman went on to remind members that the Revised Code of Conduct for members was approved by County Council on 12 July.
The Chairman also welcomed Alison Crang, the new Assistant Harbour Master (Environment) to her first meeting of the Board. He also thanked Tom Niedrum (Treasurers department) for all his hard work over the years, as it was his last meeting of the Board.
The Chairman then gave notice to members that there would be a workshop in September for members of the Board, date to be confirmed.
154. DEPUTATIONS
A Deputation was received from Colin Brookes, Chairman of the River Hamble Mooring Holders Association, regarding Item 12 on the Agenda, the report of the Harbour Dues Working Group. Mr Brookes indicated that his Association supports the proposals outlined in the report, however they questioned why the new system should be phased in over five years instead of at once and in full.
155. REPORT OF THE HARBOUR DUES WORKING GROUP
The Board considered the report of the Chief Executive and Chairman (Item 12 in the Minute Book) regarding the work of the Harbour Dues Working Group. The Chairman of the working group, Councillor D. Swanbrow, introduced the report.
Councillor D. Swanbrow reported that the Harbour Dues Working Group had questioned why there were different charges for different moorings, considering that every boat uses the navigation system on the River and receives help from the Harbour Master's Office. The Group considered the Harbour Master's incident reports, and noted that only 4 out of 42 incidents in the past few months involved mid stream moorings, and on 3 occasions there were incidents related to marinas. Therefore this suggested that mid-stream moorings did not create sufficient extra work for the Harbour Master to justify the higher fee. The group therefore decided all moorings should pay the same harbour dues.
However, it was noted that the marinas do the administration (in terms of collecting harbour dues) for marina moored boats, which saves the Harbour Master's Office from doing this, therefore it was felt to be reasonable to establish a 10% differential to recognise this. To reduce the impact of these changes, the Board agreed to phase them in over the course of 5 years.
The Board considered the point raised in the deputation regarding bringing in the new system at once instead of over five years. The Marine Director demonstrated the financial impact to mooring holders, illustrating that if the system were brought in gradually, the charge for marina berth holders next year would go up from £13.84 (assuming a normal increase of RPI + 1%) per metre to £14.70 (under new rules), whereas if the change was implemented in one year, the charge would go up from £13.14 per metre (charge now) to about £17.20 (under new rules). The Marine Director added that phasing in the system would not have a significant financial impact (in terms of creating a profit or loss) and that the administration involved in managing a gradual transition was minimal. Despite the small sums involved, it was suggested that the increase for marina berth holders if the system was brought it at once would be sufficiently significant that it would be preferable to soften the change by bringing it in over five years.
Members queried the figure of a 10% reduction to marina berth holders to cover the administration done by the marinas. It was questioned whether if the Harbour Master's Office had to collect the Harbour Dues instead, if the 10% of Harbour Dues would cover the extra cost. The Marine Director suggested that given the income received from marinas, this would cover the extra administration costs.
Mr Moody suggested that if the marinas didn't collect harbour dues, this would make collecting harbour dues more onerous for the Harbour Master's Office. However it was noted that if the cost of collecting Harbour Dues went up, then the Dues for all mooring holders would have to go up to accommodate this.
Dr S Tomson indicated that she supported the report and endorsed the proposal to charge everyone the same harbour dues. She further suggested that potentially all moorings could be charged the same harbour dues, including marina berth holders, but the marinas could keep 10% to cover their administration costs.
Mr T Lovell also supported the proposal, indicating that he approved of the equalising of the rates and the 5 year gradual introduction.
Members with prejudicial interests in this item left the room after speaking, and the following members remained to take the decision: Councillor J. V. Bryant, Councillor K. House and Councillor K. Evans. After a brief discussion, the Board
RESOLVED:
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:
(i) All Crown Estate mid-stream moorings: Annual harbour dues to be £17.82 per metre (or part thereof)
(ii) 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.
(iii) 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)
(iv) Harbour dues for dry-sailed and trailer-sailed vessels under 6 metres LOA: No change to current arrangements.
(v) 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%)
156. HARBOUR MASTER'S REPORT
The Board considered the report of the Director of Recreation and Heritage (Item 6 in the Minute Book) regarding activities and events on the River since April 2007. The Harbour Master explained that he had met the Police Inspector from Park Gate to discuss the issue of Police response to incidents related to the River Hamble. The Inspector informed the Harbour Master that unfortunately the police have other priorities. However, the Harbour Master indicated that he had also discussed the issue with local Police Community Support Officers and they had agreed to try to monitor the situation. The Harbour Master added that efforts were being made to make the area by the bridge less hospitable to discourage youths from hanging around. The Chairman suggested that if the River patrol requested incident numbers when they reported incidents, they would get recorded more thoroughly by the police.
Regarding point 4.19, Captain M. Capon enquired whether the procedures referred to had been agreed. The Harbour Master confirmed that the fishermen had agreed, but Warsash Sailing Club had made a non-committal response, and unfortunately the Harbour Master's Office does not have the power to make them conform.
Captain Capon reported to the Board regarding the Port Marine Safety Code Audit, indicating that no major problems had been found, just a few minor areas that could be tidied up. He suggested that the River Hamble would be well placed if it were audited externally. The Harbour Master's notes added to the report indicated that he had dealt with the issues raised. The Chairman congratulated the Harbour Master's Office for doing a very good job.
Captain Capon noted that the Maritime and Coastguard Agency were seeking Harbours to volunteer to be visited, for them to learn about auditing, and with the consent of the Harbour Master the River Hamble would be put forward as a good example for them to visit.
RESOLVED:
That the report be noted.
157. MINUTES OF THE MEETING OF THE MANAGEMENT COMMITTEE HELD ON 18 JUNE 2007
The Board considered the minutes of the River Hamble Harbour Management Committee held on 18 June 2007 (Item 7 in the Minute Book) and noted the recommendations made that were relevant to Items on this agenda.
RESOLVED:
That the minutes be noted.
158. PLANNING CONSENTS APPLICATION SWANWICK MARINA
The Board considered the report of the Director of Recreation and Heritage (Item 8 in the Minute Book) regarding the Planning Consents Application by Swanwick Marina. The Harbour Master introduced the report, and indicated that condition (v) of the recommendations should be amended, as raised by the deputation, to one boat not two. He also explained that if an appropriate assessment were required (see condition (i)), this would be completed by the relevant lead competent authority. This assessment might have consequences for the conditions of the consent, and if so the decision would be brought back to the Board. However, consent was required at this stage to move the application forward.
Councillor Evans withdrew from the meeting for this item due to a personal interest.
Members noted that various elements of the plans represented significant improvements in terms of safety and environmental concerns, and that the plans would not have an adverse impact on navigational safety. It was also noted that the developer had undertaken consultation, and no comments had been received.
Dr S. Tomson queried whether the boat limit of 393 allowed in this marina should be reviewed given this new development. The Harbour Master indicated that the meterage available for mooring boats in the marina remained more or less the same, therefore this was not considered an issue. However, it was acknowledged that this does raise the issue of whether capacity should be judged by meterage instead of boat count. He reported that research was underway into the capacity issue.
The Marine Director noted that the developer did the consultation in this case, which saved time for the Harbour Master's Office. The Chairman expressed his thanks to the developer for undertaking a good consultation.
Mr Moody commented that unless local authorities were more understanding, there would ultimately only be one owner operating on the River. He abstained from the vote. The remaining members
RESOLVED:
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 this 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 all outer face hammerheads of the marina to be restricted to one boat deep (i.e. no rafting out) and vessels larger than 12 metres LOA not to be moored on the upstream hammerhead, jetty E, thus ensuring that the main channel is not restricted at the entrance to Bursledon Pool.
(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;
159. RIVER HAMBLE FINAL ACCOUNTS 2006/07
The Board considered the report of the County Treasurer and Director of Environment (Item 9 in the Minute Book) regarding the final accounts of the Harbour Authority for the year ended 31 March 2007. The report was introduced by the County Treasurer, who explained that the context of the report was that the River Hamble account was in deficit a few years ago, and the Harbour Authority undertook a plan to bring it back to credit in 3 years. This goal had now been achieved as this year there was a £65,000 surplus. Now the Harbour Authority was in credit having completed this recovery plan it could now look to the future.
The County Treasurer drew members attention to the fact that Appendix 2B to the report showed the transfer of reserves from the old system to the newly agreed system. Members noted that it was important to hold a workshop to decide what to do with the enhancement reserve, as the public would question why such a sum was being saved up if there was no plan in place for it. However, members affirmed their attitude that having reserves available for enhancing the River was a good thing.
The County Treasurer also informed members that the River Hamble reserves, while technically part of the County Council finances, were more protected than any other reserves within the Council and therefore highly unlikely to be used by the Council for other things.
RESOLVED:
That the report be noted.
160. ANNUAL FORUM - NOTE OF PROCEEDINGS
The Board considered the report of the Director of Recreation and Heritage (Item 10 in the Minute Book) regarding the River Hamble Harbour Authority Annual Forum held on 27 March 2007. The Marine Director reported that meetings have been offered to all those that requested them, however not all have taken place as yet. Regarding the cycling on the footpath query, it was noted that the Head of Countryside from the Recreation and Heritage Department had responded to this.
RESOLVED:
That the report be noted.
161. GLOSSARY OF TERMS - CHANNELS
The Board considered the report of the Director of Recreation and Heritage (Item 11 in the Minute Book) regarding the proposed Glossary of Terms (Part 1) to accompany the `Strategic Principles to Guide Development on the River Hamble' document, together with Part 2 which defines the various different types of channel in the River.
The Harbour Master explained that regarding the channel issue, on the attached plans the blue part was the main channel, the red parts were `access' channels giving access to moorings, marinas etc, and the green part indicated a `secondary channel'.
It was noted that the distinction between `secondary' and `access' channels was controversial and different people had different opinions on the subject. The Marine Director reported that there had not been formal consultation on this issue, though there had been consultation with other Harbour Master's and relevant professionals. This consultation had resulted in a definition of a secondary channel being understood to mean somewhere that met the following conditions: allows boats to pass and access moorings, to have sufficient depth for average boats, to have an entrance and an exit and to lead somewhere. The parts of the River that met this description were then allocated as secondary channels.
It was noted that the objective behind defining channels was to clarify the situation to assist with considering planning consents. Members suggested that it would be helpful to do further consultation of interested parties on this issue, and to ensure that a colour version of the plans showing the proposed channels be available to the public.
Regarding Part 1, the Glossary of Terms, some amendments were made to the following: item 36 `Minor Channel' to be removed. In 34 and 35 `land' and `shore' to be changed to one for consistency, in 38 `the same length' to be changed to `a single length'. In 40 to take out `floats at high tide and'. In 51 to remove reference to what the boat is used for.
RESOLVED:
That Part 1 be agreed subject to the amendments noted above.
That Part 2 be deferred to enable further consultation.