Contact: Tony Clatworthy, tel 01489 576387

email: [email protected]

1. Summary

1.1 The report details the application for Harbour Works Consent for a proposed jetty to be installed adjacent to `Parsons Plot', a dwelling on the western bank of the River Hamble at Lands End, Bursledon. The installation of the proposed jetty requires Harbour Authority Works Consent.

2. Reason

2.1 A decision on this matter is a statutory obligation of the Harbour Authority.

2.2 On 15 November 2006 the River Hamble Harbour Management Committee endorsed the recommendation to grant Conditional Consent, but subject to a condition being agreed with the applicants whereby they would fund the provision of an equivalent area of inter-tidal mudland elsewhere on the River, to replace the area which will be lost as a result of constructing their proposed jetty.

3. Proposals

3.1 The occupant of `Parson's Plot' has requested Harbour Authority Works Consent to install a 12 metre jetty supported by two piles with a walkway of 10 metres supported by mini-piles direct from the garden of the property, which is directly adjacent to the River bank. The River bank at the location where the walkway will join the garden is a wall. Drawing No. 8845, entitled New Pontoon Position and dated July 2006, gives all relevant details of the proposal and is attached. A larger version can be viewed at the Harbour Office.

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 Regulations 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 and Ramsar site. The whole river is within the Solent Maritime Special Area of Conservation.

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 and responsibilities under the Habitat Regulations are addressed. This area of responsibility includes the following proposed development at Parsons Plot.

4.5 The Harbour Authority addresses its responsibilities under the environmental regulations through consultation with Hampshire County Council, the Borough Councils, the Department for the Environment, Food and Rural Affairs, Natural England, English Heritage and the Environment Agency. Specific issues relevant to this particular application are covered within the Harbour Master's comments below.

4.6 Navigational Safety issues are addressed through the Port Marine Safety Code and the Harbour's Safety Management System. Specific issues relevant to this particular application are covered within the Harbour Master's comments below.

5. Harbour Master's Comments

5.1 The proposed jetty is similar in size and build to other pontoons in the area and will not have an adverse impact on navigational safety.

5.2 This development will constitute a new mooring but falls within the current allowable total of 3,261 moorings.

5.3 The vessel moored on the jetty will be liable for Harbour Dues.

5.4 To establish any environmental implications concerning the proposed development, consultation with the Environment Agency and Natural England was undertaken. It was noted that the proposed jetty will rest on inter-tidal mud and the Environment Agency and Natural England have requested that a similar area of inter-tidal mud be sought in compensation. This can be arranged through the Harbour Authority as a number of sites of similar sizes are available throughout the River.

6. Impact Assessments

6.1 This decision will have no impact on the services and facilities provided by the Harbour Authority and has not been subjected to an Equalities Impact Assessment.

Recommendation

That the River Hamble Harbour Board, taking into account the comments of the River Hamble Harbour Management Committee, grants Conditional Consent for the Harbour Works, allowing the occupant of `Parson's Plot' to proceed with the proposal to install a jetty referred to in the plans - Drawing No. 8845, entitled New Pontoon Position and dated July 2006, with the following condition:

(i) that the proposed application be granted Harbour Works Consent subject to suitable arrangements for a similar area of inter-tidal mud to be allotted and restored in compensation, to be funded by the applicant.

1109/TC