Contact: Tony Clatworthy, tel 01489 576387 email: [email protected]

1. Summary

1.1 This report details an application for Harbour Works Consent to modernise Swanwick Marina and Boatyard. Premier Marinas (Hamble Limited) have applied for Harbour Works Consent for the following projects at Swanwick Marina:

(i) Modernisation of marina layout and renewal of pontoons and equipment combining up-to-date Health and Safety features.

(ii) Removal of 163 existing piles and installing 154 new piles.

(iii) Relocation of hoist dock, fuelling pontoon with spill interceptor and holding tank pump out facility.

(iv) Creation of a dedicated area for scrubbing activities, including the installation of an underground interceptor for the collection of wash-off and detritus for disposal off-site, and a water recycling system for the collection of residual water and its disposal into the foul sewage system.

(v) Replacement of River Wall.

2. Recommendation

2.1 That the River Hamble Harbour Board grants Conditional Harbour Works Consent allowing Premier Marinas (Hamble Limited) to proceed with the proposed Harbour Works referred to in the following drawings (which are attached to this report as Annex 1):

(i) Broadway Malyan Swanwick Marina Coloured Masterplan.

(ii) Broadway Malyan Drawing 2449502_001 Swanwick Marina Site Boundary Masterplan.

(iii) Broadway Malyan Drawing 24495_02000 Swanwick Marina Site Boundary Existing Site.

(iv) Walcon Drawing M1661-302 Swanwick Marina Pile Layout.

(v) A2 Walcon Drawings Pontoon and Pile Locations.

(vi) Walcon Drawing M1661_303 Swanwick Marina Pontoon Layout.

(vii) Hamill Davis Drawing 07-813-100-P1 Swanwick Marina Existing River Condition Survey.

(viii) Hamill Davies Drawing 07-813-110-P1 Swanwick Marina Existing River Wall Layout.

(ix) Hamill Davis Drawing 07-813-111-P1 Swanwick Marina Proposed River Wall Layout.

(x) Hamill Davis Drawing 07-813-120-P1 Swanwick Marina River Wall Construction Details.

(xi) Hamill Davis Drawing 07-813-115-P1 Swanwick Marina Cross section Sheet 4.

(xii) Hamill Davis Drawing 07-813-114-P1 Swanwick Marina Cross Section Sheet 3.

(xiii) Hamill Davis Drawing 07-813-113-P1 Swanwick Marina Cross Sections Sheet 2.

(xiv) Hamill Davis Drawing 07-813-112-P1 Swanwick Marina Cross sections Sheet 1.

With the following conditions:

(i) That an Appropriate Assessment `ascertains no adverse effect on the integrity' of the European sites;

(ii) All other required consents must be in place with copies of such consents supplied to the Harbour Authority prior to commencement of the works;

(iii) To avoid salmon migration times, the piling works to be undertaken between 16 September 2007 and 31 March 2008. During that period the piling works must cease if notification of fish movements is received from the Environment Agency. The Environment Agency must be notified when work on the site commences;

(iv) Premier Marinas (Hamble Limited) to establish and be responsible for all maintenance of navigation lights as shown on the Walcon drawing M1661-303;

(v) Berthing on the outer face of the marina to be restricted to two boats at any one time and vessels larger than 12 metres LOA not to be moored on the upstream pontoon outer face hammerhead, thus ensuring that the main channel is not restricted;

(vi) Premier Marinas (Hamble Limited) are to supply to the Harbour Office details of their fuel storage licence, risk assessment, pollution prevention and response plan, fire action plan and training for the fuel jetty staff.

(vii) Premier Marinas (Hamble Limited) are to ensure that all vessels in the marina display a valid Harbour Dues sticker and that all vessels launched, either for dry-sailing, brokerage or transit, display an appropriate sticker;

3. Introduction

3.1 Swanwick Marina, formerly known as Moody's Boatyard, has a long history of boatbuilding dating back to the early 19^th century. The boatyard spans six generations of the Moody family and saw the development of boatbuilding from the repair of fishing vessels to the production of modern classic yachts. The late sixties saw the construction of Swanwick Marina on the Moody's site and the growth of boatbuilding for leisure purposes, as wooden construction gave way to fibreglass.

3.2 Moody's Boatyard was acquired by Premier Marinas Limited at the end of 2005. Premier Marinas consider that the current marina layout is inefficient, with many substandard buildings. Premier Marinas are therefore proposing comprehensive changes to the site, both ashore and on the water, so that the services provided will match the business and customer demands of a modern marina and boatyard facility.

4. Proposals

4.1 Premier Marinas (Hamble Limited) has requested Harbour Works Consent to modernise Swanwick Marina. Details of the proposed works are on drawings 2. (i) to (xiv), attached, which can also be viewed at the Harbour Office.

5. Designated Sites and the Harbour Authority's Responsibilities

5.1 The River Hamble Harbour Authority is a Relevant Authority and a Competent Authority under The Conservation (Natural Habitats, & c) Regulations 1994, commonly known as the Habitats Regulations. As a Relevant Authority the Harbour Authority 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.

5.2 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 tidal areas of the River form part of the Solent Maritime Special Area of Conservation.

5.3 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.

5.4 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 proposed development for Premier Marinas (Hamble Limited) at Swanwick Marina.

6. Harbour Master's Comments

6.1 Conservation (Natural Habitats &c) Regulations: The Marina and the proposed works lie adjacent to the Solent Maritime Special Protection Area, Special Area of Conservation and, on the opposite side of the River, to the Solent and Southampton Water Special Protection Area and RAMSAR site. The site is also adjacent to a Site of Importance for Nature Conservation Interest (SNCI) and to Lincegrove and Hacketts Marsh, a SSSI and Local Nature Reserve (LNR). Areas that could also be effected by the proposed development are River Hamble Mudflats and Saltmarsh - Brixedone Saltmarsh and Mudflats which are Sites of Importance for Nature Conservation (SINC). Under Regulation 48 of the Habitats Regulations, this project is subject to an appropriate assessment as it could have a significant effect on a European site (SPA, SAC). Should an appropriate assessment be required it will be undertaken by Fareham Borough Council before planning permission or consents from other Competent Authorities are granted.

6.2 Environmental Impact Assessment: The proposed project has been subject to an environmental impact assessment under the Town & Country Planning EIA Regulations and the Harbour Works EIA Regulations. All members of the River Hamble Management Committee and the River Hamble Harbour Board have been sent their own copies of the Environmental Statement (ES) Volumes 1 to 3. Copies of the ES are also available in the Harbour Office for members of the public to inspect. The ES, provided by Premier Marinas (Hamble Limited), concludes that there will be no adverse effects on the European sites from the proposed works to which this application relates, or from the wider works to which the planning application to Fareham Borough Council relates. Should an Appropriate Assessment be deemed necessary the lead Competent Authority, Fareham Borough Council (in consultation with Natural England), will draw on the information in the ES.

6.3 Boat Count: As a consequence of the pontoon reconfiguration, the total berthing capacity of the marina will be 326 berths, excluding works, fuelling and tender pontoons. This is a reduction from the current allocation of 393 berths. There is no reduction in the areas available for the storage of tenders and there are no proposals to alter the 24 pile moorings controlled by Premier Marinas (Hamble Limited).

6.4 The proposed works have been assessed by the Harbour Master as providing the following improvements to Health and Safety, Water Quality and Navigational Safety:

(i) Health and Safety. The relocation of all commercial operations to a dedicated and controlled area limiting access to only those authorised is seen as a significant benefit to Health and Safety.

(ii) Water Quality. The project provides a dedicated area for vessels scrubbing off anti-foul in a controlled and restricted environment. The scrub-off area includes the installation of an underground interceptor tank for the collection of waste anti-foul and scrubbed material and its capture in receptacles for appropriate disposal off-site. The collection of residual water "wash off" and its licensed disposal into the foul sewage system is also a benefit to water quality.

(iii) Water Quality. The installation of interceptors to collect any fuel spillage is a benefit to water quality.

(iv) Water Quality. Provision of a sewage holding tank pump-out facility is an added benefit to water quality.

(v) Navigational Safety. The redevelopment of the marina adds a number of navigational improvements, these are:

(a) Dedicated berths for larger vessels with appropriate wider approach channels.

(b) Moorings for smaller vessels in their own dedicated area within the marina, well away from manoeuvring larger vessels.

(c) Improved line of sight for approaching or departing vessels.

(d) The relocation and reduction, from two to one, of the hoist docks to a dedicated controlled area with improved access from the water.

(e) The relocation of the fuel facility with improved line of sight for approaching or departing vessels.

(f) Improved line of sight in the main channel owing to the reconfiguring of the pontooning and removal of the large vessel mooring at the upstream hammerhead next to Bursledon Pool.

(g) Reduced encroachment into the main channel owing to three hammerheads being withdrawn into the marina by ten, five and three metres respectively. One hammerhead does encroach into the main channel by two metres. The encroachment is minimal and will be on a reduced size hammerhead of ten metres.

6.5 River Wall: It is proposed that the River Wall is replaced along the entirety of the site boundary. The applicant has taken advice from Natural England and the Environment Agency and appropriate mitigation has been incorporated into the proposals. This includes sustainable bank protection measures to assist in the creation of river habitats.

6.6 Dredging: The marina will be the subject of the current maintenance dredging programme within the established River Hamble Dredging Plan.

6.7 Hydrographic Effects of the Proposed Development: Over an extended period of time the deepest line of the main channel may move a short distance towards the Bursledon side, opposite the marina. The long term change is not likely to extend beyond the marina reach. The reach is already naturally variable over long timescales and the effect of the proposed development will predominantly be in the sub-tidal channel. It will be likely that the effect will be difficult to differentiate from the natural variability. All changes will be small and confined to the marina reach of the estuary.

7. Consultation

7.1 Prior to the applicant applying for Harbour Works Consent the applicant held a public exhibition which took place within Swanwick Marina on the weekend of 30 - 31 March 2007. 10,496 local residents and businesses received an invitation to the exhibition along with details of the proposed plans. The exhibition was well attended, not only by local residents but by many local stakeholders who visiting the exhibition during the two day period

7.2 Feedback forms for members of the public attending the exhibition were made available by the Harbour Master. The feedback form allowed those who might wish to make comments direct to the Harbour Authority a conduit to do so. The form asked for comments covering the following:

(i) Protection of the marine environment.

(ii) Prevention of interference with other legitimate uses of the sea and the minimisation of noise or nuisance.

(iii) Potential impact on ease of navigation.

(iv) Navigational safety.

(v) Impact on designated sites adjacent to or within the area of development.

The Harbour Office did not receive any completed forms from the sixty taken away during the two day exhibition.

7.3 The formal application was received from the applicant on 10 May and copies, along with plans and a description of the proposed development were immediately distributed to members of the River Hamble Management Committee and the Harbour Board. Stakeholders and others who had requested their names be added to an email distribution list, were emailed with the following:

Swanwick Marina

Risk Assessment for Harbour Works Consent Application

Your representative on the River Hamble Harbour Management Committee will shortly have the details of the proposed development at Swanwick Marina (in the post today 10 May) to establish any comments regarding risk and hazards associated with the proposed development. I would be interested in receiving any comments you might wish to make regarding:~

· Protection of the marine environment

· Prevention of interference with other legitimate uses of the sea and the minimisation of noise or nuisance

· Potential impact on ease of navigation

· Navigational safety

· Impact on designated sites adjacent to or within the area of development

Timetable

The timetable for this application will be:~

Consultation completed 25 May

Report & risk assessment completed 30 May

Report to Management Committee 18 June

Report to Harbour Board 20 July

Full details of the proposed project are now available to the general public from me at the Harbour Office and I will also make myself available to show the plans and discuss any points you might have.

I will of course be available to receive any comments direct which will assist me in completing the risk assessment.

7.4 10 May 2007. Details of the proposed development were added to the Harbour Authority Website. Copies of the proposed application details were prepared in the Harbour Office ready to make available to members of the public should they so request.

7.5 By the closing date of the consultation (25 May), only the following comment had been received:

(i) I am not entirely convinced that there will be sufficient parking for both the extended marina and the 46 houses that are proposed.

8. Impact Assessments

8.1 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.