ITEM

AT A MEETING of the RIVER HAMBLE HARBOUR BOARD held at Bursledon Village Hall, Bursledon on Friday 23 March 2007

PRESENT

Hampshire County Council

p Councillor J.V. Bryant

p Councillor K. Evans

p 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

Captain M. Capon, Designated Person (Port Marine Safety Code) and Alan Inder, Coastal Manager, Environment Department.

127 APOLOGIES FOR ABSENCE

Apologies were received from the Harbour Master, Tony Clatworthy.

128 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 boat owner, and Mr T. Lovell declared a personal interest as a Member of the Royal Southern Yacht Club and as a mooring holder.

129 MINUTES

The Minutes of the meeting of the Board held on 26 January, 2007 were confirmed as a correct record and signed by the Chairman.

Regarding minute 124 on the Harbour Works - Hamble Yacht Services, it was agreed that it be noted that a further aspect was discussed. Under (iv) loss of existing mid-stream moorings, members discussed the fact that the proposal would result in a permanent loss of a number of this type of mooring, in particular of moorings in this low price bracket. Although The Crown Estate had agreed to offer the current mooring holders a mooring elsewhere at the same price, there was no guarantee this would remain the case if the moorings change hands in future.

130 CHAIRMAN'S COMMUNICATIONS

The Chairman welcomed Charles Herbert, who had replaced Karen Everett as legal advisor to the River Hamble Harbour Board. The Chairman also welcomed Alan Inder from the Environment Department, who was in attendance to introduce the report on The Marine Works (Environmental Impact Assessments) Regulations 2007 (Item 8 in the minute book).

The Chairman then went on to update the Board on the Hamble Harbour Authority Governance Review. He confirmed that following a tendering exercise, Royal Haskoning UK Limited, Environment had been appointed to carry out the review. Part of the review would involve interviews with Members of the Board and Management Committee, staff and stakeholders. He confirmed a copy of the final report would be taken to a future Board meeting. A copy of the statement read by the Chairman is attached to these Minutes (appendix 1).

The Chairman then said he was delighted to announce that the River Hamble Harbour Authority had recently been awarded `Leading Lights' status. He quoted from the press release issued by the County Council, a copy of which is attached to these Minutes (appendix 2). The Chairman suggested David Evans be congratulated for the work he had put in to achieve this award and the Board approved.

David Evans reported to the Board that he had informed Merrick Denton-Thompson, primary author of the new governance arrangements, that the Harbour Authority had received this award.

The Chairman then informed the Board that he had received notice that a draft for consultation had been produced of the Countryside Access Plan for the Solent area. He noted that issue 6 within this document was relevant to the Harbour Authority as it discussed the increasing demand for access to Solent rivers (as a result of the Countryside and Rights of Way Act 2000). He indicated that he would pass the information regarding this to David Evans and Dr Susie Tomson to look into further.

David Evans informed members that the Marine Bill White Paper had been published; it was a lengthy document and he was in the process of reading it and writing a summary. He indicated that he would pass his summary to members for their information. He reported that within the Bill the River Hamble was mentioned twice, once as an example of best practice, and secondly in reference to dealing with planning applications. He informed the Board that Alan Inder would be drafting a response to the White Paper on behalf of the County Council, and that he (David Evans) would be drafting a response on behalf of the Harbour Board. He indicated that he would be circulating his proposed response to members of the Management Committee electronically as the deadline for responding was before the next Management Committee meeting. (His draft would not be ready in time for the 16 April meeting of the Management Committee).

The Chairman informed the Board that he had received a letter from Premier Marinas regarding Swanwick Marina, and the other Board members confirmed that they too had received letters.

The Chairman then read out a letter he had received from Mr P. Nicholson regarding the possibility of the River Hamble becoming a trust port. In the letter Mr Nicholson thanked the Chairman for meeting with him, and expressed that he was keen to work with the Board rather than against it. He noted that Hampshire County Council was currently undertaking a review of how the Harbour was managed and that this would inform the process. He also indicated that his group was undertaking research regarding how other municipal and trust ports are run.

Finally the Chairman noted that this was the last meeting Linda Tartaglia-Kershaw would be attending (as a result of the movement of the River Hamble from the Environment Department to the Recreation and Heritage Department). He led the Board in thanking her for her hard work.

131 DEPUTATIONS

No Deputations were received for this meeting.

132 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. David Evans introduced the report in the absence of the Harbour Master. He handed round an annex to the report, listing the incidents that had occurred between the writing of the report and the date of the meeting (see annex to the Harbour Master's Report in the Minute Book).

Regarding paragraph 5.7, Captain Mark Capon expressed concern that further to the safety issues he highlighted in his report regarding the Fisherman's Jetty, there had now been an incident where a bolt on that jetty had sheared. He suggested that if remedial action were required, payment for such action should not come from the Board's budget, as in his opinion the problem may have arisen due to the jetty being inadequately made in the first place.

David Evans confirmed that the bolt that had sheared had been replaced by the contractor free of charge, and that the missing two bolts had been installed. He indicated that the bolt which failed had been sent away for inspection. He also noted that gale force winds had been experienced recently and the jetty had survived, so he was satisfied that the rest of the structure was sound.

Members expressed concern that the bolt had sheared and questioned whether it was made of the correct material. It was noted that there would be technical specifications for the materials to be used within the contract.

David Evans made the point that a consultant had been used to manage the construction of the Harbour Master's Jetty, and there had been no problems in that case. He suggested that the lesson to be learned from the two jetties was that with projects on this scale using a consultant was advisable.

David Evans then referred to the incident in the annex to the Harbour Master's report from 7 March when a yacht was reported missing. He reported that the gentleman concerned was grateful for the help provided to him by the Harbour Masters Office, although the boat was as yet not located.

Concern was expressed that boats were at risk. However, it was noted that in this case the owner had not visited his vessel for three months. It was stated that boat owners need to take responsibility for their own property. It was also noted that the alternative was to ask all boat owners to alert the Harbour Masters Office when their boat would not be in its mooring, such that a non-notified absence would be noticed. It was agreed such a system would be unworkable.

David Evans also drew members attention to the incident on 21 March when the patrol assisted with a man-overboard situation. It was noted that the casualty was checked up on the following day to ensure he had suffered no ill effects. The lesson to be learned from the situation was that lifejackets should be worn at all times when on the River, and that persons driving boats should be sufficiently qualified to perform a suitable manoeuvre to pick up the person should a man-overboard situation arise.

The Marine Director highlighted the fact that an updated risk assessment had been undertaken for the Fisherman's Jetty and was attached to the Harbour Master's Report as an Appendix. He noted that the heading on page four should read `Risk Assessment for the Fisherman's Jetty' rather than `Risk assessment for the proposed development of Stone Pier Yard'. David Evans explained that attached to the risk assessment were updated responses to comments received regarding the Fisherman's Jetty (see Annex B) and the original report regarding the jetty (Annex C).

Captain Mark Capon informed the Board that he was satisfied that the `Notice to River Users 12 of 2006' adequately covered the safety aspects concerned, and re-iterated that safety on the River Hamble was a joint effort.

With regard to the objection made to the Department for Transport by Warsash Sailing Club, David Evans updated the Board that he had been notified that the DfT had received 6 letters in support of the WSC position. The case was ongoing.

RESOLVED:

That the report be noted

133 2007/08 BUSINESS PLAN

The Board considered the report of the Director of Environment (Item 7 in the Minute Book). David Evans asked if any members had any comments on the draft Business Plan. Dr Susie Tomson indicated that in paragraph 5.12 the reference to `jet-skis' should be changed to `personal water craft'. David Evans acknowledged this point and agreed to change it.

He also informed the Board that the draft business plan had been circulated to the Members of the Management Committee for comment. He had received one comment, from Councillor Woodward, suggesting that the word `stakeholders' be replaced with `interested parties and river users'. This change had been incorporated into the draft presented to the Board.

David Evans explained that the Action Plan was added to the end to make it easier to assess progress on key tasks, and to indicate the tasks that were not `day to day'.

Councillor House commended the fact that the Business Plan was succinct.

RESOLVED:

That the River Hamble Harbour Authority Business Plan for 2007-2008 be approved by the River Hamble Harbour Board.

134 THE MARINE WORKS (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 2007

The Board considered the report of the Director of Environment (Item 8 in the Minute Book) regarding the consultation on proposals contained in the Marine Works Regulations 2007.

Alan Inder from the Environment Department introduced the report. He explained that the Department for the Environment, Food and Rural Affairs were consulting on their proposals regarding assessing the environmental impact of marine works, in order to ensure compliance with the relevant European Union Directive. He indicated that this would extend environmental impact assessments to cover activities not covered by the current legislation.

He reported that the proposals would have little impact on the River Hamble Harbour Authority, as they already undertake them for most projects. He suggested that the Board should welcome the proposals in the main as they strengthen the existing regulations. However, he indicated that in his response he would be recommending that they ensure the regulations are not too onerous for both applicants and regulators.

It was also noted that these regulations need to be compatible with the Marine Bill, which was being drawn up separately.

Members expressed concern that small businesses might be put off if the costs of undertaking an environmental impact assessment were too great, and that it was important that other countries within the European Union followed the Directive too to ensure consistency.

It was noted that paragraph 6.1 mentions that applicants under the new rules will be required to pay `reasonable fees'. Members expressed concern at the ambiguity of this phrase and discussed the fact that consultants' fees (for carrying out the assessments) could be large. Board members felt it was important that the total cost to the developer should be proportionate to the size of the development. Alan Inder agreed to include this point in his response.

RESOLVED:

That the comments set out in Section 7 of the report, and in the Appendix, be submitted to the Department for the Environment, Food and Rural Affairs as the River Hamble Harbour Authority's response to the consultation on the Marine Works (Environmental Impact Assessment) Regulations 2007.

135 UPDATED: DATES FOR MEETINGS IN 2007

The Board considered the report of the Chief Executive (Item 9 in the Minute Book). The clerk drew members' attention to the fact that the September date for the meeting of the Board had changed. The clerk also pointed out that the venue for the Annual River Hamble Stakeholders Forum was Hamble Primary School. David Evans confirmed that the details of the Forum had been advertised on the Harbour Masters website for many weeks, and letters had been sent to clubs and interested parties to inform them about it.

RESOLVED:

That the report be noted.

Appendix 1

River Hamble Harbour Board Meeting 23 March 2007

Chairman's Communications Item

Hamble Harbour Authority Governance Review update

Prepared by Linda Tartaglia-Kershaw 7 March 2007

At its meeting in October last year I briefed the Board on the County Council's decision to undertake a review of the Governance of the Hamble Harbour Authority.

When the County Council made its decision to revise the Governance regime in May 2005 it made a commitment to review the new governance structure after two years.

Preparations have been put in place to ensure that an independent review is undertaken, ready for recommendations on the outcome of the review to be made to the County Council in May 2007.The review will also consider the recent Department of Transport Municipal Ports Review, which makes a number of significant recommendations for the governance of Municipal Ports. The aim will be to ensure that the Hamble governance structure is compliant with these recommendations and fit for purpose.

Progress to date:

1. An advertisement was placed in the national press ¹ in February 2007 inviting expressions of interest in tendering for the commission.

2. 10 enquiries were made ; with 6 completed submissions of interest.

3. A cross departmental panel considered the submissions against the advertised criteria and 4 companies were invited to tender. 3 tenders were returned and one declined.

4. The tenders were considered by the panel against the total cost submitted ; relevant company and team experience and qualifications ; understanding and approach to the brief; methodology proposed ; ability to meet the programmed timescale; and confirmation that they held the required Professional Indemnity insurance.

5. Royal Haskoning UK Ltd, Environment were appointed the week beginning 5 March.

6. Part of their brief is to interview the Harbour Board and Management Committee Members; Hamble stakeholders; and the Hamble staff. If you have not already been contacted , you will shortly be contacted to ask if you would be prepared to give up some time to talk to the consultants. This will be by face to face; letter or telephone interview. You will be contacted by the consultants the week commencing 26 March.

7. The final report will be completed 30 April 2007 and the recommendations taken forward for decision by the County Council.


Appendix 2

LEADING LIGHTS AWARD FOR RIVER HAMBLE

22/03/2007

The River Hamble has proved itself to be a trailblazer when it comes to high quality management of municipal ports after it was awarded Leading Lights status in a new scheme administered jointly by the Department of Transport (DfT) and the British Ports Association.

Marine Director David Evans received the award from Transport Minister Dr Stephen Ladyman at the Drapers Hall in the City of London.

The accolade is a direct result of the DfT's Municipal Ports Review which set out a range of measures to improve the management of 72 local authority-owned ports in England and Wales.

The Hamble was joined by Whitstable and Workington, which also received Leading Lights certificates. Dr Ladyman congratulated all three, saying that they had clearly made the most progress in implementing the recommendations of the review.

Chairman of the River Hamble Harbour Board, Cllr John Bryant, said: "This is a just reward for the hard work put in by Hampshire County Council and the Hamble team over recent years. They've helped make the river a first choice destination for countless boating enthusiasts on the south coast.

"I'm very pleased that their efforts have been recognised. To be one of only three ports in the country to win this award is wonderful news."

The Leading Lights award scheme recognises local authorities and municipal ports that have achieved the outcomes recommended in the Municipal Ports Review, and are achieving best value from the use of the port as a local asset.

The award was presented on 20 March.

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