Contact: Tony Clatworthy, tel 01489 576387

email: [email protected]

1. Summary

1.1 The following decision is sought:

That under Section 10 of the Southampton Harbour Act 1924 and Section 48 of the Southampton Harbour Act 1949, as amended by the River Hamble Harbour Revision Orders 1969 to 1986, conditional consent be granted to Warsash Marine for harbour works in the navigation of the River Hamble, permitting Warsash Marine to modernise, extend and relocate its pontooning at Stone Pier Yard, as shown on the drawing supplied by John Pattison Associates Limited (drawing number 2410-P-102) and displayed at the River Hamble Executive Member's Group at Warsash on 13 May 2004, subject to the following conditions:

(i) the main fairway to be 60 metres;

(ii) the harbour works will not increase the number of vessels currently moored within the curtilage of Stone Pier Yard;

(iii) negotiations between the Crown Estate and Warsash Marine are successful regarding the relocation of all other moorings effected by the proposed development;

(iv) Warsash Marine to come to an agreement with the Warsash Sailing Club regarding the harbour works and possible compensation towards the extension of the dinghy launching pier at lobster quay and the implications of the safety of dinghies departing and arriving at the Warsash Sailing Club's dinghy launching jetty;

(v) one vessel only to be moored alongside at the outside jetty face and the southern side of Stone Pier Yard;

(vi) the removal from the proposed development plan (drawing number 2410-P-100) of the seven metre overhang of the southern end of the main jetty face, allowing dinghies to depart and approach the area safely; and

(vii) all other appropriate consents being obtained which may include an Environmental Appropriate Assessment.

2. Reason

2.1 This decision supports Aims 1 to 5 of the Corporate Strategy. The management of the Warsash Marine has requested the harbour works to overcome various operational restrictions. These restrictions are the silting of the inner pontoons of the current marina layout, therefore restricting the mooring of vessels at low water, and the location of the fuel barge. The moving of the fuel barge overcomes a navigational safety issue, both from the main navigational channel and the dinghy launching area at lobster quay. The proposed harbour works will also remove moorings from the main navigational channel that have been the cause of problems to navigation in the past. The proposed harbour works have also been the subject of detailed discussions within the Warsash Improvement Plan Working Group (WIPWG) and is part of the Warsash Area whole plan to improve navigational safety at the entrance to the River.

2.2 This report has been circulated to Members of the River Hamble Harbour Management committee. Any significant comments will be reported to the Executive Member for Environment at his decision day meeting.

3. Other Options Considered and Rejected

3.1 Not to extend the pontoon.

4. Conflicts of Interest Declared by the Decision Maker or Other Executive Member Consulted - None.

5. Dispensation granted by the Standards Committee - Not applicable.

6. Reason(s) for the Matter being dealt with if Urgent - Not applicable.

Approved by: Date:

Councillor K B Estlin

7. Background

7.1 The developer, Warsash Marine, has applied to Fareham Borough Council, the Marine Consents and Environment Unit, the Department for Environment, Food and Rural Affairs and the Department for Transport for planning permission under number MNA 151/1421/22 DC7078 and Trinity House Light House Service under number LL/OBS/AD/04 for the development and extension of the pontooning and piling at Stone Pier Yard in Warsash.

7.2 The River Hamble Harbour Authority has been consulted and asked to comment on matters of navigational safety by the agencies referred to above. As part of the Harbour Authority's statutory duties it has to grant consent permitting harbour works in the navigation of the River Hamble, including works to modernise, extend and relocate pontoons. This consent is in addition to the planning permission required.

7.3 Consent may be granted by the Harbour Authority permitting harbour works in the navigation of the River Hamble to accord with the Southampton Harbour Act 1924 and 1949, as amended by the River Hamble Harbour Revision Orders 1969 to 1989. Within the Harbour Authority's statutory duties lies the responsibilities to ensure that all matters concerning navigational safety are addressed. This area of responsibility includes the area known as Stone Pier Yard in Warsash, Southampton

8. Application for Consent

8.1 Following exhaustive discussions with WIPWG and representations to the Streamlined Consents Group, Warsash Marine is now applying to the Harbour Authority for consents permitting harbour works in the navigation of the River Hamble, including the modernisation, extension and relocation of its pontoons. This is the first proposal to emerge from the Working Group. The objectives of WIPWG are to:

(i) discuss and assess problems and opportunities with the Warsash part of the river, including aspirations of interested parties;

(ii) discuss ideas for improvements to facilities, the environment, navigation and safety, etc;

(iii) agree basis of comprehensive and integrated improvement scheme;

(iv) advise on the scope of formal assessment required; and

(v) provide information to the River Hamble Harbour Advisory and Management Committees and the River Hamble Executive Member's Group.

8.2 The following points have been noted by the Harbour Master and were brought to the attention of the River Hamble Executive Member's Group on 13 May 2004, along with the engineering drawings of the proposed development numbered 2410-P-102:

(i) The proposed development does not require any capital or maintenance dredging.

(ii) The proposed development does not increase the number of vessels that Stone Pier Yard will berth.

(iii) The fuel berth, on advice from the Harbour Master and through discussions at WIPWG, will be relocated to the upstream end of the pontoon, removing a potential pinch-point and allowing better approach and access for vessels, and remove vessels from the approaches to Warsash Sailing Club (WSC) dinghy launching pontoon access. WSC may require to extend its launching platform at a later date depending on any plans brought forward for the Harbour Master's Jetty.

(iv) The development extends to the southern edge of a Fareham Borough Council moorings restricted area and does not encroach into this area.

(v) Consultation with the Crown Estate will be entered into by Warsash Marine regarding the movement and relocation of the mooring sites that will be taken up by this proposed development.

(vi) The main fairway will be 60 metres (as per resubmitted application received since the 13 May meeting).

(vii) All the stakeholders involved have contributed and been involved in the forming of these proposed plans, either at a meeting of WIPWG or within the Streamlined Consents process. The stakeholders involved and consulted during this process were: Hampshire County Council, English Nature, the Environment Agency, Fareham Borough Council, Solent Protection Society, Ferry Operator, Mooring Contractors, Warsash Residents' Association, Hamble Rescue, Hamble River Sailing Club, X-Boats, Oil Spill Response Limited, River Hamble Mooring Holders' Association, Marina Developments Limited, Victoria Ramparts, Humberts, Warsash Sailing Club, Royal Thames Yacht Club, Sea Start, Warsash Maritime College, Commercial Fishermen, Commercial Marine Operators' Association, Sea Scouts, Hants and Wight Trust Maritime Archaeology, Household Division Yacht Club, Royal Navel Sailing Association, Olley Yacht and Property, Royal Southern Yacht Club and Hamble Parish Council.

9. Legal Implications

9.1 Consents may be granted by the Harbour Authority permitting harbour works under Section 10 of the Southampton Harbour Act 1924 and Section 48 of the Southampton Harbour Act 1949, as amended by the River Hamble Harbour Revision Order 1969 to 1989. Within the Harbour Authority's statutory duties lies the responsibilities to ensure that all matters concerning navigational safety are addressed.

8793/TC