Contact: Tony Clatworthy, tel 01489 576387

email: [email protected]

1. Summary

1.1 This report details the application for Harbour Works Consent to extend two pontoons within the existing site boundary of Stone Pier Yard. The proposed extensions require Harbour Works Consent.

2. Recommendation

That the River Hamble Management Committee advises the River Hamble Harbour Board to grant Conditional Harbour Works Consent allowing Stone Pier Yard to proceed with the proposed Harbour Works referred in drawing DRG No.8885/1A3 dated January 2007, with the following conditions:

(i) Stone Pier Yard to establish and be responsible for continual maintenance of two vertical fixed green lights at the upstream end of the outer pontoon;

(ii) to avoid salmon migration times the works to be undertaken between 15 September 2007 and 31 March 2008. During that period the piling works must cease if notification is received from the Environment Agency notifying fish movement;

(iii) berthing on the outer face of the marina to be restricted to two boats at any one time;

(iv) Stone Pier Yard to ensure that any vessel taking up a dry-sailed berth displays a Harbour Dues sticker; and

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

3. Proposals

3.1 Stone Pier Yard has requested Harbour Works Consent to extend the pontooning at two locations. Details of the proposed works are on Drawing No. 8885/1A3 dated January 2007, attached, and can be viewed at the Harbour Office.

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 Stone Pier Yard.

5. Harbour Master's Comments

5.1 Conservation (Natural Habitats &c) Regulations: The Marina and proposed works lie adjacent to areas designated as RAMSAR Site and Site of Special Scientific Interest.

5.2 Harbour Works (Environmental Impact Assessment) Regulations 1999: It is understood that the proposed project does not constitute a `Relevant Project'.

5.3 The proposed works have been assessed by the Harbour Master as having no effects on navigation, protection of marine environment or interference with other legitimate uses of the sea and the minimisation of noise or nuisance.

5.4 The Crown Estate will be approached by the Harbour Master to facilitate that any fore and aft moorings displaced by the proposed project will be re-established at no extra cost to the mooring holder and that the licence cost will not suffer any increase.

6. Consultation

6.1 On receipt of the application on 7 February 2007 a consultation exercise was commenced which entailed the following actions:

(i) entering the details of the application on the Harbour Authority website; and

(ii) written notification to all Members of the River Hamble Harbour Management Committee and River Hamble Harbour Board of the proposed development.

6.2 On 7 February 2007 an email was sent to all registered stakeholders informing them of the application and requesting comments regarding risk assessment and hazards associated with the proposed development. The plans and details of the application were made available in the Harbour Office for inspection by members of the public. At that time stakeholders were also made aware of the planned timetable for the process:

(i) Consultation completed 23 March 2007;

(ii) Risk Assessment completed 6 April 2007;

(iii) report to River Hamble Harbour Management Committee on 16 April 2007; and

(iv) report to River Hamble Harbour Board on 18 May 2007.

6.3 Following the completion of the consultation exercise two communications were received with the following comments:

(i) Received from a member of the public:

"given that the works are within the existing `yard area', I can see no reason to object/amend the application".

(ii) Received from the River Hamble Mooring Holders' Association:

"We fully support the application but any existing fore and aft moorings displaced by the project should be relocated with any costs born by the applicant and that these cheaper type moorings are not lost because of the project. Mooring on the outer pontoon should be restricted to maximise the use of the main fairway".

7. Impact Assessments

7.1 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.

1331/TC