Archived decisions

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 1989, 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  No. 2410-P-102 and displayed at the River Hamble Executive Member's Group at Warsash on 13 May 2004, and subject to the following conditions:

(i) The main fairway to be 60 metres wide;

(ii) No dredging is involved;

(iii) The harbour works will not increase the number of vessels currently moored within the curtilage of Stone Pier Yard which has been confirmed as 53 boats, with an average length of 10 metres, and 20 dry sailing boats;

(iv) Negotiations between the Crown Estate, the Harbour Master and Warsash Marine are successful regarding the relocation of all other moorings affected by the proposed development;

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

(vi) That passage through the bridge designed for tenders be available at all states of the tide and access to this channel not be blocked by moored vessels in the marina berths. The access route to the bridge to have a four metre channel available to allow tenders to route through the marina at all times. The bridge, to allow tenders to pass through, must not be less than four metres wide and not less than 1.5 metres high. The bridge to be lit within, to enable those using it to identify the location;


(vii) The marina operator to establish at his expense, fixed double vertical navigation lights on the downstream and upstream outer pontoons. A total of five sets of navigation lights. On the final downstream pontoon pile, the marine operator to establish a solar powered navigation light, the characteristic to be confirmed by the Harbour Master. To be established within two weeks of the pontoon being in place.


(viii) The marina operator will ensure that the route for tenders, through the marina is usable at all times for tenders to make passage. If the marina operator is requested to remove any boats blocking the passage for small tenders, he does so immediately. The Harbour Authority will ensure the route always remains usable and should the marina operator not be able to remove any blocking boats the Harbour Authority will remove them at the marina operators expense;

(ix) Warsash Marine to meet the cost of erecting signs on the piles at the entrance to the tender channel warning of the bridge clearance available and give contact details on who to contact should the route be blocked, to be erected within one week of the completion of the works; and

(x) All other appropriate consents being obtained which may include an Environmental Appropriate Assessment.

2. Reason

2.1 This decision supports Aim 4 (Building Strong and Safe Communities) of the Corporate Strategy by protecting the navigational safety of the River Hamble.

2.2 A report on behalf of Warsash Marine was presented to the River Hamble Executive Member's Group on 13 May 2004 and again on 26 July 2004. The report was then submitted to the Executive Member for Environment on 14 September 2004. The Executive Member for Environment made the following decisions on the report:

(i) That the application be refused.

(ii) That delegated authority be granted to the Director of Environment to determine any subsequent application which addressed the reason for refusal, subject to no new objections being received.

2.3 The Reason for Refusal was given as:

"The loss of the secondary channel poses an unacceptable risk to `tenders' and small craft during periods of higher tidal flow".

2.4 As a result of this refusal, the applicant was asked to investigate the possibility of the inclusion of a bridge and a route for tenders through the complex into a revised plan. The Director of Environment was given delegated powers to grant consent for the revised proposals subject to there being no new objections. The Harbour Master was to facilitate this procedure. The Harbour Master presented the revised scheme to interested parties who raised a number of objections, therefore the revised proposals have been referred back to the Executive Member for decision.

2.5 All the issues raised by various parties relating to the scope of the Harbour Authority's Terms of Reference have been addressed and answered within the background papers attached to this report. The issues have been addressed in the form of an impact assessment and address navigational safety issues only.

2.6 The Marine Director of the River Hamble wrote to Members of the River Hamble Harbour Management Committee on behalf of the Executive Member for Environment and requested their comments on the proposed development as revised. The letter included a copy of a draft of this report and the associated background papers, including the risk assessments. Any advice or comments received will be reported verbally at the meeting.

Harbour Master's Conclusions

2.7 The proposed development at Stone Pier Yard has drawn conflicting views from the many river users and stakeholders. These reflect competing interests. Navigational safety matters are the only ones addressed by this consents procedure. There remains one area of concern (as detailed below) but otherwise the project does not appear to have any adverse effects on navigational safety; indeed all other safety points raised have been addressed in the report. It is worth noting that the fairway will be no narrower than the main fairways in Lymington and Yarmouth, which have more commercial traffic than the Hamble.

2.8 Benefits to navigational safety:

(i) provision of route and bridge for tenders;

(ii) removal of the downstream overhang;

(iii) removal/relocation of the fuel jetty;

(iv) better visibility around the downstream pontoon of Stone Pier Yard;

(v) removal of the fore and aft moorings considered as dangerous;

(vi) better and safer approach for the main channel; and

(vii) larger and safer protected sailing area for dinghies launching at Warsash Sailing Club.

2.9 The concern for navigational safety is that during periods of strong tides there might be difficulty in manoeuvring through the entrance or exiting the marina berths. This could have an impact on vessels in the main channel. When putting this point to the marina operator an explanation was given that boats would be pre-positioned or restrictions would apply during the one or two

hours of strong tide. The marina operator also has planned a wider than

normal entrance. Normally the entrance is one and a half boat lengths

Warsash Marine is intending to install a width of two boat lengths at the

entrance.

3. Other Options Considered and Rejected

3.1 Not to extend the pontoon system.

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

9094Decn/TC