Item 10

AT A MEETING of the RIVER HAMBLE HARBOUR MANAGEMENT COMMITTEE held at the Botley Centre, High Street, Botley on Friday 12 January 2007.

Also present:

Councillor J.V. Bryant, Chairman of River Hamble Harbour Board.

104. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillor R.H. Price who was busy on other Hampshire County Council Business, Councillor G. Hockley, Councillor W. Pepper, Councillor B. Wright and Councillor T.M. Cartwright. Apologies were also received from J. Greensmith and S. Young.

105. 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 was discussed.

D. Alexander declared a personal interest as a member and trustee of Warsash Sailing Club, in relation to minute 110 below.

106. MINUTES

The minutes of the meeting of the Committee held on 15 November 2006 were confirmed as a correct record and signed by the Chairman.

Arising on Minutes 75 and 87, it was reported that some adjustments would need to be made to the membership of the Working Group investigating harbour dues and supervision charges. Legal advice had recently confirmed that several Members, including the Chairman, Councillor Woodward, had personal prejudicial interests since they had berths or moorings for their boats on the River, and they were therefore disqualified from taking any part in the decision-making process. The Marine Director added that he also had a personal prejudicial interest and therefore could not act as secretary to the working group.

There was a dispensation agreed in 1989 from the Department of the Environment which allowed Members of the former River Hamble Harbour Management Committee with such interests to take part, but that dispensation had been overtaken by changes in the law and structure of local authorities arising from the Local Government Act 2000. If the extent of personal prejudicial interest meant that the current Management Committee and Board were unable lawfully to carry out their functions, there was a possibility of seeking a further dispensation from the County Council's Standards Committee. However, before that could happen, it was incumbent on the Management Committee to establish whether there were any other Members who could carry out the tasks and who did not have any personal prejudicial interests. It was therefore

RESOLVED:

That the Working Group to consider harbour dues and supervision charges be reconstituted to comprise Fareham Borough Councillor Trevor Cartwright as Chairman; together with County Councillors Adrian Evans, Geoff Hockley and Alan Rice, and Fareham Borough Councillor David Swanbrow, together with a representative of River User Groups if one could be found who did not have a personal prejudicial interest; and that the Working Group be asked to continue their deliberations and report on their findings to the May meeting of the Management Committee and the Board.

107. CHAIRMAN'S COMMUNICATIONS

The chairman reported that he had received the Hamble Berth Holders Association Newsletter.

108. DEPUTATIONS

There were no deputations received.

109. HARBOUR MASTER'S REPORT

The Committee considered the report of the Director of Environment (Item 6 in the Minute Book) on activities, incidents and events on the River since the 16 November 2006. The Harbour Master commented that although there had been various incidents, this constituted less problems than the equivalent time last year. He also drew attention to the fact that someone is always available on channel 68 if river users experience problems. It was noted that many problems occurred due to tenders being inadequately secured to withstand the adverse weather conditions at this time of year. A suggestion was made that mooring holders be advised to double up their mooring lines in winter to help alleviate this problem. The Harbour Master agreed to publicise this advice.

With reference to 6.1, the Harbour Master confirmed that the Harbour Masters Jetty at Warsash was now complete. He was pleased to report that the project had been completed on time and under budget, and congratulated all involved.

The Harbour Master also drew attention to the fact that Emma Beagley, Assistant Harbour Master (Environment), was moving on to a position with Marina Projects. He thanked her for her hard work and expressed that he was sorry to lose her. The Chairman added his thanks, and along with other members expressed his appreciation for her contribution and wished her well for the future.

RESOLVED:

That the report be noted.

110. MARINE DIRECTOR'S CURRENT ISSUES

The Committee considered the report of the Director of Environment (Item 7 in the Minute Book) on salient issues, notably a formal objection by Warsash Sailing Club to the changes in harbour dues; and consultation on the Marine Works (Environmental Impact Assessments) Regulations 2007.

Regarding 3.1, the formal objection by Warsash Sailing Club, made to the Department for Transport, the Marine Director informed the committee that he was currently preparing a response. The Department for Transport had requested to see all the information relating to the objection, and therefore the Marine Director had been collating all relevant reports and minutes to provide to them. He explained that as part of the process for dealing with the objection, a time period was allowed for people to write letters in support of the objection to the Department for Transport. Once this time had elapsed, the Harbour Authority would be asked to comment on the objections.

Regarding 3.3, the Marine Director said that as the response to the Department for the Environment, Food and Rural Affairs was required before the date of the next meeting of the committee, the proposed response would be circulated electronically for approval by members.

RESOLVED:

That the report be noted.

111. STRATEGIC PRINCIPLES TO GUIDE DEVELOPMENT ON THE RIVER HAMBLE - GLOSSARY OF TERMS

The Committee considered the report of the Director of Environment (Item 8 in the Minute Book) on the further consideration given to the draft Glossary of Terms which would be attached to the document "strategic principles to guide development on the River Hamble". In response to questions, it was confirmed that no Members of the Glossary Working Group dissented from its conclusions; all had been kept fully involved both in person and by email at all stages. The only query related to concerns by the Environment Agency as to the content relating to their organisation.

There was general support for the proposition that source information for all definitions should be acknowledged. Members of the Working Group indicated that they would like to look again at the impact of the proposed deletions, since they were anxious to ensure that the document was internally consistent. They also noted that item 23 - Harbour Authority limit -needed to be corrected to refer to the Hamble Harbour Revision Order 1982, and to refer to the signed maps dated 1969 and 1982.

The other anomaly related to the section covering the main channel and secondary channels, and it was noted that a sub section on "channels" still needed to be added to the Glossary document. The question of the channels and their definition still remained to be considered by the Board and once agreement had been reached, the Working Group would be able to settle a suitable form of words to be incorporated in the Glossary and the sub section on channels to be appended. In the meantime, the general view was that the Board should be recommended to accept local definitions commonly in use, but with a rider explaining that the definition was different from that contained in national legislation and the International Regulations for Preventing Collisions at Sea 1972 as amended (the `COLREGS'). These were aspects which the Working Group would revisit in due course.

In conclusion, the Chairman of the Working Group, Don Alexander, reported on researches which he had carried out from www.local.live.com and which appeared to show that on the River Hamble there was capacity for moorings for 4,000 boats rather than the current limit of 3,261. He would discuss his findings with the Harbour Master and would subsequently share them with other Members of the Management Committee.

RESOLVED:

That the River Hamble Harbour Management Committee:

1. Confirmed that the final report of the Glossary Working Group had the full support of all those involved in its preparation. The Environment Agency had been involved but had not been consulted on the final document and further requested not to be associated with it.


2. Provides source information for all definitions taken from third party documents.


3. Agrees the revised wording proposed by the River Hamble Harbour Board for the definitions at lines 8, 11, 16, 18, 19, 20, 23, 29 (deleted in toto) 32, 40, 45 (deleted in toto), 46 (deleted in toto) and 54.

4. Advises the River Hamble Harbour Board to adopt the definitions of channels commonly in use, but with a rider explaining that these are different from those contained in national legislation and the COLREGS.

112. TENDER BERTHING - OUTCOME OF CONSULTATIONS

The Committee considered the report of the Director of Environment (Item 9 in the Minute Book) setting out the results of public consultation. The Marine Director explained in detail the logic behind his report. The consultation document had been sent out to 700 stakeholders, including all midstream mooring holders, and 112 replies had been received on time; 10 more had arrived after the deadline, but had not raised any new issues. He elaborated on the extent of support for each of the options and on the wide range of comments received from those who had responded. Respondents in favour of a fee (expressing a preference for option 4 or 6) totalled 39 whilst those in favour of a ballot (expressing a preference for option 5 or 6) numbered 31.

The suggestion was made that in view of demand the River Hamble Harbour Authority should promote the provision of an additional area where tenders could be moored, especially if there was the prospect of a charge. However, most members felt that this was a long term aspiration and consideration of this aspect was premature.

There was general support for the first recommendation, and a preference for recommendation 2 - Combination of (i) and (ii) with the effect that for a trial period there should be a maximum limit on long term tender berths and that management of the berths on each jetty should be undertaken by a local voluntary consortium. Members considered that the Harbour Authority should give users the chance of self-regulation, and there were indications that there might be individuals who would undertake the task on a voluntary basis. It was acknowledged that a robust and fair selection process would be needed, but Members were attracted by the prospect of allowing users to operate and police a system themselves and thereby promote ownership. The Harbour Master asked the Chairman, that whatever system was recommended by the Management Committee the system must be able to be policed easily by patrol officers and stand within its own budget. It was, therefore

RESOLVED:

That the following advice be given to the River Hamble Harbour Board:

1. That approval be given to the following core proposals:


(i) Tenders should be clearly defined as small vessels operating in support of a larger vessel (the mother ship) and should clearly display the name of the mother ship. Tenders may be up to four metres length overall, with a maximum engine size of 10 horsepower. Such tenders are already entitled to a Harbour Dues sticker free of charge, provided that Dues have been paid for the mother ship. Other small craft, less than three metres length overall and with a maximum engine size of 10 horsepower, which are not used specifically as tenders and which, under the current arrangements, are not required to pay Harbour Dues, should also be eligible to use temporary berths on public jetties upon payment of the appropriate fee. To facilitate better management of all such small craft, they should be required to register with the Harbour Office and display a Harbour Dues sticker (provided free of charge).


(ii) At Warsash, tenders should only be berthed on the inshore side of the downstream pontoon, as clearly marked. At Hamble, tenders should only be berthed on the inshore side of the upstream pontoon, as clearly marked. All tenders must be secured to the horse rail only, and must be secured by a painter and/or wire or chain at least as long as the tender itself. The Fishermen's Jetty should not to be used for privately owned tenders.


(iii) All tenders belonging to commercial fishermen and marked as such must use the Fishermen's Jetty at Warsash.


(iv) Tenders up to four metres length overall belonging to bona fide visiting yachtsmen using the visitors' pontoon may berth on the Hamble and Warsash jetties free of additional charge, subject to payment of visitor fees for the mother vessel, for which a Harbour Dues label must be displayed. A clearly marked area for these tenders should be set aside on each jetty. Visitors' tenders should not be allowed to berth overnight (ie during the period from midnight to 0700). Tenders belonging to other River users, provided that they are displaying a valid Harbour Dues sticker, will be allowed access to the marked visitor section, for the purpose of dropping off or picking up passengers or equipment, or short stays, but not for overnight berthing.


(v) Other tenders (and other small craft as set out in (i) above) displaying a valid Harbour Dues sticker should be allowed to berth in the designated long-term tender berthing area on either jetty.


(vi) River users should be actively encouraged to use the River Taxi service whenever possible, so that it remains financially viable and can extend its operating hours at peak times.


(vii) Any tender left on either jetty which fails to comply with the above should be charged at the normal rate, i.e. £6.00 per boat short stay (up to 4 hours) or £2.00 per metre overnight (any time between 1700 and 0900), and may ultimately be removed and disposed of, in accordance with the legal powers of the Harbour Master.


2. That approval be given to the following options for management of tender berthing, to operate on a trial basis for one year:


(i) That a maximum of 8 long term tenders berths should be allocated on the Warsash Jetty and 6 on the Hamble Jetty. These maxima should be reviewed after one year.


(ii) That the management of the designated long-term tender berths on each jetty should be handed over to a local voluntary consortium, to be managed by those with an interest in long-term berthing for their tenders on either jetty, as they see fit, either within the maximum numbers imposed by the Harbour Authority (see 2. (i) above), or without a limit, such that the numbers could self-regulate. The consortium would be free to select a coordinator (either an individual or a committee), to be responsible for allocating berths, running a waiting list (if required), arranging a roster to bail-out flooded boats and ensuring that the rules regarding the display of Harbour Dues stickers, length of painters, etc are adhered to. The Harbour Authority would retain the right to charge unregulated tenders (see 1. (vii) above) and to impound, remove and, if necessary, dispose of any tenders which break the rules. These arrangements should be reviewed after a one year trial period.