Item

AT A MEETING of the RIVER HAMBLE HARBOUR MANAGEMENT COMMITTEE held on 17 December 2003.

PRESENT:

Hampshire County Council

Councillors: K.B. Estlin (Chairman); Mrs S.E. Allbright; J.V. Bryant; E.F. Gale; T.G. Knight; R.H. Price; A.W. Rice, TD

Eastleigh Borough Council

Councillor W.J. Pepper

Winchester City Council

Councillor Mrs C. Sutton

Royal Yachting Association

D. Alexander

Association of River Hamble Yacht Clubs

J.H.R. Selby

British Marine Federation

S.J. Bourne

Hamble River Boatyard and Marina Operators

Mr C. Moody

Also in attendance:-

M. Denton-Thompson (Environment Department)

A.G. Inder (Environment Department)

A. Thorne (County Treasurer's Department)

T. Clatworthy (Acting Harbour Master)

Capt. M.G. Capon (Designated Person)

Mr K. Gardner (Chief Executive's Department)

Mrs B. Beardwell (Chief Executive's Department)

Mr A.R. Knight (Chief Executive's Department)

52. 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.

53. MINUTES

The Minutes of the meeting held on 27 June 2003 were agreed as a correct record and signed by the Chairman.

54. 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 decided to pursue a number of alternative projects within the leisure harbour and marina industry.

"I have asked the Director of Environment to use this as an opportunity to review the role of the Harbour Master. She needs to ask the question; have we got the balance right between a statutory/regulatory function and all other responsibilities we currently expect of the post. I am expecting this review to be completed by officers ready for us to place advertisements in the first week of February".

55. DEPUTATIONS

There were no deputations.

56. 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 Acting Harbour Master had received correspondence regarding the suitability and type of the present Harbour Master's vessels. The vessels had been purchased on advice and were in a ten year programme for replacement for which a sinking fund would be used.

Councillor Pepper raised the question of car parking in Hamble and was advised that the review of the River and its facilities will also involve car parking. There would be discussions with Eastleigh and Hamble councils and the situation would be reviewed at that time.

Close Circuit Television process was ongoing. Tenders were expected back at the end of January and the anticipated project would be completed in early 2004.

The Harbour Authority was currently carrying out a boat count of all vessels on the River. The Harbour Master was to obtain an aerial photograph taken in September or October 2003 as this was optimum to count the maximum potential number of vehicles on the water. The boat count would be subject to the agreement of Eastleigh and Fareham Borough Councils and also the interests of the Crown Estate. Navigational safety would also be fully considered before any available capacity was allocated. The Acting Harbour Master explained the basis upon which the allocation of moorings had been calculated and 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 the proposal would not be time dependent. Several members expressed the view that private mooring holders should have a greater percentage of moorings allocated to them and that commercial operators should not receive the bulk of available moorings.


Clarification was sought regarding the M27 road bridge oil pollution measures. English Nature had undertaken to contact the Environment Agency. The Chairman explained that this was being followed up with Mott MacDonald. The County Council was to meet with the Environment Agency in an endeavour to achieve an upgrading of the M27 pollution control to modern standards.


Following an oil spill exercise held in Southampton Water, BP had requested the return of the four oil booms that had been positioned at the entrance to the River. Measures had been taken to ensure that adequate provision was available for an appropriate response to be made in the event of oil spills of any description or magnitude. For allowing the booms to be returned it was confirmed with the Maritime and Coastguard Agency that the River Hamble Harbour Authority's oil spill response plan was satisfactory, and conformed to the MCA's requirements without the BP booms.

The Harbour Master advised that a report would be brought forward to the February Executive Member's Group with proposals for the provision of potable water on the Hamble jetty and the financial implications.

RESOLVED:

That the report be noted.

57. 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 so the Harbour Authority must take the initiative to streamline the governance of the River Hamble, to comply with best practice. He stressed the importance which the County Council placed on holding informal discussions, particularly with local and district councils, which would continue. It was intended that the formal consultation process would be triggered at the May County Council meeting. The Management Committee would further consider the proposal in June 2004 and with a view to the County Council approving a Harbour Revision Order in due course. 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's statutory functions and extensive land holdings. They also included being directly associated with the County Council; bought economies of scale and a wide range of expertise as well as support to the Harbour Authority through 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 key requirements inherent in the changes were:-


(1) Statutory and Regulatory Functions with experienced members and knowledge of recreational sailing.


(2) Skills including business awareness and communications.


(3) Environmental consideration of International and National designations on the Hamble, reflected by the Assistant Harbour Master (Environment) post.


(4) Recognition of the local communities of Hamble, Warsash, Bursledon and Swanwick.


It would be necessary to investigate risks not examined in the report. It was considered helpful to carry out the informal consultations at an early stage to avoid costly, time-consuming negotiations in the future, and the need to share those costs with river users. Mr Moody presented a modified resolution which was put to the vote and carried 8 to 2.


RESOLVED:


That the River Hamble Harbour Management Committee supports the River Hamble Harbour Authority remaining as a Municipal Port, but considers that informal consultations should also include consideration of a Trust Port.

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

The Committee considered the report of the County Treasurer (Item 8 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 thanked the Acting Harbour Master and his team for their co-operation and assistance under difficult circumstances. A zero based budgeting approach had been used which enabled the Harbour Authority to operate within its revenue earning capacity (increase RPI plus 1%). Expenditure would equate to income, and 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. Projected related 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 reviewed and revised on an ongoing basis, and they did not stand still. There was ongoing work particularly relating to income which would be completed in January 2004. For 2004/05 inflation would be set at 3.5% for salary costs and 2.5% for all other costs. In 2005 inflation for harbour dues and supervision would be RPI + 1% (3.9%). Two items of expenditure valuing £33,000 would be met from reserves.

The Visitors Centre Partnership continued to be in deficit although the figure had been reduced from the original budget. This was due to a realignment of expenditure between the Visitor's Centre and the Harbour Authority in line with usage of buildings on the site. Income levels had been assumed as unchanged. It would be necessary to make a decision on this Partnership as the deficit could not be allowed to continue. The results of the option appraisal would be available in the new year which would inform this decision.

RESOLVED:

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


(ii) That the call on reserves be noted.


(iii) That the charges for 2005 be noted.

59. STRATEGIC FRAMEWORK FOR MOORINGS PROVISION

The Committee considered the report of the Director of Environment (Item 10 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. However, such a plan would be very costly and time consuming to produce. 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 an early stage the wide range of interests on the river and, in order to gain ownership of the Strategic Principles, a Stakeholders Workshop would be held in January 2004 to discuss the following areas, which would assist in developing the principles:

(i) Range of Moorings


(ii) Capacity Issues.


(iii) Visitor moorings


(iv) Traffic access and planning


(v) Navigational matters


(vi) Environmental Issues


RESOLVED:

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.

60. SOLENT EUROPEAN MARINE 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 under the following timetable:

Executive Member's Group - May 2004
Executive Member's Decision Day - 15 June 2004 subject to the
Management Committee's additions
River Hamble Harbour Management
Committee - 16 June 2004

RESOLVED:

That the report be noted.

61. JOHN SELBY

Mr John Selby advised the Committee that this would be his last meeting after 20 years service representing the Association of River Hamble Yacht Clubs. The Committee thanked Mr Selby for his work in the past and wished a long and happy retirement.

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