Contact: Tony Clatworthy, tel 01489 576387

email: [email protected]

1. Summary

1.1 On 10 October 2005 the River Hamble Harbour Management Committee recommended approval of conditional consents for Riverside Boatyard. The proposal for Riverside Boatyard was then put before the River Hamble Harbour Board on 21 October when conditional consent was granted. Riverside Boatyard, following consultations with the berth-holders, is requesting changes to the plans which have already been approved. The proposed plan changes are within the confines of the curtilage of the marina and are alterations to the previous proposed layout of the pontooning.

1.2 As the proposed works are within the curtilage and only affect the pontoon layout, and as the Management Committee approved the works on 10 October, it is requested that approval be given without returning the report to the Management Committee, as its next meeting is not until May 2006 which would put the project back and make it non-achievable until 2007.

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. Proposals

3.1 Riverside Boatyard has applied for conditional Harbour Authority consent to modernise the moorings located directly downstream of the M27 road bridge.

3.2 Conditional consent to construct new pontoons, and repair or remove existing pontoons was granted by the Executive Member for Environment on 2 April 2003. The considerable time between consent being granted and this new plan being put forward for consent has arisen due to consultations with English Nature, the Environment Agency and Eastleigh Borough Council regarding the condition and long-term plans for the site.

3.3 The revised application has the same footprint as the plan given consent by the River Hamble Harbour Board in October 2005, with alterations to allow safer access to the mooring during strong tidal flows.

4. Designated Sites and the Harbour Authority's Responsibilities

4.1 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.

4.2 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).

4.3 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.

4.4 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 proposed development for Riverside Boatyard which is set out in the attached appendix.

5. Impact Assessments

5.1 The installations of walk-ashore berths, provision of full services and improved decking will produce improved opportunities for handicapped sailors at Riverside Boatyard.

Recommendation

Details of this proposal are in the attached appendix. The recommendation is:

That the River Hamble Harbour Board supports this revised proposal allowing Riverside Boatyard to proceed with the proposed plans to refurbish its boatyard as set out on Drawing Number DRG No 8818/2 Title: Proposed New Layout; Scale 1:1250.

Should conditional consent be granted, 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 Riverside Boatyard not be increased beyond the current allocation of vessels as agreed by the Harbour Office;

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

(a) start and completion dates for the works;

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

(c) the type of pile driving technique to be employed to be vibro piling;

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

(e) all sinkers, ground chain, risers and mooring buoys to be made redundant by the modernisation be removed from the bed of the River and disposal plans produced to the Harbour Master;

(f) two fixed green vertical navigation lights to be established and maintained by Riverside Boatyard on the upstream and downstream ends of the mid-stream pontoon;

(g) two fixed red vertical navigation lights to be established and maintained by Riverside Boatyard on the furthest upstream and downstream outer pontoons, the lights to be established by Riverside Boatyard within six hours of the pontoon being in place; and

(h) any lighting established on the pontoon system to be of a type that does not interfere with safe navigation; and

(iv) the developer to adhere to the approved method statement throughout the process. Major amendments will not be permitted and minor amendments must have the prior approval of the Harbour Master in writing.

Riverside/TC

APPENDIX

Riverside Boatyard

1. Riverside Boatyard has applied for conditional Harbour Authority consent to modernise the moorings located directly downstream of the M27 road bridge.

2. Conditional consent to construct new pontoons, and repair and remove existing pontoons was granted by the Executive Member for Environment on 2 April 2003. There has been a considerable period between consent being granted and this new plan being put forward for consent. This has arisen because of consultations with English Nature, the Environment Agency and Eastleigh Borough Council regarding the condition and best long-term plans for the site. Conditional consent was granted by the Management Committee (10 October 2005) and the Harbour Board (21 October 2005) following further changes to the plans.

3. Following consultations both with English Nature and Eastleigh Borough Council it was English Nature's opinion that:

"The proposal is not likely to have a significant effect on the interest features of the European sites and therefore does not require an appropriate assessment under the Conservation (Natural Habitats, & c.) Regulations 1994. The proposed development is unlikely to have a detrimental effect on the SSSI."

4. The revised application has the same footprint as the plan already given consent in October 2005, with alterations to allow safer access to the mooring during strong tidal flows.

5. The benefits of the proposed scheme are:

a. All ground tackle is removed from the River apart from two mooring buoys.

b. Safe navigation will be maintained past the moorings without drift at low tide.

c. Safe access to the moorings will be provided.

d. No proposed increase in boat numbers.

e. No requirement for dredging.

f. Commences the first steps for the clean-up on this part of the River.

g. The mud berths on the eastern bank have been historically viewed as a marine scrapyard and the operator proposes that the three barges will be removed for scrap within three years from completion of the new berthing layout. The area will be cleared of small debris (old pontoons, junk, etc) during this period.

h. The area contains important archaeological wrecks and the operator is prepared to support the conservation of these wrecks. Discussions are ongoing with the local archaeologist. A three year period is required to allow sufficient time to arrange archaeological classification of any appropriate wrecks.

6. Harbour Master's Comments

6.1 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 most of the ground tackle from the River-bed; and

d. remove dilapidated, dangerous and unsightly pontoons from the River; also

e. the proposed development does not have any adverse effects on navigational safety and is believed to be beneficial to safer navigation.

6.2 It is worth noting that the marina owner has given very strong indications that once the revenue recovered from the proposed development allows, work will commence on the eastern bank clean-up. It should be noted that some material has been removed from that site over the last 18 months and the operator appears very keen to proceed further.

7. Conservation (Natural Habitats &c.) Regulations

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

8. Harbour Works Regulations 1999

8.1 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. Some of these moorings are `trot' type moorings, therefore it 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.