Archived decisions

Contacts: Merrick Denton-Thompson, ext 6826/

Richard Exley, tel 01489 576 387

1. Summary

1.1 This report reminds Members of the statutory responsibilities of the Harbour Authority for the safe management of the harbour and introduces a proposed new working partnership with the Crown Estate.

1.2 Anticipating an evolving programme of change in the management and operation of the Harbour Authority, the report recommends that the Executive Member, in consultation with the River Hamble Executive Member's Group, be given delegated powers to effectively expedite the management of the River and to respond promptly to all issues, applications and consents.

2. Introduction

2.1 There is now a rapidly evolving programme of change in the management and operation of the Harbour Authority, brought about by:

(i) the modernisation of local government;

(ii) the municipal ports review;

(iii) the renegotiation of the Crown Estate lease; and

(iv) an investment partnership with the Crown Estate.

2.2 A report elsewhere on the agenda entitled `Modernisation and Changes to the Administration of the River Hamble' briefs Members on these changes and on a new management and advisory structure for the effective future management of the Harbour and its environs.

2.3 The last five years have also seen the implementation of various new pieces of legislation, especially environmental legislation, that together with the reviews of existing legislation and the resulting codes of practice and plans have had a significant effect on the management and operation of the River, impacting on budgets and reserves:

(i) Nature 2000 - Designation as a Special Area of Conservation;

(ii) Port Marine Safety Code;

(iii) Merchant Shipping (Oil Pollution Preparedness, Response and Cooperation Convention) Regulations 1998; and

(iv) Port Waste Regulations 1998;

together with the implementation of:

(v) revision of Health and Safety lone person working arrangements; and

(vi) European working time and minimum pay directives.

2.4 The former River Hamble Harbour Management Sub-Committee responded to these challenges, and the Harbour Authority is well advanced in the preparation of the many plans required, together with implementation of reviews and codes of practice. This is in addition to a comprehensive restructuring of staff, undertaking staff training and a significant phased investment in modern equipment, minimising maintenance.

2.5 The pace of this change as plans near completion is accelerating, and in November 2000 Members considered it necessary to form a core group, meeting monthly to discuss in great detail the plans, proposals and policies being prepared, to bring forward considered recommendations to the Committee and to set realistic objectives.

2.6 The River Hamble Harbour Revision Orders of 1969 and 1982 describe the constitution of the County Council's Harbour Authority and the powers of the former River Hamble Harbour Management Sub-Committee assigned by "committee of the Council to which the Council have for the time being delegated their powers, functions and obligations under this order".

2.7 In practice, the former Harbour Management Sub-Committee, as a Sub-Committee of the Recreation and Heritage Committee, made recommendations to the Recreation and Heritage Committee for that Committee's approval. Under the modernisation of local government programme, the Recreation and Heritage Committee has effectively been replaced by the Executive Member, whose decisions may be subject to scrutiny by the Policy Review Committee and appeal to the Cabinet.

2.8 The following sections summarise both the Harbour Authority's statutory role and those proposals, plans and projects to be undertaken. The report outlines the Committee's established policies and sets objectives or policies for the future.

3. Statutory Duties

3.1 The statutory powers of the Harbour Authority and of the Harbour Master are derived from a number of Acts of Parliament:

- Harbour, Docks and Piers Clauses Act 1847

- Merchant Shipping Act 1894

- Harbour Act 1964

- Merchant Shipping Act 1979

- Dangerous Vessels Act 1985

- Aviation and Maritime Security Act 1990

- Merchant Shipping Act 1995.

3.2 These Acts are outlined in the Port Marine Safety Code and the statutory duties of a Harbour Authority summarised as:

"A Harbour authorities have a duty to take reasonable care, so long as the harbour is open for the public use, that all who may choose to navigate it may do so without danger to their lives or property.

B This includes an obligation to conserve, and facilitate the safe use of, the harbour; and a duty of care against loss caused by the authority's negligence.

C Each harbour authority has an obligation to have regard to efficiency, economy and safety of operation as respects the services and facilities provided.

D Harbour authorities typically have an express duty to take such action as the harbour authority consider necessary or desirable for or incidental to the maintenance, operation, improvement or conservancy of their harbour."

3.3 The Port Marine Safety Code requires all harbour authorities to implement and audit a Port Marine Safety System in 2002. The `designated person' as required by the Act has now been appointed and appropriate budgets allocated for both this role and the development and implementation of the plan.

3.4 The plan will review all aspects of navigation safety and bring forward recommendations to the Executive Member as follows:

(i) the Harbour's role as local Lighthouse Authority (Merchant Shipping Acts 1894 and 1995);

(ii) the enforcement of the bye-laws for the River Hamble Undertaking;

(iii) hydrographic surveys and the maintenance of a sole navigation channel;

(iv) safety of all users; and

(v) Health and Safety at Work (Health and Safety Acts 1974 and 1999).

Objective (Policy)

3.5 To develop, implement and enforce a Port Marine Safety System, maintaining or improving River safety in consultation with the `designated person' and River users.

4. Planning - Navigation Applications

4.1 The River Hamble Harbour Revision Order 1969 transferred power to the County Council to approve planning applications, having due regard for navigational safety:

- Section 10 of the Southampton Harbour Act 1924

- Section 48 of the Southampton Harbour Act 1949.

4.2 Such consents are subject to further application by the petitioner to the Department for Transport, Local Government and the Regions in accordance with Section 3.4 of the Coast Protection Act 1949.

4.3 All navigation applications have historically been considered with regard to:

(i) The River Hamble Local Plan - First Alteration - a policy document prepared by the County Council and subsequently acknowledged within the Local Borough Plans.

(ii) Navigational Capacity - a report of Captain Andrew in 1981.

(iii) Transport and Works Act 1992 - amendments to the Harbour Act 1964 introducing "environmental duties of a Harbour Authority".

4.4 Whilst the `environmental duties' (Transport and Works Act 1992) have now been strengthened with numerous environmental designations, both the Local Plan and the Navigational Capacity are dated and due for revision. The former River Hamble Harbour Management Sub-Committee recommended that the Harbour Master develop, within the portfolio of plans proposed, a strategic moorings plan to provide a long term solution to the many pressures on river moorings and establish a range of suitable moorings with due regard to safety, the environment, sole access and the many other requirements of a sustainable, vibrant estuary system.

4.5 Work has now started on this plan, in cooperation with the Crown Estate, English Nature, the Environment Agency and the marinas and boat yards. It is hoped to bring a draft proposal to this Committee in June 2002 before initiating public consultation.

4.6 Following a planning seminar managed by the Harbour Authority, all consenting authorities have now agreed to work together to coordinate each application and to work with and advise applicants. This group now meets quarterly and is developing common policies where appropriate.

4.7 Historically, with only three meetings per year and often with a very full agenda, navigational applications often exceed the response limit of 60 days. Many marinas have now embarked on a considered, phased investment, replacing ageing pontoons and upgrading facilities of benefit to the many thousands of boat owners and their crews. If the River is to maintain its yachting status, it is very important that, in addition to a long term strategy for the whole River, the Harbour Authority is able to work with the applicants, in consultation with the other authorities, to maintain this level of improvement and to encourage the more cautious boatyard operators.

Objective (Policy)

4.8 Whilst developing a long term moorings strategy, the Harbour Authority will encourage redevelopment and investment within marinas and boatyards, in consultation with the other authorities and in accordance with those policies set out in Borough Local Plans and the Hamble Plan, and within the current navigational capacity of the River.

5. Crown Estates Partnership

5.1 As a part of the negotiations with the Crown Estate it has been agreed to establish a `business' partnership to undertake a number of investment and improvement projects. Each of these will be considered by the partnership, with business plans and budgets agreed before undertaking any works.

5.2 Funding for each project, and the income realised, will be to a separate `partnership account', managed by and utilising the capital receipts to the County Council resulting from the Master of the Moorings, to be matched by the Crown Estate. The Harbour Dues account will remain ring-fenced for the effective management of the River, that is to discharge the Authority's statutory duties.

5.3 An initial project now being developed is for the substantial improvement of visitor facilities, the upgrading and extension of public landings and services and the completion of the former Solent School of Yachting as a harbour information centre.

Objective (Policy)

5.4 To develop suitable projects of benefit to the River, River users and local residents in partnership with the Crown Estate. Projects to be joint-funded by the Crown Estate and the County Council from capital receipts and additional income.

6. Human Resources

6.1 A significant portion of all budgets is the contribution to staff costs. The introduction of modern working practices and staff numbers in line with Health and Safety legislation, together with a review and County Council grading of all job descriptions and `Investors in People' has, in the last few years, impacted upon operating costs.

6.2 The current workforce to undertake both the Harbour Authority's statutory duties for the 12 kilometres of navigable, tidal river and to manage the 1,200 moorings is:

- 7 full-time staff

- 1 part-time staff (pending full-time appointment)

- 4 seasonal staff.

6.3 The basic full-time team is on duty daily from 0700 to 1830 hours in the winter and, when supplemented by seasonal staff, from 0600 to 2200 hours in the summer.

6.4 The pace of change required by the redefinition of the Authority's statutory duties and the exciting opportunities resulting from the partnership have been briefly outlined in the previous sections. As a result of the various reviews, the implementation of the safety management and the staffing implications arising from partnership projects, it may be necessary to review or redefine job descriptions, and to allocate or recruit new staff to self-funding or investment projects additional to the Harbour Dues.

6.5 An initial result of the partnership is the welcome contribution by the Crown Estate to the post of Assistant Harbour Master (Environment), which will be joint-funded for the next three years.

Objective (Policy)

6.6 The Harbour Authority will monitor and review staff requirements, training and the development of `Investors in People' in consultation with the County Council's Personnel and Training specialists, as well as the appropriate cross training or recruitment for proposed projects undertaken in compliance with the County Council's staffing policies.

Recommendations

1. That the Executive Member, having consulted with and considered the advice of the River Hamble Executive Member's Group, be given delegated powers to resolve all issues and consents required to effectively expedite the daily management and anticipated evolving programme of change to the River and its operation.

2. That all decisions made to adhere strictly to the established policies and objectives of the County Council and this Committee, as summarised in this report.

3. That any decision that may depart from these policies be deferred to be considered by this Committee at its next meeting.

4. That the Executive Member or the appropriate County Council officer report all decisions made, together with supporting evidence if required, at regular intervals, and submit an Annual Report to be considered by both this Committee and the River Hamble Advisory Committee.

6871/MD-T/RE