Archived decisions

Item 3

AT A MEETING of the RIVER HAMBLE HARBOUR BOARD held at The Roy Underdown Pavilion, Hamble on 20 January 2006.

Hampshire County Council

p Councillor T.G. Knight (Chairman)

p Councillor J.V. Bryant

a Councillor K. House

Independent Members

p Mr. T. Lovell

p Mr. C. Moody

p Dr. S. Tomson

Marine Director

p Mr. D. Evans

Also Present

Cllr Dr. R.J. Ellis, Chairman of the Management Committee

53 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 is discussed.

Personal interests were declared by Mr. T. Lovell and Dr. S. Tomson as members of the Royal Southern Yacht Club in relation to Minute 58 below.

54 MINUTES

The Minutes of the meeting of the Board held on 15 December, 2005 were confirmed as a correct record and signed by the Chairman.

55 CHAIRMAN'S COMMUNICATIONS

The Chairman had no communications to make on this occasion.

56 DEPUTATIONS

The Board received a deputation from Kate Cullen, the Clerk of Hamble-le-Rice Parish Council, relating to the Royal Southern Yacht Club - Minute 58.

57 HARBOUR MASTER'S REPORT

The Board considered a report of the Director of Environment (Item 6 in the Minute Book) summarising activities and events on the river since the last meeting. The Board also had before them an update report by the Harbour Master (Item 6(x) in the Minute Book) which gave details of more recent events. Reference was made to a further incident on 1 January when a patrol had rescued two sailors from an upturned dinghy. Members commented that there were still far too many boats on the River which were carelessly or inadequately moored with resultant safety implications for all River users. In response to questions, the Harbour Master undertook to continue making the case for improved arrangements to dispose of pyrotechnics.

RESOLVED:

That the Harbour Master's report and the addendum thereto be noted.

58 PLANNING AND CONSENTS - ROYAL SOUTHERN YACHT CLUB

The Board considered a report of the Director of Environment (Item 7(a) in the Minute Book) on revised proposals put forward by the Royal Southern Yacht Club for the refurbishment of their pontoons and creation of a regatta centre following further discussions with their neighbours, the RAF Yacht Club, as requested at the Board's last meeting. It was reported that the RAF Yacht Club had now withdrawn their opposition to the proposals subject to the imposition of appropriate conditions. It was further reported that the revised application had been debated by the Management Committee who had supported the application, again, subject to appropriate conditions.

Members drew attention to the undertaking by the Club not to apply for any 28-day closures of the inner channel, and the Board considered that this should be the subject of a further condition that they would not apply for any such closure. Although some concerns were still expressed about the operation and potential safety implications of the moveable bridge, the Board were of the view that these could be overcome by suitable conditions and effective management. A number of detailed amendments were made to the conditions, and these are incorporated in the resolution set out below.

RESOLVED:

That approval be given to the revised proposals of the Royal Southern Yacht Club to proceed with the proposed plans to refurbish their pontoons as set out in drawing number MO504/202 dated 17 November 2004 and drawing number MO504/202/01 dated 9 November 2005, subject to the following conditions:-

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


(2) That the number of boats moored within the curtilage of the Royal Southern Yacht Club be not increased beyond the current allocation of vessels in that area, but that temporary consents may be given by the Harbour Master to exceed that restriction during notified regattas, subject to payment of harbour dues;


(3) That the Royal Southern Yacht Club be required to establish and maintain a solar-powered navigation light on each of the furthest upstream and downstream outer piles of the proposed structure; both lights to have the characteristics : F1.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;


(4) That 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;


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


(6) That the Royal Southern Yacht Club be required to complete an initial risk assessment, thereafter to 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 to be the responsibility of the Royal Southern Yacht Club but procedures to manage those risks to be cleared by the Harbour Master. Any identified risks or dangers must be reduced to As Low As Reasonably Practicable (ALARP). Should any costs be incurred in managing any identified risks, these costs would be the responsibility of the Royal Southern Yacht Club;


(7) That 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 to record this information in the Harbour Safety Management System;


(8) That 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 except when the bridge is in use. The inner channel not to be blocked by moored vessels or other obstructions at any time. Should the bridge be in use for a significant period, Royal Southern Yacht Club Bosuns, on request, to arrange to have the bridge opened. Contact telephone numbers, to enable such requests, to be arranged by the Royal Southern Yacht Club. A significant period would be any time over 15 minutes;


(9) That the depth of water at the bridge be not less than three (3) metres and the width available for vessels transiting to be not less than seven (7) metres. A sign with this information to be established and maintained by the Royal Southern Yacht Club at the upstream and downstream entrances to the waterway;


(10) That a sign and yellow flashing light, to be operated automatically when the bridge is in use, be established at the upstream and downstream entrances to the waterway, to give warning that the bridge is down and therefore closing the waterway. The signs in (9) and (10) may be combined and should be clear and concise, the wording to be agreed by the Harbour Master before they are established. The risk assessment to establish the signalling and operating system taking into account:


(a) A delay built into the system to enable the warning lights to come on, giving boats time safely to clear through the system before the bridge operates;


(b) The bridge to be operated by a key pad to avoid misuse;


(c) Royal Southern Yacht Club's bosuns' telephone numbers to be on show and published to the Royal Air Force Yacht Club Members;


(d) A manually-operated system to be built into the design of the bridge, thereby ensuring the bridge could be opened should there be a mechanical failure;


(11) That 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) A disposal plan for any obsolete pontooning and floats.


(c) A risk assessment as detailed above.


(d) The type of pile driving to be confirmed as vibro piling.


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


(12) That the developer adhere to the approved method statement throughout the process. Major amendments not to be permitted and minor amendments to have the prior written approval of the Harbour Master;


(13) That once the hydraulic bridge has been established, the Harbour Authority will not consider any application to grant the Royal Southern Yacht Club a 28 day closure consent of the inner channel. The conditions as set out in (8) above must be followed.


(14) That should any of the above conditions not be established in the initial works, or not adhered to in the operation of the system at any time in the future, the Harbour Authority to cancel all consent and instruct the Royal Southern Yacht Club to remove the walkway and bridge, returning the works to its original condition and layout.

59 PLANNING AND CONSENTS - RIVERSIDE BOATYARD

The Board considered the report of the Director of Environment (Item 7(b) in the Minute Book) on proposals for revised pontoon layout submitted by the Riverside Boatyard. It was explained that previous proposals had been approved by the Board on the recommendation of the Management Committee, but that the planning application had been refused by Eastleigh Borough Council. Members felt that the revised layout was an improvement on the original in safety terms, and welcomed the linked proposals to clean up the eastern river bank.

RESOLVED:

That approval be given to the revised proposals to allow the Riverside Boatyard to proceed with the proposed plans to refurbish their boatyard as set out on drawing number DRG NO.8818/2 title: Proposed New Layout Scale 1 : 1250, subject to the following conditions:-

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


(2) That the number of boats moored within the curtilage of Riverside Boatyard be not increased beyond the current allocation of vessels as agreed by the Harbour Master;


(3) That the developer produce 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 to be confirmed as vibro piling.


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


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


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


(6) That two fixed red vertical navigation lights be established and maintained by Riverside Boatyard on the furthest upstream and downstream outer pontoons, the lights to be established by Riverside Boatyard within 6 hours of the pontoon being in place.


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


(8) That the Harbour Master be authorised to agree such other conditions as may be appropriate.

60 ENVIRONMENTAL UPDATE

The Board considered the report of the Director of Environment (Item 8 in the Minute Book) on events and activities relating to the environment of the River. Concerns were expressed by members about the environmental impact of commercial bait digging on lines similar to those previously expressed by the Management Committee. There were considerable difficulties in enforcement since it had to be demonstrated that the bait digging was being carried out for commercial rather than personal use. Among the suggestions made were that an attempt could be made to control the problem through more stringent terms in the byelaws when they were revised; through sharing best practice with other comparable harbours and with English Nature; and in the interim through appropriate signs, notices and announcements made by the Harbour Authority.

Reference was made to imminent consultations on the Marine Bill, policy on houseboats, and on port waste. As the timetable for these was unlikely to permit consideration by both Management Committee and Board, Members felt that the Harbour Master should prepare suitable responses and forward those responses to Members of the Board and Management Committee for comment before submission.

RESOLVED:

(1) That the report be noted and that Board allow the River Hamble Estuary Management Plan Implementation Forum to present an annual update on its work at the River Hamble Forum.


(2) That the Director of Environment be requested to prepare suitable responses on behalf of the Harbour Authority to consultations on the Marine Bill, Houseboats and Port Waste when they are published, with copies of those responses to be forwarded to Members of the Board and Management Committee.

61 A VISITOR STRATEGY FOR THE RIVER HAMBLE

The Board considered the report of the Director of Environment (Item 9 in the Minute Book) on the provision of facilities for visitors to the River and recommending a strategy for adoption by the Board. This item had been considered by the Management Committee who were in support of the approach recommended. The Marine Director reported receipt of the letter from Hamble-le-Rice Parish Council expressing concern about provision for week long mooring on the public landing facility, but it was pointed out that no River users stayed longer than 3 days in any event. Several Members expressed the aspiration that the various parties concerned should seek to agree a coordinated plan for the redevelopment of the Warsash frontage to the River, with a view to its environmental enhancement, provision of improved facilities and commercial opportunities, all of which were felt to contribute to the enjoyment of River users both actual and potential. In response the Marine Director undertook to remain in close contact with Fareham Borough Council in the hope of promoting positive and acceptable solutions on the Warsash side of the River. In general terms Members considered that there was scope to consult with the various clubs and marinas to establish which of them could provide facilities for visitors to the River.

With regard to charges, the Board were firmly of the view that the overnight rate should be enforced, that there should be enforceable penalties for those who stay longer than 30 days and also penalties for non-payment of charges, both at 3 times the daily rate. They considered that all charges and fees should be paid in advance and that there should be clearly displayed signs and notices so that nobody was in any doubt as to what the charging rates were.

RESOLVED:

That the Visitor Strategy encompassed by Option 1 and Appendix 1 of the report be adopted, based on the review of options and taking into account the views of the River Hamble Harbour Management Committee, and summarised below:-

(1) It be acknowledged by the Harbour Authority that it has no statutory remit to encourage visitors to the River Hamble or to provide facilities for them.


(2) It be acknowledged by the Harbour Authority that visitors continue to come to the River Hamble and that it had 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.


(3) The Visitor Partnership with the Crown Estate be terminated.


(4) Subject to Crown Estate agreement, the current visitor pile moorings be reallocated 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).


(5) Subject to Crown Estate agreement, ownership of the visitor pontoon (from adjacent to 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.


(6) The provision of a maximum of about 45 visitor berths be continued by the Harbour Authority (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.


(7) The proposed visitor fees structure be adopted as set out in the Appendix to these Minutes, with effect from 1 April 2006.


(8) Provision not be made by the Harbour Authority for any additional shore-side facilities such as toilets, showers or laundry, unless a sound business case can be developed.


(9) The provision of information and interpretation boards for non-boating visitors to the River be continued by the Harbour Authority.


(10) Liaison continue between the Harbour Authority and Fareham and Eastleigh Borough Councils to seek 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.

62 MINUTES OF THE RIVER HAMBLE HARBOUR MANAGEMENT COMMITTEE - MEETING ON 11 JANUARY 2006

The Board received copies of the Minutes (Item 10 in the Minute Book) which had previously been circulated to Members be email.

63 ITEMS FOR FUTURE MEETINGS

The Board considered the report of the Chief Executive (Item 11 in the Minute Book) on the forward plan of items to be considered at future meetings. The following items were added:

Port Marine Safety Code - March and July
Environmental Update - May and September
Marine Bill Update - March
Hamble Estuary Forum - March
Review of Byelaws - September


The report would be updated accordingly for the Board's next meeting.

8hM020106

Appendix 1

The following table sets out the new scale of charges for visitors using Harbour Authority facilities:

TABLE SHOWING PROPOSED REVISED VISITORS FEE STRUCTURE

Note 1. First 30 minutes free of charge for pick-up and drop-off. Such vessels must be attended at all times.

Note 2. Any vessel alongside at any time during the period between 1700 and 0900 hours must pay the overnight rate, regardless of duration of stay. Vessels with genuine emergencies (medical, engine breakdown, etc) will get the first 24 hours free.

Note 3. This rate also applies to long-term sub-lets. In the case of sub-lets, the Crown Estate has already agreed that the extra income generated from the £0.05p/metre increase should all accrue to the Harbour Authority, in lieu of Harbour Dues. Obviously, the minimum fee chargeable for a visitor mooring must be at least the same as the flat rate Harbour Dues already approved. At £0.55p per metre for the visitor pile moorings, this will only work for vessels over 11 metres LOA. This would be solved by imposing a minimum fee for the visitor pile moorings of £6.00 (for vessels up to and including 11 metres LOA) plus £0.55p per metre above 11 metres. This problem will be eliminated if the visitors pile moorings are discontinued.

Note 4. Tokens valid during calendar year of purchase only, and unused tokens not refundable. Tokens are intended to provide a discount to encourage regular visitors (such as sailing school yachts).

Special Deals

Visitor pricing will include `special deals' for the Winter Series and Spring Series and discounted rates for periods of low demand. The Series run during Oct/Nov/Dec and Mar/Apr, so there is normally a 2 month period when no racing boats use the pontoon. A winter visitors package of 6 months (mid-October to mid-April, with dates adjusted to suit the Winter and Spring Series) will be made available at a discounted rate. The charge will be £50 per metre for the whole six-month period with an alternative of £17.50 per metre (increased from the current £15) for the period covering either of the racing series for those who prefer it.

In order to deter boat-owners from using visitor moorings as a long-term berthing solution (thereby denying the berth to bona fide visitors) a maximum duration of stay will be imposed. This will be 30 days during the summer (mid-April to mid-October) and 6 months during the winter (mid-October to mid-April).