Archived decisions

Contact: Merrick Denton-Thompson, ext 6826

1. Summary

1.1 A number of unrelated events have come together at the same time to force changes to the management and administration of the River Hamble. The purpose of this report is to set out the forces of change, describe the consequences and relate progress on how far the changes have developed. An update on the development of the River Hamble Management Plan is also set out for initial consideration.

2. The Crown Estate

2.1 On 1 January 2002 the current lease of the lower reaches of the River Hamble held by the County Council comes to an end. Due to financial controls on local government it has not been possible for the County Council to renew the long term leases of the River from the Crown Estate. As a direct consequence the County Council is relinquishing its interests in the 1,200 moorings it currently licenses out to individuals, boatyards and sailing clubs.

2.2 The County Council, as Harbour Authority, will change its relationship with the Crown Estate as from 1 January 2002. From that date the County Council will:

(i) take out two new 50 year leases of the River Hamble, each at a peppercorn rent, firstly on the Upper Hamble, where no moorings are permitted, and secondly on the rest of the River, where the lease excludes the areas of current moorings but will contain flexibility to reconfigure the moorings on the whole river, which will require periodic adjustment of the leased area. These leases will omit the 1,200 moorings currently licensed out by the County Council;

(ii) enter into a new relationship with the Crown Estate to provide a management service of the 600 moorings currently licensed out to individuals; and

(iii) develop a partnership with the Crown Estate to improve visitor facilities and promote the unique characteristics of the River Hamble.

2.3 The Crown Estate has agreed to be represented on the new River Hamble Advisory Committee.

3. Modernisation of Local Government

3.1 As a result of the Local Government Act 2000 Hampshire County Council chose to adopt the Cabinet and Leader approach to the modernisation agenda. Under the new arrangements services of the County Council will be grouped under individual Executive Members of the Cabinet and decisions on each of the services will now be made by the respective Executive Member. For each group of services there will also be a Policy Review Committee which will scrutinise service delivery. Regulatory functions of the County Council, for services such as development control and rights of way, will continue to have decisions made by committee - the Regulatory Committee of the County Council.

3.2 This new approach came into force on 1 September 2001 and as a result there are a number of implications for the administration of the River Hamble by the County Council as Harbour Authority. These include:

(i) the administration of the River Hamble being moved from the Countryside Service to the County Planning Officer. As a consequence of this, decisions will now be made by the Executive Member for Environment (Councillor Keith Estlin);

(ii) the setting of Harbour Dues and other charges being a Cabinet decision whilst the Executive Member for Environment has a personal interest in the River as a mooring holder;

(iii) the regulatory function of the Harbour Authority being discharged by the Executive Member for Environment;

(iv) The former River Hamble Harbour Management Sub-Committee having a new title - the River Hamble Harbour Management Committee, the Members of which to remain the same but meet less frequently, at twice a year;

(v) the Executive Member for Environment establishing a River Hamble Executive Member's Group, which will meet more frequently at nine times a year;

(vi) a new River Hamble Advisory Committee being established to both formalise the previous user group meetings and widen the range of advice to the County Council in the day-to-day management of the River. The Advisory Committee will also meet twice a year, shortly before the full Management Committee;

(vii) to comply with the requirements of the Harbour Revision Order which established the Harbour Authority, a report being put to the River Hamble Harbour Management Committee before any regulatory decision is made.

3.3 The larger River Hamble Harbour Management Committee will need to approve a framework within which the regulatory functions of the Harbour Authority can be considered by the small Executive Member's Group, which meets far more frequently. The composition of the Executive Member's Group follows closely the proposals that may emerge from the review of Municipal Ports by the Government.

4. Municipal Ports Review

4.1 The arrangements set out in section 3 above may have to be interim arrangements pending the outcome of the Municipal Ports Review. It is possible that further changes will be recommended as a result of this review which may involve a further Harbour Revision Order. The changes may involve the regulatory decisions being made by the Executive Member's Group rather than by a single Executive Member. However, the progress of the review is uncertain and the outcomes cannot at this stage be guaranteed. It was hoped that the Municipal Ports Review would have been completed to coincide with the implementation of the modernisation agenda.

4.2 The Municipal Ports Review has been delayed further by the Government as a consequence of staff shortages resulting from the demise of Railtrack. Previously, the County Council had been informed that a draft review would be out for comment early in the new year (2002), with a conclusion in late summer. It now appears that this timetable will not be met.

5. The River Hamble Plan

5.1 The Harbour Authority is obliged to produce a number of plans for the management of specific issues on the River. The Harbour Authority has also chosen to produce a number of other plans and documents at its discretion.

5.2 To ensure that these individual plans are developed within a common framework, the Harbour Authority has prepared a broad set of aims and objectives for consultation. The consultation process is set to last for six weeks from the middle of November and takes the form of a:

(i) series of public displays; and

(ii) consultation letter to the key organisations with an interest in the River.

5.3 As this consultation is aimed at overarching principles, it is intended that each plan will be put out to consultation individually. This approach is necessary to ensure key elements of the overarching plan can be brought forward to meet the different timetables and availability of scarce professional resources needed to prepare the plans. It will also help those who wish to confine their involvement to specific areas of policy development.

5.4 A handbook, in the form of a pamphlet, is in the process of being produced which will clearly set out the various organisations with a statutory role in the management of the River Hamble, what they do and how they operate. This will be freely available in the new year to help the public.

6. Conclusion

6.1 The changes in the management of the River Hamble are ongoing and the County Council is committed to monitoring and refining where necessary the changes that have been put in place. The County Council welcomes the new relationship with the Crown Estate and hopes that the new Advisory Committee will assist the County Council in the management of the River Hamble.

Recommendation

That this report be noted.

6873/MD-T