Contact: Tony Clatworthy, tel 01489 576387

email: [email protected]

1. Summary

1.1 This report details the application for Harbour Works Consent for proposed works to stabilise the bank and improve the flood defence system at Eastlands Boatyard. 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.

3. Proposals

3.1 The purpose of this application is to raise the seaward edge of the Boatyard to reduce flooding and stabilise the River embankment. This will be achieved by the use of steel sections driven into the ground at the edge of the existing hardstanding at intervals of approximately 2.4 metres. The gaps between the piles will allow timber planks (sleepers) to be inserted. This will provide a `soft' face to the structure whilst minimising any environmental impact.

3.2 The position and details of the works are shown on Drawing No. 8790/5A, dated May 2006, attached, a larger version of which can be viewed at the Harbour Office. The wall will be finished with a raised concrete capping beam to provide some additional safety for the parking area.

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 Eastlands Boatyard.

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 area is also a Site of Importance for Nature Conservation (SINC) designated locally by Fareham Borough Council, therefore full consultation will take place with the Biodiversity Officer's of Hampshire County Council, Fareham Borough Council, the Environment Agency and Natural England. Planning consent will also have to be obtained from Fareham Borough Council for this work. The Marine Consents Environment Unit will also have to grant consent before the pile can be driven.

5.2 The seaward edge of the Boatyard is the boundary between the Boatyard and the SINC. The proposed works along this boundary will stabilise the bank and prevent further encroachment into the SINC.

5.3 There are no Navigational Safety issues involved with this particular application.

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, subject to the comments of the River Hamble Harbour Management Committee, grants Harbour Works Consent for the works to stabilise the bank and improve the flood defence system at Eastlands Boatyard, as detailed on Drawing 8970/5A, dated May 2006, and that all other required consents are obtained before the works may commence.

1155/TC