ITEM

AT A MEETING of the RIVER HAMBLE HARBOUR BOARD held at the Botley Centre, High Street, Botley on Friday 26 January 2007

PRESENT

Hampshire County Council

p Councillor J.V. Bryant

p Councillor K. Evans

a Councillor K. House

Independent Members

p Mr. T. Lovell

p Mr. C. Moody

p Dr. S. Tomson

Marine Director

p Mr. D. Evans

Also Present

Cllr Dr. R.J. Ellis, Chairman of the River Hamble Harbour Management Committee, Captain M. Capon, Designated Person (Port Marine Safety Code) and Mr. A. Clatworthy (Harbour Master).

117 APOLOGIES FOR ABSENCE

Apologies were received from Councillor K. House.

118 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 is discussed.

Dr. S. Tomson declared a personal interest as a Member of the Royal Southern Yacht Club and as a mooring holder, Mr. C. Moody declared a personal interest as Chairman of the Boatyard and Marina Operators Association, Mr D. Evans declared a personal interest as a mooring holder and Mr T. Lovell declared a personal interest as a Member of the Royal Southern Yacht Club and as a mooring holder.

119 MINUTES

The Minutes of the meeting of the Board held on 24 November, 2006 were confirmed as a correct record and signed by the Chairman.

The Chairman drew attention to matters arising from the following minutes:

Regarding Minute 105, at the previous meeting it was agreed to defer several aspects arising from the River Hamble Budget Report to a later meeting, and it was noted that these would now be considered at the meeting of the Board on the 18 May 2007.

In reference to Minute 108, the Harbour Works Consent application at Eastlands Boatyard, this item was deferred to be considered by a future meeting; however the applicant had now withdrawn the application.

An update to Minute 109 regarding the opening of the Harbour Master's Jetty, the opening ceremony had now been cancelled.

With regard to Minute 110 on the environmental issues on the River Hamble, the Chairman informed the Board he had arranged to meet Mark Hoban, MP about these matters on 13 February.

In reference to Minute 114 on the boat capacity working group, consideration of the current maximum capacity of the River was resolved to be submitted to a future meeting of the Board, however the Chairman felt this issue would be covered in the Strategic Plan. The Marine Director also referred to Minute 111 of the Management Committee minutes on this issue, where Don Alexander reported that a study he had done suggested there was a capacity for 4,000 boats on the River. However the Marine Director had since spoken to Don Alexander and discovered that there was an error in his calculations and the figure was actually closer to the 3,100 mark.

120 CHAIRMAN'S COMMUNICATIONS

The Chairman welcomed Marie Mannveille who had recently joined the Chief Executive's Department at Hampshire County Council and would be taking over clerking of the River Hamble Management Committee and Board meetings.

The Chairman also noted a farewell to Karen Everett, legal adviser to the Board who will be taking maternity leave shortly. On behalf of the Board he wished her well and said they would look forward to seeing her back in due course.

The Chairman also drew attention to the fact that the date scheduled for the meeting of the Board in September had been changed due to a personal commitment of his. The Board would now meet on Wednesday 26 September 2007, not the 28 September as previously advertised.

The Chairman also reported that Emma Beagley, Assistant Harbour Master (Environment) had now moved on to a new job. He noted that she would be a loss, and proposed to send her a letter on behalf of the Board to extend their best wishes and thank her for her invaluable work. Members heartily agreed. The Harbour Master informed the Board that they would be interviewing on the 1 March for a replacement, and hoped to have someone in place by the beginning of April.

121 DEPUTATIONS

No deputations were received for this meeting.

122 HARBOUR MASTER'S REPORT

The Board considered the report of the Director of Environment (Item 6 in the Minute Book) summarising activities and events on the river since the last meeting. The Harbour Master remarked that regarding point 5, establishing alterations to navigation lights, he had received various positive comments about the changes that had been made.

Regarding point 6, the Harbour Master's Jetty, the Harbour Master reported that this project was now complete, and had been completed on time and under budget. He indicated he would report the precise figures relating to the finances of this project to a future meeting.

The Harbour Master provided an annex to his report listing the incidents that had occurred since the report was written (see Annex to the Harbour Master's Report in the Minute Book). He noted that the majority of incidents that occurred required boats to be re-moored as the bad weather had damaged existing mooring lines. He reported that as a result the Harbour Master's office had undertaken a campaign to raise awareness among river users of the increased strain on moorings experienced in high winds and recommending that mooring lines be doubled to provide extra protection. The Harbour Master indicated that this was not a new problem, but an ongoing one, and attempts to combat it would be ongoing.

The Annex also included a report by Captain Mark Capon, Designated Person for the Port Marine Safety Code, who carried out a Port Marine Safety Code Compliance Audit on 19 December 2006. Captain Capon gave a verbal report to the Board of his findings as listed in his report (see Annex to the Harbour Master's Report in the Minute Book). The Harbour Master confirmed that he was taking action on the points raised, as noted in paragraph 2 a-f of the Annex. With regard to point c the Marine Director reported that locating definitive plans of the jurisdiction of the Harbour Authority was in progress. It was noted that the 1969 plans were repealed by the 1982 Harbour Revision Order, and it was the 1982 plans which were sought. The National Records Office cannot locate them. It is recorded that a copy was lodged with the Chief Executive's Department of Hampshire County Council, and work was being done to locate them.

Captain Capon also raised the issue in his report that the Fishermen's Jetty presented a potential risk to navigational safety that needed to be managed. He highlighted a couple of incidents where boats had collided with the jetty and been damaged, and a situation whereby a child was swept near the jetty after his dinghy capsized. Captain Capon acknowledged that the Harbour Authority had already highlighted the relevant safety issues in Notice to River Users 12 of 2006 (attached to his report). However, he suggested the incidents that had occurred suggest there was a safety issue with the Fishermen's Jetty which should be assessed, and the Harbour Authority should look into what more it could do to manage the risks. He also indicated that the Fishermen's Jetty should have had safety features included in the design rather than have required barge boards to be fitted afterwards at the Harbour Authority's expense. The Harbour Master acknowledged that this was a point of contention, and indicated that better results had been achieved on the Harbour Master's Jetty thanks to using a consultant to manage the project.

RESOLVED:

That the report be noted, and that the intention of the Harbour Master to carry out the actions indicated in his annex in response to the Port Marine Safety Code Compliance Audit be endorsed.

123 MARINE DIRECTOR'S CURRENT ISSUES

The Board considered the report of the Director of Environment (Item 7 in the Minute Book) on various current issues including the formal objection by Warsash Sailing Club to the changes in Harbour Dues.

The Marine Director reported that in response to the objection filed by Warsash Sailing Club to the Department for Transport (DfT) he had sent a package of background information to the DfT on Tuesday 23 January 2007, including all minutes, reports and financial documents relating to the harbour dues issue.

Regarding 3.3 the Marine Director indicated that he would be producing a report jointly with Alan Inder of the Environment Department, which would be circulated to members of the Board and Management Committee electronically for comment as the deadline for responding falls before the next meeting of the Board.

RESOLVED:

That the report be noted.

124 HARBOUR WORKS - HAMBLE YACHT SERVICES

The Board considered the report of the Director of Environment (Item 8 in the Minute Book) on the Harbour Works Consent Application by Hamble Yacht Services.

This item was originally on the agenda for the November 24 meeting of the Board, but was deferred to be considered at this meeting to allow more time for further consultation with interested parties. The Chairman confirmed that as a result he had received many letters on the subject, and indicated that he would go through each objection during the course of the discussion.

The Board considered the plans and photo A and photo B annexed to the report. In photo A, which showed how the river would look after the works, it was clear that four mid-stream moorings had been removed. Members queried what would happen to the boats currently moored at that location. The Harbour Master confirmed that he had been in discussion with the Crown Estate about this, and they had agreed to provide equivalent or better moorings further up river for those affected, and they would be charged the same amount as at present.

The Chairman proceeded to go through the correspondence received regarding the application, and the board considered each objection raised.

Letters were received from the following parties:

· River Hamble Mooring Holders Association, 11, 22 November and 22 January

· Solent Protection Society, 13 November

· Hamble Le-Rice Parish Council, 23 November and 22 January

· Commodore, Hamble River Sailing Club, 23 January

· Commodore, Royal Air Force Yacht Club, 21 November

Several parties raised similar objections. The following list covers all the points made:

(i) loss of recreational space

(ii) setting of a precedent

(iii) loss of secondary channel

(iv) loss of existing mid-stream moorings

(v) added car parking pressure

(vi) potential new permanent berths

(vii) narrowing of main channel

(viii) moving dry sail boats in the area

(ix) impact on X One Design boats

The Board discussed these points and came to the following conclusions:

(i) Taking out the four mid-stream moorings increased space.

(ii) Each application was considered on its merits and in isolation.

(iii) The secondary channel created by the mid-stream moorings was not widely used, and in any case it was felt that as this was a busy stretch of river, visibility was important for safe navigation, and therefore it was safer to remove those moorings.

(iv) As noted above the Crown Estate would provide equivalent or better moorings elsewhere.

(v) The Board pointed out that matters of car parking were not within their remit and they therefore cannot take such issues into consideration.

(vi) The Board agreed that it was important that the extra space provided by the new pontoon was not used for permanent berths. The Board agreed to make it a condition of consent that this was the case; that the new space only be used for working berths.

(vii) Although the pontoon stretched out further into the river, the removal of the mid-stream moorings resulted in the main channel being wider.

(viii) Members did not anticipate that the movement of dry sail boats in this area would cause any more problems than currently experienced.

(ix) Members did not feel that X One Design boats would be adversely affected, as the tide was the same strength across the river at this point, and that the shelter provided by the mid-stream moorings was counter balanced by the improved visibility gained by their removal.

As a result of their discussions members

RESOLVED:

That the River Hamble Harbour Board grants 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;

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

(vii) additional new berths created not to be used as permanent moorings.

125 TENDER BERTHING - RESULTS OF CONSULTATIONS

The Board considered the report of the Director of Environment (Item 9 in the Minute Book) setting out the results of public consultation regarding tender berthing at the Hamble and Warsash public jetties.

The Marine Director verbally summarised his report, explaining that 112 replies were received within the deadline. He indicated that responses were invited by letter rather than electronically to avoid duplicate responses skewing the outcome.

The Marine Director also reported that it had been brought to his attention that when the Hamble Jetty was built, it was approved with the proviso that `no additional permanent berths be created'. However members agreed that tenders did not count as berths in themselves, so using the jetty for berthing tenders did not contravene this condition.

The Chairman referred to two letters he had received on the subject, from Hamble Le-Rice Parish Council (22 January) and the River Hamble Mooring Holders Association (22 January). The latter included a complaint that the consultation document was not distributed to all concerned. In response the Marine Director reported that the consultation document had been sent to all midstream mooring holders, and to all relevant stakeholder groups, commercial operators and yacht clubs.

The Board was mindful of Minute 112 from the meeting of the Management Committee of 12 January 2007 describing the Management Committee's discussions on this topic and their recommendations. The Board noted that the Management Committee supported option 2. (ii) whereby the management of the berths on the jetty would be passed to a local voluntary consortium. This idea was discussed, with some members in favour of this proposal. However, other members expressed reservations. The concern was raised that the consortium chosen might operate the berths purely in their own interest to the exclusion of anyone else. It was also felt that it made the managing of the berths unnecessarily complicated, compared to the Harbour Master's office dealing with it, as they had someone permanently on site.

Members suggested that an annual ballot would be a fairer selection process, and that once the tenders allowed on the jetty had been decided it would be simplest for the Harbour Master's office to look after those tenders. It was also felt to be important that to preserve the fairness of the ballot, spaces obtained in the ballot should be non-transferable.

It was also considered that another outcome of the consultation was support for the idea that it would be beneficial if the Harbour Authority could increase its provision of public berthing for tenders. It was agreed that this was a subject worthy of investigation, to be reported on at a future meeting.

After weighing up the options, members

RESOLVED:

1. That, the River Hamble Harbour Board approves 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 (subject to the options set out in Recommendation 2 below).

(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, ie £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, the Board also endorses the approach outlined in the following clauses:

(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 by Harbour Office staff, with an annual ballot (to be held in public at the Annual Forum) to determine the allocation of spaces, up to the maxima in 2.(i) above. All tenders with allocated spaces should be required to display a valid Harbour Dues sticker. Owners should be responsible for the provision of adequate fendering, for bailing out their tenders and for full liability in the event of their tender being damaged, vandalised or stolen. 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 trial period of one year. Any allocation obtained in the ballot to be non-transferable.

126 MINUTES OF THE MANAGEMENT COMMITTEE MEETING HELD ON 12 JANUARY 2007

The Board considered the minutes of the Management Committee meeting held on 12 January 2007 and noted the recommendations made which applied to items on the agenda.