Archived decisions

Contact: Tony Clatworthy, ext 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 Hamble Yacht Services Limited for harbour works in the navigation of the River Hamble, permitting Hamble Yacht Services Limited to extend the working berths G Pile moorings at Hamble Yacht Services Limited, as shown on the drawings supplied by Solent Marine Limited:

(i) Bridge Arrangement SOL-1724-SC03-000 dated 30 September 2004;

(ii) Proposed Arrangement SOL-1724-SC02-000 dated 30 September 2004;

(iii) Existing Arrangement SOL-1724-SC01-000 dated 30 September 2004; and

(iv) Drawing No. 2328/P/100 dated 1 November 2004;

and subject to the following conditions:

(i) No dredging to be involved;

(ii) 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 three 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;

(iii) Hamble Yacht Services Limited to meet the cost of erecting and maintaining signs on the piles at the entrance to the tender channel warning of the bridge clearance available;

(iv) Hamble Yacht Services Limited to meet the cost of establishing and maintaining a solar powered navigation light on the downstream pontoon pile and also to paint the pile in high visibility red paint (initial painting to be carried out upon installation);

(v) Hamble Yacht Services Limited to meet the cost of establishing and maintaining two vertical fixed red navigation lights on the upstream outermost pile/pontoon and paint the pile with high visibility red paint (initial painting to be carried out upon installation) all within one week of installation;

(vi) The above conditions must all be met within one week of installation of the new pontoon structure;

(vii) At no time is Hamble Yacht Services Limited to allow double berthing to take place on the outside face of the proposed jetty head; and

(viii) All other appropriate consents being obtained.

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 The management of Hamble Yacht Services Limited has requested the harbour works to overcome various operational restrictions. The proposed development is intended to allow the streamlining of operations at the boatyard and specifically to enable the yard to better accommodate 80 foot maxi yachts, which currently experience difficulty getting alongside.

2.3 A report on behalf of Hamble Yacht Services Limited was presented to the River Hamble Executive Member's Group on 26 July 2004 and 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 by Hamble Yacht Services Limited for harbour works in the navigation of the River Hamble, permitting it to modernise, extend and relocate its pontooning at Hamble Yacht Services Limited, 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.

2.4 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".

2.5 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, if the new scheme satisfied concerns highlighted in the Risk Assessment. The Harbour Master was to facilitate this procedure. The Harbour Master presented the revised scheme to various interested parties but Hamble River Sailing Club opposed the revised plans. The Harbour Master then brought the revised plan before the River Hamble Executive Member's Group for consideration on 25 October 2004.

2.6 At his meeting on 9 November 2004 the Executive Member for Environment listened to deputations by the Commodore of Hamble River Sailing Club, a berth occupier, the Chairman of the River Hamble Mooring Holders' Association and a local resident. The Executive Member for Environment suspended Standing Order 21 to allow the Commodore to make a second deputation on the same matter within a six month period on the grounds that the application by Hamble Yacht Services Limited had been significantly revised.

2.7 The subject of the deputations fell into two categories:

(i) navigational safety; and

(ii) subjects out of the scope of responsibilities of the Harbour Authority.

2.8 Having heard the deputations, the Executive Member for Environment deferred a decision to his 7 December meeting to enable him to fully consider the points raised.

2.9 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, requesting their comments on the proposed development. The letter included a copy of a draft of this report and the associated background papers, including the Risk Assessment. Any advice or comments received were reported verbally at the Executive Member's meeting on 7 December 2004.

2.10 Following issues raised via deputations at 7 December 2004 meeting, the report was deferred to this meeting to enable a site visit to take place.

2.11 All the issues relating to the scope of the Harbour Authority's terms of reference raised by the deputations have been addressed and answered within the background papers attached to this report; namely:

Appendix 1 - Risk Assessment;

Appendix 2 - Report to the River Hamble Executive Member's Group on 26 July 2004;

Appendix 3 - Report to Executive Member for Environment on 14 September 2004;

Appendix 4 - Report to River Hamble Executive Member's Group on 25 October 2004; and

Appendix 5 - Report to Executive Member for Environment on 9 November 2004.

These answers address navigational safety issues only and are summarised below with references to reports where further details are provided.

Harbour Master's Conclusions

2.12 The proposed development at Hamble Yacht Services Limited has drawn conflicting views from the many river users and stakeholders. These reflect competing interests, not just the impact on navigational safety, which is the remit of this consents procedure. With regard to this 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.

2.13 The main area of concern is that in some tidal and weather conditions the XODs might have difficulty in departing or returning to their moorings on the F pontoon. Should the tide be on full ebb with little wind there could be a danger of an XOD falling down onto the Hamble Yacht Services Limited pontoons. However, it is open to question whether the skipper of an XOD should attempt to leave his moorings in such adverse conditions, bearing in mind that he will still need to negotiate a mile of existing obstacles and hazards before reaching the mouth of the river. Notwithstanding this, the proposed development would allow the XODs better access to their pontoons than exists at present, so in more favourable conditions, manoeuvring would be easier than it is now.

2.14 In the longer term, the Harbour Master believes that the XODs would be less prone to navigational hazards if their berths were moved nearer to the entrance of the river.

3. Other Options Considered and Rejected

3.1 Not to permit the extension of the pontoon structure.

3.2 Proposal submitted to the Executive Member in the report dated 14 September to restrict the development to 23 metres and not the proposed 35 metres. This proposal was rejected on financial and operational grounds by the developer. The developer therefore resubmitted the proposal which included a route with a bridge for tenders that would be available at all states of the tide.

3.3 To approve the proposals submitted to the Executive Member for decision on 9 November 2004 and 7 December 2004.

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

9093Decn-rev/TC