Item 3

AT A MEETING of the RIVER HAMBLE HARBOUR MANAGEMENT COMMITTEE held at the Bursledon Village Hall on Wednesday 11 January 2006.

Also present

Councillor T.G. Knight, Councillor J.V. Bryant and Councillor J.K. West.

47. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillor Rice who was on other business for Hampshire County Council, Councillor Price, Councillor Pepper, Councillor Wright, Councillor Cartwright and Mr Bourne, Mr Greensmith and Mr Eads.

48. 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.

Councillor Mrs Sutton declared a personal interest as a mooring holder and a member of Royal Southern Yacht Club (RSnYC).

Councillor Mrs Bailey declared a personal interest as a mooring holder and with a boat in the Hamble Dinghy Park.

Councillor Woodward declared a personal interest as a berth holder in Premier Marina in Swanwick.

Mr Alexander declared a personal interest as a mooring holder and a member of Warsash Sailing Club.

Mr Peddley declared a prejudicial interest as the Commodore of RSnYC. During the item on Planning and Consents (Minute 53) he remained in the room but did not take part in the discussion and did not vote.

49. MINUTES

The minutes of the meeting held on 6 December 2005 were confirmed as a correct record and signed by the Chairman.

50. CHAIRMAN'S COMMUNICATIONS

The Chairman reported that the Committee had received a letter from Hamble-le-Rice Parish Council, which was circulated for information, regarding the items on Planning and Consents (Minute 53) and the Visitor Strategy for the River Hamble (Minute 55) which would be considered at the time of the appropriate item. He also reported that he had received several emails from the Upper Hamble Canoe Club concerning kayaks and canoes being charged Harbour Dues. It was felt that this issue could be covered by the Working Group on Supervision Charges (Minute 56).

51. DEPUTATIONS

The Committee were advised that there had been a request received for a deputation by a representative of the RSnYC, but this had been subsequently withdrawn in favour of making a deputation to the River Hamble Harbour Board.

52. HARBOUR MASTER'S REPORT

The Committee considered and noted the report of the Director of Environment (Item 6 in the Minute Book) which summarised the activities and events on the River from 26 October 2005. A supplementary report (Item 6x in the Minute Book) was circulated which detailed those incidents which had occurred since the report had been finalised. It was confirmed that the Harbour Master's Office would follow correct legal procedure to collect unpaid mooring fees. It was noted for accuracy that EPIRB (Emergency Position Indicating Radio Beacon) had been incorrectly spelt in the report.

53. PLANNING AND CONSENTS

The Committee considered the report of the Director of Environment (Item 7 in the Minute Book) detailing the application from Royal Southern Yacht Club (RSnYC) for conditional consent to make improvements to its pontoons. It was outlined that the Harbour Board had referred this item back to the Management Committee in order to give RSnYC time to undertake further consultations with interested parties, most notably its neighbouring club, the Royal Air Force Yacht Club (RAFYC). It was confirmed by the Chief Executive that, if conditional consent were given, RSnYC would be under a legal obligation to comply with the conditions as agreed.

It was explained that further discussions had taken place between RSnYC and RAFYC and that RSnYC had amended its application accordingly. The amendments included an agreement that RSnYC would not apply for, and the Harbour Master would not grant, permission from the Harbour Master to close the inner channel for 28 days per annum. It had also been outlined in the application that if the inner channel was closed for a significant period then RSnYC's bosuns would be on hand to raise the bridge for vessels to pass. The Harbour Master's suggestion was that `a significant period' would be 30 minutes or more. Furthermore, the default position for the hydraulic bridge over the inner channel would be open so that, when not in use, vessels could pass through at their convenience. Regarding the design of the hydraulic bridge, it was clarified that a risk assessment would take place to establish the most appropriate design of the bridge. The RAFYC had accordingly withdrawn its opposition to the proposals as referred to in their letter to RSnYC of 9 January 2006 (Item 7b in the Minute Book).

The objections raised in the letter from Hamble-le-Rice Parish Council (Item 7c in the Minute Book) were considered. It was agreed that the development should be correctly referred to as `pontoons' and not as a `marina'. It was noted that there were those who disagreed with the Harbour Master's risk assessment. This had concluded that it would be safer to cross the main channel and transit the River either with the flow of traffic or in the secondary channel on the eastern side out of the main channel. The Harbour Master's view was that for small tenders to manoeuvre through the area of the fuelling barge and the 5 exits of Port Hamble was a dangerous action and also that to travel at least 600 metres in a small craft against the flow of traffic was a dangerous manoeuvre. Those who disagreed with this assessment included Hamble-le-Rice Parish Council and Mr Alexander of the RYA. However, the view was maintained by the Harbour Master that this risk assessment was accurate and that when travelling against tide or wind it would also be safer for small sailing vessels to tack upwind through the main channel than through the narrow inner channel.

With respect to the statistics on speeding vessels on the River Hamble, it was emphasised that the 1,625 speeding vessels referred to by Hamble-le-Rice Parish Council covered a long period of time during the busiest time of year on the River and it also covered the whole 7 mile length of the River Hamble and not just this section. It was noted that the impact on the volume of traffic on this section of the river would not be significant if the inner channel were closed. The estimated increase would be 3 to 4 vessels per day.

It was confirmed that the inner channel would decrease as a result of these proposals if they were given consent. The width of the channel at the bridge would be 7 metres, allowing sufficient space for tenders and other small vessels to transit the channel. It was confirmed that the previous applications to the planning authority for renovations to the pontoons had been different in structure to the application under consideration.

Some Members expressed concerns about the effect these plans would have on the choices for river users and public access and felt that, should they be given conditional consent, appropriate monitoring should take place to ensure that conditions were being complied with. Other Members felt that RSnYC had acknowledged the concerns raised in previous meetings and had taken reasonable steps to overcome those issues and to reach agreement with RAFYC. Following a vote it was

RESOLVED

That it be a RECOMMENDATION to the River Hamble Harbour Board:

a) To allow the Royal Southern Yacht Club to proceed with the proposed plans to refurbish its pontoons as set out in drawing number M0504/202 dated 17 November 2004 and drawing number M0504/202/01 dated 9 November 2005.

b) To include as part of any consent the 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 curtilege of the Royal Southern Yacht Club marina not be increased beyond the current allocation of vessels in that area, but temporary consents may be given by the Harbour Master to exceed that restriction during notified regattas, subject to payment of harbour dues;

(iii) the Royal Southern Yacht Club establish and maintain a solar-powered navigation light on each of the furthest upstream and downstream outer piles of the proposed marina, both lights to have the characteristics: Fl. R.4 sec. The lights to be established such that they are operational throughout the hours of darkness during the construction period and at all times thereafter and are of a type approved by the Harbour Master;

(iv) the upstream and downstream outer piles be painted with a two metre band of high visibility red paint within 12 hours of the build being completed and thereafter maintained by the Royal Southern Yacht Club;

(v) all services currently laid on the bed of the River be removed from the River and the River bed to be returned to its original condition;

(vi) the Royal Southern Yacht Club complete an initial risk assessment, which thereafter must be updated on an annual basis, to identify any possible dangers to those using the bridge either as pedestrians or transiting on the water. The risk assessment and management of any identified risks would be the responsibility of the Royal Southern Yacht Club but procedures to manage those risks would be cleared by the Harbour Master. Any identified risks or dangers must be reduced to As Low As Reasonably Possible (ALARP). Should there be any costs incurred in managing any identified risks, these costs would be the responsibility of the Royal Southern Yacht Club;

(vii) evidence of a maintenance routine and the annual risk assessment be produced to the Harbour Master during the first week of January each year confirming that all risks are at ALARP. The Harbour Master would record this information in the Harbour Safety Management System;

(viii) the proposed hydraulic bridge structure's default position be set at `open' (with a manual over-ride provided to open the bridge in the event of hydraulic failure), allowing tenders and yachts to transit the area at all times when the bridge is not in use unless specific permission has been granted by the Harbour Master allowing it to remain in a `closed' position thereby closing the waterway. A Notice to River Users would be issued in those circumstances;

(ix) the depth of water at the bridge be no less than 3 metres and the width available for vessels transiting be no less than 7 metres and a sign with this information be established and maintained by the Royal Southern Yacht Club at the upstream and downstream entrance to the waterway;

(x) a sign and yellow flashing light, to be operated automatically when the bridge is in use, be established at the upstream and downstream entrance to the waterway, to give warning that the bridge is down and therefore closing the waterway. The signs in (ix) and (x) may be combined and should be clear and concise, the wording to be agreed by the Harbour Master before they are established;

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

(a) start and completion dates for the works;

(b) disposal plan for any obsolete pontooning and floats;

(c) risk assessment as detailed above;

(c) type of pile driving to be confirmed as vibro piling; and

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

(xii) the developer adhere to the approved method statement throughout the process. Major amendments would not be permitted and minor amendments must have had the prior written approval of the Harbour Master.

54. ENVIRONMENTAL UPDATE

The Committee considered the report of the Director of Environment (Item 8 in the Minute Book) summarising activities and events regarding the environment of the River since July 2005. The purpose and structure of the River Hamble Estuary Management Plan Implementation Forum was explained to the Committee. The Plan had been established by a steering group which had then formed the Implementation Forum which aimed to ensure the proper implementation of the Management Plan, its policies and its actions in the Estuary. The Forum was a multi-agency partnership between the Harbour Authority; the Crown Estates; English Nature; the Environment Agency; Hampshire and Wight Trust for Maritime Archaelogy; Fareham Borough Council; Eastleigh Borough Council; Hampshire County Council Countryside Service; and various associations and unions representing stakeholders from the Hamble Estuary. It was chaired by an independent Member - Dr Fletcher of Southampton Solent University. The Committee was informed that Harbour Authority's representative on the Forum was the Harbour Master and that the Assistant Harbour Master (Environment) administered the meetings. Members were keen to learn more about the Forum and it was agreed that they would be informed of the dates of the meetings and sent an electronic link to the Plan.

The Director of Environment outlined the difficulties with regard to the issue of bait collection. The Committee was reminded that bait collection for personal purposes was legally permissible, however bait collection for commercial purposes was not. The difficulty of proving that bait collectors were acting for commercial purposes was highlighted and the onus was on the Authorities to prove that this was the case. It was also explained that if a bait collector was digging on privately owned land without consent of the owner, then it would be a civil matter rather than a criminal one.

By-law number 31 for the River Hamble Undertaking stated that bait collectors must back-fill holes and could not dig within 6 metres of any structure or 15 metres of any mooring. The leaflet `Bait Collector's Code' was circulated for Members' information, however it was emphasised that those bait collectors who were digging for commercial purposes were unlikely to welcome this leaflet. It was confirmed that the Harbour Master's staff had been advised not to approach bait collectors suspected of digging for commercial purposes following several instances when staff had been subject to verbal abuse and threatening behaviour.

The ban on bait collecting on Fareham Creek was discussed and it was felt that this may have impacted on the number of bait collectors on the River Hamble. It was acknowledged that problems of this nature occurred throughout the Solent region. The Committee was advised that various research projects were being undertaken into the issue of bait collection and the potential environmental damage caused by the practice. It was acknowledged that in the long-term it may be necessary to strengthen the River's by-laws.

RESOLVED:

That it be a RECOMMENDATION to the River Hamble Harbour Board that the River Hamble Estuary Management Plan Implementation Forum be allowed to present an annual update on its work at the River Hamble Forum.

55. A VISITOR STRATEGY FOR THE RIVER HAMBLE

The Committee considered the report of the Director of Environment (Item 9 in the Minute Book) examining the role of the River Hamble Harbour Authority in the provision of facilities for visitors to the River. It was noted that although the Harbour Authority had no obligation to encourage visitors, it did not mean it should not do so and that visitors to the areas were not only boating visitors.

It was explained that, through the Visitor Partnership, the Harbour Authority paid half its income from visitors to the Crown Estate. The proposals to change the use of the visitors' (Millennium) pontoon and to swap part of the pontoon for some of the piles, if agreed, would depend on the decision of the Crown Estate. A financial evaluation of both piles and pontoon would be necessary but, if agreed, this would result in the full ownership of part of a pontoon by the Harbour Authority.

The Committee was assured that 45 visitors' berths would be ample facility for peak times based on analysis. It was reported that informal consultation on the establishment of a token system for regular visitors to the river such as Schools and Services had shown it to be considered an attractive and fair scheme. It was emphasised that the Harbour Authority owned no land suitable for providing shower and toilet facilities for visitors or for further parking spaces. It was suggested that the relevant Borough Councils, Eastleigh and Fareham may decide to provide such facilities if a good case was made for the need.

The Committee discussed the potential loss of the visitors' berths on the visitors' piles and Members were advised that a range of suitable moorings were available to those boats which had remained on the pontoon for long periods of time. It was emphasised that the Harbour Authority did not own any piles and therefore the decision of whether to change the purpose of the visitors' piles would be made by the Crown Estate.

With regard to the letter from Hamble-le-Rice Parish Council, the Committee was advised that there had always been a provision for week-long mooring on the public landing facility, based on seven days for the price of six, and that there was no proposal to change this. However, it was noted that this provision is rarely used. The Committee was assured that the Marine Director would confirm this to the Parish Council in writing.

RESOLVED

That it be a RECOMMENDATION to the River Hamble Harbour Board that:

a) the Harbour Authority acknowledges that it has no statutory remit to encourage visitors to the River Hamble or to provide facilities for them;

b) the Harbour Authority acknowledges that visitors will continue to come to the River Hamble and that it has an historic role in providing berths for their vessels, facilities for their crews, and for protecting and maintaining the environment and habitats of the River for the benefit of visitors of all types and interests;

c) the Visitor Partnership with the Crown Estate be terminated;

d) subject to Crown Estate agreement, the current visitor pile moorings be re-allocated as permanent moorings requiring planning permission (including, possibly, the consent of Fareham Borough Council as this would have an impact on land-based facilities such as parking) and that current long-term occupants of the moorings be advised of sub-let arrangements available to them;

e) subject to Crown Estate agreement, ownership of the visitor pontoon (from B7-B10) be transferred from the Harbour Authority to the Crown Estate, in return for the ownership of piles B1-B7 transferring from the Crown Estate to the Harbour Authority (see Appendix 1);

f) the Harbour Authority continues to provide a maximum of about 45 visitor berths (with a mixture of walk-ashore and mid-stream pontoons), with sewage pump out and waste disposal facilities available on the Warsash Jetty (to support ongoing environmental initiatives) and fresh water available on both that and the Hamble Jetty;

g) the proposed visitor fees structure at Appendix 2 be adopted;

h) the Harbour Authority not to provide any additional shore-side facilities such as toilets, showers or laundry, unless a sound business case can be developed;

i) the Harbour Authority continues to provide information and interpretation boards for non-boating visitors to the River; and

j) the Harbour Authority remains engaged with Fareham and Eastleigh Borough Councils in seeking innovative solutions to the problems of car and trailer parking in the vicinity of the River, and the provision of suitable toilet and shower facilities ashore.

56. ESTABLISHMENT OF A SUPERVISION CHARGES WORKING GROUP

The River Hamble Harbour Board had asked the Committee to establish a Working Group to investigate the issue of Supervision Charges, reporting its recommendations to the July meeting of the Board. The purpose of this Group would be to examine what suitable alternative arrangements there might be to Supervision Charges. It was felt by Committee that this Group could also consider the issue of Harbour Dues, including whether Canoes and Kayaks should pay them.

RESOLVED:

That Councillor Woodward chair the Supervision Charges Working Group, comprising Councillor Mrs Sutton, Councillor Cartwright, Mr Alexander and Mr Saint to examine the issues of Supervision Charges and Harbour Dues in detail and report back to the Management Committee in July.

57. BOAT CAPACITY OF THE RIVER HAMBLE

Mr Alexander gave an oral update on the progress made by this Working Group. The Group felt that they would benefit from viewing information regarding charts, types and numbers of boats and risk assessments for various parts of the river. It had also been agreed that the Group would arrange a visit to the river to see the extent of moorings, marinas and boat movements on a typical weekend. A visit would take place after the Easter weekend and the Group would report back at the May meeting. The Committee were reminded of the resolution of the meeting on 10 October 2005 which stated that the Working Group would consider the case for conducting a review of, or potentially abolishing, the current boat capacity limit.

58. GLOSSARY OF TERMS FOR INCLUSION IN THE STRATEGIC PRINCIPLES TO GUIDE THE DEVELOPMENT OF THE RIVER HAMBLE

Mr Alexander gave an oral update on the progress made by this Working Group. The Committee was advised that a draft document had been produced and that following circulation and verification by the Members of the Group it would be reported to the next Committee meeting.

59. ITEMS FOR FUTURE MEETINGS OF THE COMMITTEE

The Committee noted the report of the Chief Executive (Item 13 in the Minute Book) on items for future meetings.

60. DATES OF FUTURE MEETINGS

The Committee noted dates of future meetings as follows:

3 May 2006;

3 July 2006;

15 November 2006.