Archived decisions

Contact: David Evans tel: 01489 576387 email: [email protected]

1. Summary

1.1 The Harbour Board, as the executive decision-making body for the River Hamble Harbour Authority, requires a set of clear, unambiguous policies to guide their decision-making on works consent applications. This report proposes a set of draft policies as a basis for further consultation.

2. Recommendation

That the River Hamble Management Committee undertakes widespread consultation on the draft Harbour Authority works consents policies at Appendix 1 of this report.

3. Works Consent policy

3.1 The Southampton Harbour Act 1949 states that any proposed works in the River Hamble require Harbour Authority consent before the works can be carried out. The Harbour Master already has delegated authority to grant this consent in straight-forward cases (for example, where there is no adverse impact on navigational safety or the environment). In more complex cases, the consent of the Harbour Board is required. It is proposed that a set of works consent policies should be agreed, in order to provide the Harbour Board with criteria against which the application for works consent can be determined.

3.2 The adoption of formal Harbour Authority works consent policies will bring the Harbour Authority into line with Local Planning Authority procedures for determining planning issues against a set of agreed planning policies. This procedure reduces the scope for misunderstanding - if an application is in line with agreed policies it will be approved; if not, approval will be with-held.

3.3 A draft set of Harbour Authority works consent policies is at Appendix 1. It is recommended that this draft be considered by the Management Committee and that the Management Committee should then consult more widely before formally recommending adoption of the policies to the Harbour Board.

3.4 It is further proposed that the works consent policies, once adopted, should form an Annex to the River Hamble Strategic Plan.

4. Impact Assessments

4.1 This report covers a draft policy proposal only and has not been subject to an Equalities Impact Assessment

5. Conclusion

5.1 The Harbour Board requires unambiguous policies to provide a framework to guide decisions regarding applications for works consent for future development in the harbour. The recommendation in this report recognises that a set of draft policies is only the first step in a process which will require widespread consultation before agreement can be reached. The Management Committee is invited to carry out that consultation.

Appendix 1

DRAFT

River Hamble Harbour Authority

Policies for determining works consent applications

When considering applications for Harbour Authority works consent, the Management Committee and Harbour Board will be guided by the following policies:

1. Safety of navigation - where new hazards have been identified, works will only be consented if the associated risks can be adequately mitigated by appropriate control measures, such that the risks are kept as low as reasonably practicable (as required by the Port Marine Safety Code). However, if the level of risk remains intolerable even when such control measures would reduce the risk to as low as reasonably practical, works consent will be withheld on safety of navigation grounds.

2. Ease of navigation - works will not be permitted where they are judged to have an unacceptable impact on ease of navigation. The term `ease of navigation' refers to the navigation of all types of vessel. Where all types of vessel likely to be affected by the works have access to suitable alternative routes or practices, and where it can be adequately demonstrated that use of similar routes or practices elsewhere in the River poses no problems, the impact of proposed works on ease of navigation alone will not be sufficient grounds to withhold consent.

3. Environmental protection - the Harbour Authority has a duty to protect and enhance the natural environment. Works consent will not be granted if the proposed works would have an adverse impact on the designated sites. Proposed works should, wherever practicable, incorporate means of improving environmental quality.

4. Flood risk - consent for proposed works will not be granted until full consideration has been given to the possible implications of the works on flood risks throughout the River. The Environment Agency will request and analyse flood risk assessments where a development requires one.

5. Water quality - works consent will not be granted where it can be shown that the proposed development would have an adverse effect on water quality.

6. Conserving the harbour - the Harbour Authority has a duty to conserve the harbour and avoid any detrimental effect on the regime (flow rates, hydrology, erosion, scouring and sedimentation) of the River. Proposed works will not be permitted until it can be adequately demonstrated that the works will not have an adverse impact on the regime of the River.

7. Dredging - capital dredging will not be permitted, unless it can be adequately demonstrated that there would be no adverse effects on the designated sites and sediment regime of the River.

8. Commercial activity - the Harbour Authority aims to support the development and viability of marine industries on the River, within the bounds of the statutory Local Development Plans, Local Development Frameworks, environmental legislation and these policies.

9. Structures - where physically connected to the land, new jetties, slipways, pontoons, landing stages, steps, walkways, bridges and catwalks, or extensions to such structures, will not be permitted except where they lie within existing boatyards or marinas, or within built up areas of the River frontage.

10. Moorings - there will be no new permanent moorings allowed in designated Mooring Restriction Areas, including the Upper Hamble and Cur. The provision of a wide range of mooring types (walk-ashore, mid-stream pontoons, piles and buoys), sector (marinas, boatyards and mid-stream) and prices will be encouraged.

11. Dinghy sailing - works consent will not be granted where the works would impinge on existing safe areas for dinghy sailing.

12. Houseboats - there will be no additional houseboats allowed on the River, although existing houseboats may be repaired or replaced like-for-like with vessels of similar size and visual impact. Every opportunity should be taken to encourage houseboat owners to reduce sewage and grey water output into the River.

13. Fisheries - fisheries on the River that are authorised by the Southern Sea Fisheries Committee will be controlled and licensed by the Harbour Authority in order to ensure that they do not have an adverse impact on navigational safety.

14. Archaeology - consent for proposed works will not be granted until the effects on any known or potential archaeological resource have been fully assessed.