Item 5

AT A MEETING of the RIVER HAMBLE HARBOUR ADVISORY COMMITTEE held in the Wellington Room, The Castle, Winchester on Monday 1 December 2003.

PRESENT:

Hampshire County Council

Councillor K.B. Estlin (Chairman)

Fareham Borough Council

Councillor T.M. Cartwright (Warsash Ward)

Councillor D.C. Swanbrow (Sarisbury Ward)

River Hamble Mooring Holders' Association

Mr P. Middleton

River Hamble Berth Holders' Association

Mr H. Knight

The Crown Estate

Mr N.R. Jacobson

Hampshire and Isle of Wight Trust for Maritime Archaeology

Ms J.S. Satchell

Association of River Hamble Yacht Clubs

Mr J.H.R. Selby

Royal Yachting Association

Mr L.M. Garner

English Nature

Mr. J.B. Stevens

Curdridge Parish Council

Cllr. J. F. Kitchell

Bursledon Parish Council

Cllr. W.B. Foulkes

Hamble-le-Rice Parish Council

Councillor R. Elliston

Southern Sea Fisheries District Committee

Mr P. Hill

Hampshire Constabulary Marine Unit

Sgt. A. Simpson

The following were in attendance:

Councillor J.V. Bryant - Hampshire County Council

M. Denton-Thompson - Assistant Director of Environment

Mr. A. Inder - Environment Department

A. Thorne - County Treasurer's Department

T. Clatworthy - Acting Harbour Master

Capt. M. Capon - Designated Person - Port Marine Safety Code

A.R. Knight - Chief Executive's Department

Mr. M.J. Leonard-Williams, (Humberts Crown Estate Managing Agents)

31. 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.

32. MINUTES

The Minutes of the meeting held on 9 June 2003 were agreed as a correct record and signed by the Chairman.

33. CHAIRMAN'S COMMUNICATIONS

The Chairman reported that following seven years as the River Hamble Harbour Master, Captain Richard Exley had, following a period of ill health, chosen to leave the County Council. Now fully recovered, Richard had chosen to pursue a number of alternative projects within the leisure harbour and marina industry.

34. DEPUTATIONS

There were no deputations.

35. HARBOUR MASTER'S REPORT

The Committee considered the report of the Harbour Master (Item 2 in the Minute Book) summarising events and activities on the River from June 2003 to date.

The Harbour Master reported that the dredging plan had not yet been completed. Members questioned the cost effectiveness of providing a detailed analysis of incidents on the River Hamble, although this had previously been requested. Captain Capon explained the need for these figures when reviewing safety plans each six months, as they would produce a trend and could lead to a reduction in accidents. The figures were in compliance with the safety code. Mr. Middleton felt that the figures were helpful in achieving an understanding of safety on the river.

The CCTV scheme was in the tendering process and the installation would be held back until after the 1^st April, in order to achieve a better spread of funding for the scheme.

Members asked for clarification on the M27/road bridge oil pollution measures. English Nature had undertaken to contact the Environment Agency to see how oil pollution measures could be brought forward. The Acting Harbour Master was to supply ecological information to English Nature and this would be passed to the Environment Agency. The Chairman would endeavour, through his environmental brief to achieve a scheme for upgrading the M27 to modern standards.

RESOLVED:

That the report be noted.

36. DRAFT REPORT TO THE RIVER HAMBLE HARBOUR MANAGEMENT COMMITTEE ON GOVERNANCE

The Committee considered the report of the Director of Environment (Item 6 in the Minute Book) on the various options and a preferred structure for the Harbour Authority.

The Assistant Director of Environment reported that it was unlikely that the Government would proceed with a Municipal Reports Review in the near future and it would be necessary to streamline the governance of the River Hamble, to comply with current practice in the management of the Harbour Authority. He stressed the importance of holding informal discussions, particularly with local and district councils, which would continue. There were two major issues that had to be considered with regard to the governance of the River Hamble:-

(i) The Trust Ports Review recommendations and

(ii) The Modernisation of Local Government .

The present River Hamble Management Committee arrangements were no longer acceptable to the Ports Division of the Department for Transport. They were also concerned about the appropriateness of the present arrangements where one person made the decisions of the Harbour Authority.

Several options were open to the County Council as follows:

(i) Do nothing - continue with the current interim arrangements until directed
by the Government through a future Municipal Reports Review.


(ii) Restructure the Harbour Authority under the existing Harbour Revision Order for the River Hamble


(iii) Promote a Harbour Revision Order to restructure the Harbour Authority in accordance with best practice and the advice of the Ports Division, but keeping it as a municipal port.


(iv) Promote a Harbour Revision Order to set up an independent Trust Port.


(v) Promote a Harbour Revision Order to set up a commercial port as Harbour Authority.


The preferred option which was emerging through informal discussions was to promote a Harbour Revision Order to restructure the Harbour Authority to meet the standards of best practice, but retaining the River Hamble Harbour Authority as a municipal port. The advantages included retaining a proportion of elected representatives to look after the interests of local people, and the links with extensive County Council held land and statutory functions. They also included being directly associated with the County Council; with its economies of scale and wide range of expertise; and the support which the Harbour Authority received from the County Council by a degree of subsidy. Disadvantages that had been pointed out during the discussions included a perceived uncertainty in the very long term, about the County Council and financial restrictions placed upon local authorities.

The Chairman explained that under present financial arrangements mooring holders also received the benefit of County Council expenditure being made before Harbour dues had been levied for that period. Under arrangements for a Trust Port they would effectively be subject to an initial 8 month "catching up" exercise to reflect the lack of County Council "subsidy".

The Royal Yachting Association's Parliamentary Agent had concluded that the present arrangements might be considered unlawful. It was considered important that the Management Committee continued to demonstrate that it be seen to manage the River. The proposal for a new decision-making Harbour Authority comprising seven persons was supported. Comment was made that there might be a problem with continuing with a Municipal Port because of the restrictions of financial regulations with regard to leasehold arrangements.


Mr. Selby supported the proposal and commented that the Chichester Harbour Conservancy worked well with a stakeholder representative group.

Mr. Knight considered that it would be better for the management of the River Hamble to be closely associated with local people who use it. It would be wise for new arrangements to be separate from the County Council and have a Trust Port.

Mr. Middleton supported the proposal and he would wish to be involved in the discussion progress on behalf of his members. He suggested that the proposal for County Council representatives could have the disadvantage of their not being skilled in the ways of the River, and that there was strength in having three independent members. In total it would, in his view, need six experienced members who should not be appointed merely as representatives of the County Council. Mr. Middleton supported the proposal for the Management Committee to recommend in June 2004 that this would go to the Cabinet or Executive Member for decision in July 2004. He expressed his support for a separate Advisory Committee to discuss and agree the way forward before decisions were taken, rather than to disagree afterwards.

Ms Satchell drew attention for the need for marine heritage skills and knowledge to be taken into account in making decisions for the Hamble.

RESOLVED:

That the River Hamble Advisory Committee recommends to the River Hamble Harbour Management Committee:


(i) That it be a RECOMMENDATION to the River Hamble Harbour Management Committee, that both options of Municipal Port and Trust Port undergo further investigation;


(ii) That the Advisory Panel commends, in the event of a Municipal Port being chosen, the format of the new Harbour Authority be as set out in paragraph 4.4 (iv to v) of the report

37. REVISED BUDGET 2003/04 AND FORWARD BUDGET 2004/05 - RIVER HAMBLE

The Committee considered the report of the County Treasurer (Item 7 in the Minute Book) presenting the revised budget for 2003/04 and the forward budget for 2004/05 in addition to the proposed charges for 2005 which relate to the 2004/05 budget.

The Treasurer explained that a zero based budgeting approach had been used as the underlying principle in the report. This enabled the Harbour Authority to operate within its revenue earning capacity and should result in expenditure equating to income. Reserves were not being used to fund ongoing revenue expenditure.

All statutory and ongoing duties had been built into the budget. The capital budget had been removed. Projects related to expenditure had been identified and prioritised in line with available income. The budget had been debated and prioritised by the

Executive Member's Group and cost benefit analysis would be used to appraise all future projects. Budgets needed to be renewed and revised on an ongoing basis, and there was ongoing work particularly relating to income. For 2004/05 inflation was 3.5% for salary costs and 2.5% for other costs. The 2005 inflation for harbour dues and supervision was set at Retail Price Index (RPI) + 1% (3.9%). The Committee signified their support for the new methods of dealing with the River Hamble Harbour Authority's finances.

Mr. Middleton would encourage the use of cost benefit analysis to the future approvals process. He proposed a separate group to examine the financial aspects of the visitor centre partnership, and commented on the oil pollution response budget. The Chairman said that he wished to see the situation relating to the visitors centre resolved by the next meeting of the Advisory Panel in June 2004.

RESOLVED:

(i) That the revised and forward budget for the statutory operations of the Harbour, and the proposed charges, be noted.


(ii) That the call on reserves be noted.


(iii) That the charges for 2005 be noted.

38. HARBOUR MASTER'S REPORT OF THE MOORINGS COUNT AND ALLOCATION OF MOORINGS

The Committee considered the report of the Director of Environment (Item 8 in the Minute Book) updating on the reason for the limits and how these figures had been accounted for historically. The Harbour Master explained that the report briefed Members on the moorings count for the river; the reasons for the limits and how these figures had been accounted for historically. It also set out the current situation and detailed the pressures that could affect safety of navigation. The Acting Harbour Master explained the basis upon which the allocation of moorings had been calculated and it was suggested balancing the interests of the marine based industries with clubs and public moorings. The proposal focused on the following distribution:-

(i) 50% to commercial operators;


(ii) 25% to Yacht Clubs;


(iii) 25% to public moorings


The Chairman explained that at present calculations indicated that 3,062 berths had been taken up leaving approximately 200 to be allocated to achieve the agreed total of 3,261. It was, he felt, important to reach the maximum capacity as soon as possible as pressure would come from the commercial interests for allocation of further moorings. Several Members expressed concern that private mooring holders should have a greater percentage of moorings allocated to them. English Nature stated that in their view it would be necessary to prove scientific justification for increasing the number of moorings.

RESOLVED:

That the report be noted.

39. STRATEGIC FRAMEWORK FOR MOORINGS PROVISION

The Committee considered the report of the Director of Environment (Item 9 in the Minute Book) recommending that a discussion paper "Strategic Principles for Guiding Development on the River" be prepared for public consultation early in March 2004 following a Stakeholders' Workshop.

Mr. Inder explained that ideally a strategic plan ought to be prepared before looking at individual zones. As an alternative, and to reassure those who strongly believed in having an established strategic planning framework, it might be appropriate to produce a discussion document on strategic principles for guiding development on the river, in particular new or relocated moorings.

The discussion paper would be drafted by County Council staff, with help from the Crown Estate and its agents, for wide consultation early in March 2004. Due to the need to involve from any early stage the wide range of interests on the river and, in order to gain ownership of the Strategic Principles, the Stakeholders Workshop being held in January 2004 would discuss relevant issues and assist in developing the principles.

RESOLVED:

That a discussion paper "Strategic Principles regarding development on the river" be prepared for public consultation early in March 2004, following a Stakeholders' Workshop.

40. SOLENT EUROPEAN MARITIME SITE MANAGEMENT SCHEME

The Committee considered the report of the Director of Environment (Item 10 in the Minute Book) on the Solent European Marine Site Management Scheme. The first draft of the Management Scheme would be prepared in March 2004 and be followed by a consultation exercise. The paper would be taken to the Executive Member's Group and a decision made thereafter.

RESOLVED:

That the report be noted.

41. UPDATE ON VISITORS FACILITIES PARTNERSHIP

This item was deferred until the next meeting.

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