Contact: Tony Clatworthy, tel 01489 576387

email: [email protected]

1. Summary

1.1 The Harbour Board may wish to consider a report to be submitted to the Management Committee on the three proposals appended to this report.

2. Corporate Strategy

2.1 These decisions support Aims 1 to 5 of the Corporate Strategy (Maximising Life Opportunities, Stewardship of the Environment, Achieving Economic Prosperity, Building Strong and Safe Communities, and Improving Services) by contributing to the statutory duties entailed in the management of the River Hamble.

3. Designated Sites and the Harbour Authority's Responsibilities

3.1 The River Hamble Harbour Authority is a Relevant Authority under The Conservation (Natural Habitats, & c) Regulations 1994, commonly known as the Habitats Regulations. As a Relevant Authority the Harbour Authority therefore has a duty to secure compliance with the requirements of the Habitats Directive and to ensure that in the exercise of any of its powers or functions it will have regard to both direct and indirect effects on the interest features of the European Marine Site.

3.2 The River Hamble is part of the Solent European Marine Site and is afforded protection due to its international nature conservation value. The majority of the Hamble estuary East and West banks fall within the Solent and Southampton Water Special Protection Area (SPA) and Ramsar site. The whole river is within the Solent Maritime Special Area of Conservation (SAC).

3.3 As a section 28G authority under the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000), The River Hamble Harbour Authority has a duty to take reasonable steps, consistent with the proper exercise of the authority's functions, to further the conservation and enhancement of the flora, fauna or geological or physiographical features by reason of which the site is of special scientific interest.

3.4 Consent may be granted by the River Hamble Harbour Board permitting harbour works in the navigation of the River Hamble to accord with 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. Within the River Hamble Harbour Board's statutory duties lies the responsibility to ensure that all matters concerning navigational safety are addressed. This area of responsibility includes the following proposed developments which are set out in the attached appendix:

(i) Eastlands Marina - Annex A;

(ii) Universal Marina - Annex B; and

(iii) Boat Scrubber Limited - Annex C.

4. Impact Assessment

4.1 The refurbishment at Eastlands Marina Boatyard will improve the mooring situation for the disabled charity boat, reducing its costs which currently go to the cost of the mooring tackle and buoys.

4.2 The installation of a pontoon by Universal Marina on the J13-J15 will improve the safety measures for mooring and boarding the London Sailing Project vessels. This charity operates three 50 foot vessels from the mooring. The registered charity gives opportunities for the handicapped and disadvantaged youngsters from the inner city of London to experience sailing.

Recommendations

Eastlands Marina

Details of this proposal are appended to this report as Annex A. The recommendation is:

That the River Hamble Harbour Board consider whether to grant conditional consent, subject to the views of the River Hamble Harbour Management Committee, allowing Eastlands Marina to proceed with the proposed plans to refurbish its boatyard as set out on DRG No 8790/3. Title: Proposed New Layout; Scale 1:500. Should conditional consent be granted by the River Hamble Harbour Board, it is recommended to include as part of any consent the following conditions, that:

(i) copies of all other consents required for this project be produced to the Harbour Master before proceeding with the works;

(ii) the number of boats moored within the curtilage of Eastlands Marina is not increased beyond the current level of vessels; and

(iii) the developer produces, to the Harbour Master before proceeding with the works, a method statement to include:

(a) start and completion dates of the works;

(b) disposal plan for obsolete pontooning and floats;

(c) type of pile driving, percussion or vibro;

(d) proposed location of any displaced vessels during the works;

(e) all sinkers, ground chain, risers and mooring buoys are removed from the bed of the river and disposed of correctly;

(f) two fixed green vertical navigation lights to be established on the furthest upstream and downstream outer pontoons; and

(g) any lighting established on the pontoon system must be off a type that does not interfere with safe navigation.

Universal Marina

Details of this proposal are appended to this report as Annex B. The recommendation is:

That the River Hamble Harbour Board consider whether to grant conditional consent, subject to the views of the River Hamble Harbour Management Committee, allowing Universal Marina to relocate, drive new piles and install a continuous pontoon, as detailed in the proposed plans set out on DRG No 8686/13, Scale 1:1000 Title J13 - 15 Pontoons. Should conditional consent be granted by the River Hamble Harbour Board, it is recommended to include as part of any consent the following conditions, that:

(i) copies of all other consents required for this project are produced to the Harbour Master before proceeding with the works;

(ii) the developer produces, to the Harbour Master before proceeding with the works, a method statement to include:

(a) start and completion dates of the works; and

(b) type of pile driving, percussion or vibro; and

(iii) the number of boats moored at the location is not increased beyond the current numbers.

Boat Scrubber Limited

Details of this proposal are appended to this report as Annex C. The recommendation is:

That the River Hamble Harbour Board consider whether to grant conditional consent, subject to the views of the River Hamble Harbour Management Committee, allowing Boat Scrubber Limited to install a Fybrespace operator's shelter. Should conditional consent be granted by the River Hamble Harbour Board, it is recommended to include as part of any consent the following conditions, that:

(i) the shelter to be as shown in the photograph at Annex C to this report and be sympathetic to the immediate environment;

(ii) the colour of the shelter be white, or off-white;

(iii) the shelter's dimensions and weight not to exceed 1.5 metres wide, 2.7 metres long, 2.4 metres high and 300 kilograms in weight;

(iv) should the shelter fall into disrepair and not be maintained in a reasonable condition the Harbour Master may require that the shelter be removed; and

(v) if a change to the ownership or a change to the use of the pontoon occurs the Harbour Master may require the shelter to be removed.

However, this is a particularly sensitive site visually, and Members may prefer to seek ways of substantially reducing the visual impact of what is being proposed through discussions with the developer prior to formally giving consent.

538/TC

APPENDIX

Annex A to Report of the Director of Environment

To River Hamble Harbour Board dated 8 September 2005

Eastlands Boatyard

1. Eastlands Boatyard has applied for conditional Harbour Authority consent to modernise the moorings which are located directly upstream of the M27 road bridge.

2. The existing boatyard moorings consists of two mooring trots and ground tackle in the middle of the River and two further inner trots. These moorings largely consist of pontoons providing berthing on each side. There are currently moorings for 46 boats using 4 trots utilising 23 mooring buoys. Access to the inner south mooring is gained by a piled jetty running across the marshland. At the southern end of the site is an operational slipway with a small pontoon.

3. The moorings are secured with sinkers and chains and are in a poor condition and will shortly require attention. The access jetty across the marshland is sub-standard and requires immediate attention. The option to rebuild the jetty is likely to cause damage to the marshland during the construction. In order for this long established yard to remain viable it is necessary to renew much of the mooring arrangement. This will also provide an opportunity to clean up this area of the River and reduce the space taken up with moorings. It is also an opportunity, with the agreement and help of the marina owner, to move the moorings restricted area further downstream.

4. The boatyard operator has produced a plan which removes all the mooring tackle from the River bed, reduces the extent of the northerly mooring area and also completely removes the piled jetty from the marshland and mudflats.

5. The details of the scheme are:

a. install a continuous piled pontoon mooring in the River matching the current footprint. The pontoons will be re-positioned to match the river bed contours whilst still leaving safe navigable access upstream. Having the pontooning fixed also removes the problem of the mooring moving out into the main channel, restricting its width, as the tide rises and falls.

b. the boatyard owner is willing to reduce the moorings upstream and move the northern limit of moorings downstream. To help achieve this he will provide free moorings to the disabled charity vessels, which currently sit on a trot well upstream from the boatyard. Free access will be given to the coxswain and maintenance staff but disabled access will remain from the Country Park Jetty.

c. the access jetty will be removed from the inter-tidal mudflats and marshland completely and access will be gained from a pontoon system running alongside the slipway with a link to the pontoons.

6. The benefits of the proposed scheme are:

a. all ground tackle is removed from the River.

b. the inner north mooring location is removed completely.

c. the southern inner mooring is moved away from the mudflats.

d. the existing access is removed from the marshland.

e. safe navigation will be maintained past the moorings without drift at low tide.

f. safe access to the moorings will be provided.

g. no increase in boat numbers will be allowed.

h. there is no requirement for dredging.

i. the northerly limit of moorings will be moved further south.

7. Full details of the proposed development are set out in the plan titled Proposed New Layout, plan number DRG Number 8790/3, Scale 1:500.

8. Harbour Master's Comments

8.1 The proposed plan is an opportunity to:

a. clean up this area of the River and withdraw the moorings into a tighter area.

b. reduce the danger of moorings drifting into the main channel.

c. remove all ground tackle from the river bed.

d. remove the walkway across the marshland and inter-tidal mudflats which has fallen into disrepair.

8.2 The proposed development does not have any adverse effects on navigational safety.

9. Conservation (Natural Habitats &c.) Regulations

9.1 The proposed works lie within a European Marine Site and a Site of Special Scientific Interest.

10. Harbour Works Regulations 1999

10.1 It is considered that this application constitutes a "Relevant Project". The Harbour Master should be informed of the proposed timing and method statement for the works. Mitigation would be discussed between the Environment Agency, English Nature and the Harbour Authority. Pontooning these trot type moorings would also be an opportunity to reduce the ground tackle in the River and may therefore reduce disturbance to the species and features of the designated sites.

Annex B to Report of the Director of Environment

To River Hamble Harbour Board dated 8 September 2005

Application to Re-pile and Install Continuous Pontooning

John Willment Marine - Universal Marina

1. Universal Marina has applied for conditional consent to install a continuous pontoon run on piles J13 to J15 as detailed on drawing number DRG No 8686/13 Scale 1:1000 titled J13-J15 Pontoons.

2. Piles J13, J14 and J15 are located midstream on the eastern side of the main fairway off Universal Marina. Ownership of the piles has recently been transferred from the Crown Estate to Universal Marina.

3. Universal Marina has now requested consent to move pile J13, 10 metres upstream, drive a further three piles and install a continuous pontoon run. The proposed development will increase the gap between J12* and J13 from 45 metres to 55 metres. This gap is used as an approach route to the main landing and boat hoist of Universal Marina.

4. The gap from J15 to J16 will be reduced by 10 metres to 35 metres which allows safe manoeuvring room for boats to approach and depart from the inner moorings.

5. Harbour Master's Comments

5.1 Moving the piles and installing a continuous pontoon run does not have any adverse effects on navigational safety.

5.2 The alterations to the gaps, both upstream and downstream, does not have any adverse effect on navigational safety.

5.3 Widening the downstream gap improves the access for vessels entering the boat hoist and main entrance route into the marina area.

6. Conservation (Natural Habitats &c.) Regulations

6.1 The proposed works lie within a European Marine Site and adjacent to a Special Site of Scientific Interest.

7. Harbour Works Regulations 1999

7.1 It is not considered that this application constitutes a "Relevant Project". The Harbour Master should be informed of the proposed timing and method statement for the works. Mitigation, if required, would be discussed between the Environment Agency, English Nature and the Harbour Authority. Pontooning these piles would be an opportunity to increase the number of moorings on the River and therefore may increase disturbance to the species and features of the designated sites.

Annex C to Report of the Director of Environment

To River Hamble Harbour Board dated 8 September 2005

Application To Install An Operators Shelter On Boat Scrubber Pontoon

Boat Scrubber Limited

1. Boat Scrubber Limited has applied for conditional consent to install a shelter for its operator on the boat scrubber pontoon. The Boat Scrubber pontoon is located on the eastern side of the main fairway upstream of the visitors' piles.

2. The purpose of the structure is to provide a shelter for the Boat Scrubber Operator during working hours, that will protect him/her from the elements on an exposed pontoon. The developer has stated that the shelter is for the safety and welfare of the operators. Boat Scrubber Limited has stated "the safety of the operator is of paramount importance to us and this seems to be the most effective way of providing humane safe working conditions in this particular location."

3. The current arrangement is not to have the equipment manned during the working day. The operator has reported that not having an operator available to react to passing business is detrimental to the business. The operator also suggests that the site should be manned to help gain further passing business.

4. Alternative means of accommodation might be a possibility.

5. Harbour Master's Comments

5.1 The type of construction appears sympathetic to the immediate environment.

5.2 The River Hamble Harbour Board should be aware that the following new strategic principle was adopted by the Harbour Authority at the River Hamble Harbour Management Committee meeting on the 20 April 2005. The Strategic Principles to Guide Development on the River Hamble are awaiting a reprint, when the amendment will be added to the document:

`There is a general presumption against buildings or structures on pontoons or jetties, unless it can be demonstrated that the building or structure is essential to a commercial operation and that there is no sensible alternative location, and the scale and design of the structure do not detract from the safe use of the River or the character of the area.'

5.3 I would recommend that the shelter is essential for the safe operation of Boat Scrubber and that the scale and design does not detract or have an impact on navigational safety or alter the character of the area.

5.4 The current practice is not to have the pontoon manned full time.

5.5 Boat Scrubber has requested that the attached letter be presented to the Harbour Board as part of its application for conditional consent.

6. Conservation (Natural Habitats &c.) Regulations

6.1 The proposed works lie within a European Marine Site.

7. Harbour Works Regulations 1999

7.1 It is not considered that this application constitutes a "Relevant Project". The Harbour Master should be informed of the proposed timing and method statement for the works.

8. Excerpt from Letter from Boat Scrubber Limited

The purpose of the structure is to provide a shelter for our Boat Scrubber Operator during working hours, somewhere that will protect him from the elements on what is a completely exposed pontoon. The safety of our operators is of paramount importance to us and this seems to be the most effective way of providing humane safe working conditions in this particular location.

Whilst considering the type of structure to use, we are particularly sensitive to it's outward appearance and construction and while a lot of timber or aluminium options were investigated, the fybrespace product shown in the attachment is in our opinion the most sympathetic to the immediate environment. All the piles and pontoons along this stretch of the river provide mooring for sail and power boats, 99% of these are of white fibreglass construction. The fyberspace hut is of an identical construction and most certainly does not stand out or present an unsightly appearance particularly as it is against a back drop of boats moored along the back side of our own pontoon.

Our ability to operate a successful Boat Scrubber operation on the Hamble depends on us being able to offer a fast response to customers requiring scrubbing. Without a shelter, we would be unable to man the station during cold or inclement weather conditions and would completely fail to attract passing trade as we would only man the unit for prebooked scrubbed.

The whole Boat Scrubber concept is an environmentally sound one, providing a real alternative solution to the use of toxic hull paints. The River Hamble would benefit over time from a reduction in biocide levels and accumulated copper that is steadily poisoning all our waterways. Independent tests on water samples taken form other sites have shown us that there is no negative impact on water quality as a result of a Boat Scrubber operation.