Contact: Tony Clatworthy, tel 01489 576387

email: [email protected]

1. Summary

1.1 This report details the application for Harbour Works Consent to extend the Hamble Yacht Services jetty and other associated Harbour Works. The proposed extension of the jetty requires 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 Hamble Yacht Services has requested Harbour Authority Works Consent to extend the jetty. Details of the proposed works are on Drawing 2328-P-100 dated January 2004 and Drawing SOL-1724-SC02-003 dated 30 September 2004, attached, and can be viewed at the Harbour Office.

3.2 On 21 January 2005 other works associated with the proposed development received Harbour Authority Works Consent. These previously consented works included:

(i) removal of pile moorings G20 to G25;

(ii) removal of the five fore and aft moorings HC19 to HC19D; and

(iii) installation of a continuous 133 metre pontoon.

A full history of the previously consented works and reports is provided in Appendix 2.

3.3 Photographs A and B, attached, give a visual indication of area with current and proposed development.

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 for Hamble Yacht Services.

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 No comments have been received from any statutory bodies or Government Agencies regarding this project.

5.2 The Harbour Master produced a Risk Assessment, attached as Appendix 1, which examines the risks associated with the proposed development at Hamble Yacht Services and sets out recommendations for conditions should the proposed development be given consent to proceed. Various organisations, yacht clubs berth holders' associations and individuals were consulted prior to the original Risk Assessment, dated 24 July 2004, being written. The updated version of the Risk Assessment dated 2 June 2006 took into consideration all previous consultations.

5.3 The removal of the five mooring piles (G20 to G24) is a benefit to safety as it will widen that part of the main channel, affording better and direct access to the XOD pontoon (45 metres access gap). Currently the channel is 60 metres wide at that location. Should the proposed development proceed the channel will be 75 metres wide less 6 metres and 4 metres to account for berthed boats, making a main channel of 65 metres.

5.4 The removal of the five fore and aft moorings, HC 19 to HC19D, is a benefit to navigational safety. Currently the moorings encroach into the main channel by 5 to 6 metres at low water in a westerly wind.

5.5 Tenders transiting downstream will have to route around the moored boats on the proposed jetty (see Serial 5 of the risk assessment) and this is assessed as no greater risk than at many other locations in the River.

5.6 Tenders transiting upstream should be on the eastern (starboard) side of the River.

5.7 Consultations have taken place between Hamble Yacht Services and the River Hamble Mooring Holders' Association, the `X' one-design fleet and Hamble River Sailing Club. Hamble Yacht Services has also given a presentation on the proposed development to Hamble Parish Council. The plans of the project, along with other documents, have also been available for public viewing in the Harbour Office since 8 November 2006.

5.8 Having carefully considered the risk assessment, the Harbour Master believes that the proposed development at Hamble Yacht Services will not adversely affect navigational safety.

5.9 Attached at Appendix 3 are copies of all communications and comments received regarding the proposed development.

6. Impact Assessments

6.1 This report has no direct impact on the availability of the services and facilities of the Harbour Authority therefore no impact assessment has been completed.

Recommendation

That the River Hamble Harbour Board, after considering the comments of the River Hamble Harbour Management Committee with regard to precedent, and the comments of other stakeholders, grant Conditional Consent for the Harbour Works, allowing Hamble Yacht Services to proceed with the proposed Harbour Works referred to in Drawing 2328-P-100 dated January 2004, with the following conditions:

(i) Hamble Yacht Services to establish a red solar-powered flashing navigation light on pile G25 and also paint the pile with high visibility red paint;

(ii) Hamble Yacht Services to establish and be responsible for continual maintenance of two vertical fixed red lights at the upstream and downstream outer pontoon;

(iii) Hamble Yacht Services to design the ends of the pontoons and pile guides to be rounded and fitted with fendering;

(iv) single berthing only to be permitted on the proposed outer hammerhead;

(v) Hamble Yacht Services to ensure that any vessel taking up a dry-sailed berth displays a Harbour Dues sticker; and

(vi) copies of all required Consents to be supplied to the Harbour Authority prior to commencement of the work.

1111/TC

RIVER HAMBLE HARBOUR AUTHORITY

PORT MARINE SAFETY CODE

RISK ASSESSMENT REPORT

NAVIGATIONAL SAFETY

NAVIGATION CHANNEL ADJACENT

HAMBLE YACHT SERVICES

AND

ALTERATIONS TO G PILES

Written as an integral part of a report to the River Hamble Harbour Management Committee and the Harbour Board covering an application by Hamble Yacht Services in applying for

Harbour Works Consent.

6 October 2006

1. INTRODUCTION

The Government looks to all Harbour Authorities to implement the requirements of the Port Marine Safety Code (The Code). The Code is intended to apply to all Harbour Authorities to the extent that they have duties and powers relating to marine safety.

It is particularly directed at Harbour Authorities and to Directors, Commissioners or Trustees who are members of the boards of such Harbour Authorities. The Code is not optional, it applies to ports of all sizes, irrespective of resources or levels of traffic.

The Code represents the national standard against which policies, procedures and performance of Harbour Authorities may be measured. It is obligatory for the purpose of meeting the standard in the Code that measures are taken to reduce all risks associated with port marine operations to As Low As Reasonably Practical (ALARP).

2. SCOPE

The Code does not apply to duties and powers other than those related to marine operations. Marine operations are those that facilitate the safe use of a harbour by vessels. They include the direction of shipping and the regulation of safety of navigation in a harbour and the maintenance of aids to navigation within the jurisdiction of a harbour.

3. BACKGROUND

The River Hamble Harbour Authority has been requested by Hamble Yacht Services to grant Harbour Works Consent on such works as shown on drawing 2328-P-100 dated Jan 04. Examination of these drawings show that working berths will be extended 19 metres into the main channel and moorings on G piles will be relocated to a pontoon further upstream. As a consequence the Harbour Authority has deemed it necessary to complete a formal risk assessment.

4. RISK ASSESSMENT

The Code requires that each Harbour Authority assess risks associated with marine operations and manages those risks to reduce them to ALARP. Risk assessment is an ongoing process and to this end the risk assessment has been carried out by the Harbour Master to consider the risks associated with the proposed development at Hamble Yacht Services.

5. DEFINITIONS

For the purpose of this report the following definitions will apply:

(i) A hazard is anything that can cause harm to a person, property or the environment; and

(ii) A risk is the chance, high or low, that a person, property or the environment will be harmed by the hazard.

6. METHODOLOGY

To assess risks in the River Hamble four steps are followed:

(i) hazards are identified;

(ii) the consequence of the hazard materialised are assessed;

(iii) the risk and existing precautions are evaluated; and

(iv) the findings are recorded.

It is also recognised that provision must be made to review and revise this assessment as necessary.

The aim of the risk assessment is to ensure that all of the significant hazards (potential accidents) associated with marine operations are identified and quantified in terms of risk to people, property and/or the environment.

This information provides an essential input to the continual development of the River Hamble Harbour Authority Safety Management System, and will be used by the Harbour Authority as a rational basis on which to decide priorities and to set objectives for eliminating hazards and/or reducing risks to ALARP.

The risk assessment identifies each hazard and then categorises it as either a collision, contact, grounding or swamping hazard:

Collision: Collision between two or more vessels which are underway, regardless of whether the vessel(s) are not under command or disabled in any way but excluding wrecks.

Contact: A vessel striking, or being struck by, an external object or a vessel that is not underway (eg anchored or moored) excluding the sea bed.

Grounding: A vessel coming to rest on, or riding across, underwater features or objects.

Swamping: The excessive ingress of water over the gunwale of a vessel such that it becomes waterlogged and may sink.

An estimated degree of risk is assigned to each identified hazard to provide a relative rating between risks. The following scoring system has been applied:

LIKELIHOOD OF OCCURRENCE

CONSEQUENCE

Each hazard has been assigned a score of 1 to 5 for the "likelihood of occurrence" and a score of 1 to 5 for "consequence". The "risk rating" has then been obtained by multiplying the two scores together, giving a maximum rating of 25. The higher the rating the more serious the potential consequences. Rating risks help to give an indication of their significance.

As a guide it is considered that any "risk rating" of 12 and above, is not ALARP and therefore additional precautions should be implemented to ensure compliance with the Code.

RISK ASSESSMENT FOR THE PROPOSED DEVELOPMENT OF HAMBLE YACHT SERVICES

Note

1. Figures without brackets indicate proposed situation.

2. Figures inside brackets indicate current situation.

7. RESULT OF RISK ASSESSMENT AND RISK MANAGEMENT

Of the 11 identified hazards 1 obtained risk ratings that would indicate that it would not at present be ALARP.

The following table lists precautions that would be introduced to manage the identified risks and therefore reducing the Highest Risk Rating to ALARP.

Note:

1. Figures without brackets indicate current situation.

2. Figures inside brackets indicate proposed situation if works are permitted.

3. Figures asterisked in brackets indicate situation following the introduction of precautions.

Precautions:

Control of the movement of all commercial craft. Commercial vessel deemed a danger will not be allowed entrance during periods of heavy volumes of traffic.

If necessary an escort will be given by the harbour patrol vessel.

Full consideration will be given to the precautions identified above, reducing the Highest Risk Rating to 9.

8. CONCLUSION AND HARBOUR MASTER'S RECOMMENDATIONS

Whilst the risk assessment indicates that the proposed development may result in the creation of some risks that are not considered ALARP (Serial 8), by introducing the precautions identified in Sections 7 and 9, the risks can be managed and reduced to ALARP, as required by the Port Marine Safety Code.

It should be noted that the risks identified in Serial 8 occur throughout the River Hamble and the control of large commercial craft is now fully established.

Dinghy sailing has not been included within this risk assessment as the proposed development will have no effect on dinghy sailing for a number of reasons, the main reasons being:

(i) dinghies sailing throughout the River do so freely utilising all areas and their sailing route depends on the tide and the wind direction;

(ii) dinghies will tack across the main channel avoiding other traffic or take any route available through the moorings;

(iii) dinghies will utilise gaps in moorings as and when they occur; and

(iv) every trip in a dinghy will involve a varying route which will depend on the wind and tide.

It should be noted that the removal of fore and aft moorings upstream will help to improve safety in that part of the River.

Having carefully considered this risk assessment, the Harbour Master believes that the proposed development at Hamble Yacht Services will not adversely affect navigational safety, provided that the precautions identified in Sections 7 and 9 are initiated.

9. RECOMMENDATION FOR CONDITIONS

Should the proposed development proceed the Harbour Master makes the following recommendations for conditions:

(i) the Harbour Authority to establish a red solar powered flashing navigation light on pile G25 and also paint the pile with high visibility red paint;

(ii) Hamble Yacht Services to establish and be responsible for continual maintenance of two vertical fixed red lights at the upstream and downstream outer pontoon;

(iii) Hamble Yacht Services to design the ends of the pontoons, and pile guides to be rounded and fitted with fendering;

(iv) negotiations between the Crown Estate and the XOD fleet should be encouraged by the Harbour Authority to investigate a more suitable mooring location nearer the entrance to the River. Ideally any new location should afford the same shelter and give easy and direct access to the River entrance; and

(v) single berthing only to be permitted on the outer hammerhead.

10. ONGOING RISK ASSESSMENTS

The assessments of risks is an ongoing process. Should the proposed development proceed this risk assessment will be regularly reviewed and updated and/or amended as appropriate. New risks that emerge as conditions or the use of the harbour changing will be given immediate attention.

Risk assessment and the management of risks is a continual process.

AG Clatworthy

Harbour Master

6 October 2006

APPENDIX 2

Relevant Reports and Documents Referred to in Previous Applications

1. Report to River Hamble Executive Member's Group, 26 July 2004 on Hamble Yacht Services Extension to Working Berths.

2. Report to Executive Member for Environment, 14 September 2004.

3. Risk Assessment, 26 July 2004.

4. Report to Executive Member for Environment, 9 November 2004.

5. Report to Executive Member for Environment, 7 December 2004.

6. Report to Executive Member for Environment, 21 January 2005.

7. Risk Assessment - Consented Alterations to the navigational channel adjacent to Hamble Yacht Services and alterations to G Piles, 2 June 2006.

8. Planning Inspectorate - Inspector's Decision regarding Appeal by Hamble Yacht Services, 29 August 2006.

9. Report to the River Hamble Harbour Management Committee, 15 November 2006.

10. Report to the River Hamble Harbour Board, 24 November 2006.