Contact: Tony Clatworthy, tel 01489 576387

email: [email protected]

1. Summary

1.1 This report details the request from the Crown Estate for Harbour Works Consent to draw the `HP' piles (formally the Visitors' piles) drive replacements and install a continuous 160 metre pontoon. The proposed works require 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 for consent but pointed out that the amended plans show no 20-metre access gap between piles HP9 and HP10.

3. Proposals

3.1 The `HP' piles currently support six double piled moorings for the Crown Estate licensed mooring holders. The six `HP' piles are reaching the end of their useful life and will shortly require replacing. The Crown Estate has requested Harbour Authority Works Consent to withdraw and replace the `HP' piles and install a 160 metre continuous pontoon. The pontoon will be used to moor private licence holders. Details of the proposed development are on Drawing No. 6117/P/100 Revision B dated October 2006, entitled General Arrangement, attached, a larger version of which 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 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 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 of the HP piles.

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 HP piles are due for replacement.

5.2 The installation of a pontoon will not increase the number of vessels moored at this location.

5.3 It has been assessed that the works will have no adverse impact on navigational safety, therefore a risk assessment for the proposed development is not required.

5.4 The proposed development does not increase the number of vessels moored in the area and therefore there will be little or no increase to disturbance that might have an environmental impact. Consultation regarding this matter has been carried out with the Environment Agency and Natural England.

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 consent for the Harbour Works, allowing the Crown Estate to proceed with the proposed plans to draw the `HP' piles, drive replacements and install a pontooning system as referred to on Drawing No. 6117/P/100 Revision B dated October 2006, entitled General Arrangement, and that all copies of required consents are supplied to the Harbour Authority before commencement of the works.

1110/TC