Contact: Tony Clatworthy or Alison Crang Tel 01489 576387

email: [email protected] or [email protected]

1. Summary/Executive Summary

1.1 This report details the application for Harbour Works Consent to replace and enlarge the ageing dinghy pontoon and associated piles at Warsash Sailing Club, Shore Road, Warsash. The proposed development requires Harbour Authority Works Consent.

2. Recommendation/s

2.1 The River Hamble Harbour Management Committee advise the River Hamble Harbour Board to grant Conditional Harbour Works Consent for the proposed development as shown on the plans Sol-2174-SC01-002, Sol-2174-SC03-000, Sol-2174-SC04-000 (which is attached at Annex A) with the following conditions:

a. all other required consents must be in place with copies of such consents supplied to the Harbour Authority prior to commencement of the works:

d. piling to be by non-percussive, low impact method, such as vibro-piling, to minimise environmental impact. Approval for any piling must be sort from the Environment Agency and Natural England due to strict timing restrictions.

e. no boat or dinghy to be moored or launched from the pontoon unless a current Harbour Dues sticker is displayed on the boat or dinghy. Harbour Dues will be payable at the daily or annual rate for any boat launched or moored on the pontoon.

f. Warsash Sailing Club own the risk of small boats launching from the jetty and in order to help them manage the risk, Warsash Sailing Club are required to affix an appropriately worded sign warning their members of the possible dangers during adverse conditions. The wording for the sign is to be agreed with the Harbour Master (see attached risk assessment).

g. a method statement for the works (both pontoon replacement and replacing the piles) should be supplied to the Harbour Authority for approval prior to works starting.

h. a safety ladder and appropriate lifesaving equipment should be included in the plans.

3. Proposals

3.1 The proposal is to replace Warsash Sailing Club's ageing dinghy pontoon and associated 6 piles with new, as shown on drawings Sol-2174-SC01-002, Sol-2174-SC03-000, Sol-2174-SC04-000in Annex A. The existing pontoon measures 23.00m x 7.96m. The replacement pontoon will measure 23.00m x 9.72m. The locating piles will be retained in the same position but will be within the pontoon area thus giving an uninterrupted mooring edge for the dinghies. This is to reduce the risk of damage and to allow a larger number to be moored up at one time. The pontoons will be afloat at all states of tide. The centre section of the pontoon will be larger, with a ramp down to the water.

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 (SPA) and Ramsar site. The whole river is within the Solent Maritime Special Area of Conservation (SAC).

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 Under the Natural Environment and Rural Communities Act 2006, all public bodies, which include the Harbour Authorities as statutory undertakers, have a duty to have regard, so far as is consistent with the proper exercise of their functions, to the purpose of conserving biodiversity.

4.5 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 at Warsash Sailing Club.

4.6 The Harbour Authority addresses its responsibilities under the environmental regulations through consultation with Hampshire County Council, the Borough Councils, the Department for the Environment, Food and Rural Affairs, Natural England, English Heritage and the Environment Agency. Specific issues relevant to this particular application are covered within the Harbour Master's comments below.

4.7 Navigational Safety issues are addressed through the Port Marine Safety Code and the Harbour's Safety Management System. Specific issues relevant to this particular application are covered within the Harbour Master's comments below.

5. Consultation

5.1 On receipt of the application a consultation exercise was commenced on 22 February 2008 which entailed the following actions:

a. details of the application entered on the Harbour Authority website:

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

c. email 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. One stakeholder inspected the plans and made comments regarding possible increased risks should the development proceed.

d. Following the completion of the consultation exercise communications were received from members of the public but none from local stakeholder groups. Following suggestions of an increase to the risks should the development proceed a risk assessment has been prepared and is attached at Annex B to this report.

e. Environmental considerations discussed through consultation with the environmental authorities have been summarised within section 6 `Harbour Master's Comments'.

6. Harbour Master's Comments

6.1 The proposal is within the Solent Maritime Special Area for Conservation (SAC). The pontoon will be afloat at all sates of the tide therefore not impacting on any intertidal habitat. The increase in total area of coverage by the pontoon is unlikely to have a significant effect on the interest features of the designated site.

6.2 Timing of the works will require approval from the Environment Agency and Natural England.

6.3 A method statement for the works (both pontoon replacement and replacing the piles) should be supplied to the Harbour Authority for approval prior to works commencing.

6.4 At the time of writing no other permissions or consents for this proposal had been granted from the other authorities.

6.5 Navigational Safety issues have been addressed within the risk assessment and the suggested conditions for Harbour Works Consent

7. Impact Assessments

7.1 This report has no direct impact of the services or facilities of the Harbour Authority, therefore no impact assessment has been completed.

ANNEX A

Plans / Drawings

Annex B

River Hamble

Management Committee

25 April 2008



RIVER HAMBLE HARBOUR AUTHORITY

PORT MARINE SAFETY CODE

RISK ASSESSMENT REPORT

Warsash Sailing Club

Proposed Changes to Dinghy and Tender Launching Pontoon

7 April 2008

1. INTRODUCTION

The Government looks to all Harbour Authorities to implement the requirements of the Port Marine Safety Code (The Code). The Code is intended to apply to all Harbour Authorities to the extent that they have duties and powers relating to marine safety.

It is particularly directed at Harbour Authorities and to Directors, Commissioners or Trustees who are members of the boards of such Harbour Authorities. The Code is not optional it applies to ports of all sizes, irrespective of resources or levels of traffic.

The Code represents the national standard against which policies, procedures and performance of Harbour Authorities may be measured. It is obligatory for the purpose of meeting the standard in the Code that measures are taken to reduce all risks associated with port marine operations to As Low As Reasonably Practical (ALARP).

1. SCOPE

The Code does not apply to duties and powers other than those related to marine operations. Marine operations are those that facilitate the safe use of a harbours by vessels. They include the direction of shipping and the regulation of safety of navigation in a harbour and the maintenance of aids to navigation within the jurisdiction of a harbour.

2. BACKGROUND

Warsash Sailing Club has requested Harbour works Consent to enlarge the dinghy launching pontoon at Warsash Sailing Club, Lobster Quay. This risk assessment investigates the possibility of any risks associated with the proposed developments and will also highlight any procedures that may require to be established to manage such risks, should any be found.

3. RISK ASSESSMENT

The Code requires that each Harbour Authority assess risks associated with marine operations and manages those risks to reduce them to As Low As Reasonably Possible (ALARP). Risk assessment is an ongoing process to this end the risk assessment has been carried out by the Harbour Master to consider the risks associated within the dinghy launching area at Lobster Quay and how the proposed development may effect vessels either side at Stone Pier Yard and the Harbour Masters Jetty.

4. DEFINITIONS

For the purpose of this report the following definitions will apply:

A hazard is anything that can cause harm to a person, property or the environment;

A risk is the chance, high or low, that a person, property or the environment will be harmed by the hazard.

5. METHODOLOGY

To assess risks in The River Hamble 4 steps are followed:

1. Hazards are identified;

2. The consequence of the hazard materialised are assessed;

3. The risk and existing precautions are evaluated;

4. The findings are recorded.

It is also recognised that provision must be made to review and revise this assessment as necessary.

The aim of the risk assessment is to ensure that all of the significant hazards (potential accidents) associated with marine operations are identified and quantified in terms of risk to people, property and/or the environment.

This information provides an essential input to the continual development of THE River Hamble Harbour Authority Safety Management System and will be used by the Harbour Authority as a rational basis on which to decide priorities and to set objectives for eliminating hazards and or reducing risks to As Low As Reasonably Practical.

The risk assessment identifies each hazard and then categorises them as either a collision, contact, grounding or a swamping hazard:

Collision: Collision between two or more vessels which are underway, regardless of whether the vessel(s) are not under command or disabled in any way but excluding wrecks.

Contact: A vessel striking, or being struck by, an external object or a vessel that is not underway (e.g. anchored or moored), excluding the sea bed.

Grounding: A vessel coming to rest on, or riding across, underwater features or objects.

Swamping: The excessive ingress of water over the gunwale of a vessel such that it becomes waterlogged and may sink.

An estimated degree of risk is assigned to each identified hazard to provide a relative rating between risks. The following scoring system has been applied:

LIKELIHOOD OF OCCURRENCE

CONSEQUENCE

Each hazard has been assigned a score of 1 to 5 for the "likelihood of occurrence" and a score of 1 to 5 for "consequence". The "risk rating" has then been obtained by multiplying the two scores together giving a maximum rating of 25. The higher the rating the more serious the potential consequences. Rating risks help to give an indication of their significance.

As a guide it is considered that any "risk rating" of 12 and above, is not ALARP and therefore additional precautions should be implemented to ensure compliance with the Code.

RISK ASSESSMENT FOR THE IMMEDIATE AREA AROUND THE LAUNCHING PONTOON AT LOBSTER QUAY, STONE PIER YARD AND THE HARBOUR MASTERS JETTY.

Introductory Notes

1. The risk assessment was originally completed in June 2004 for a proposed development at Stone Pier Yard.

2. Historically the water between the launching pontoon at Lobster Quay and Stone Pier Yard has been looked on by both Warsash Sailing Club and Warsash Marine as important and should not be encroached into or allowed to be reduced in any way.

3. Warsash Sailing Club have regard for the room available for dinghies to tack/sail away and/or return safely to the launching pontoon. Warsash Sailing Club have therefore resisted any use of this area and complained of boats being moored to far out at Stone Pier Yard downstream pontoon.

4. Stone Pier Yard have on occasion complained to the Harbour Authority of dinghies landing on moored boats in Stone Pier Yards upstream pontoons.

5. Following the proposed development going to consultation to stakeholders a comment was received from Warsash Marine raising concerns of the loss of manoeuvring water for the dinghies possibly which could impact on moored boats on Stone Pier Yards moorings.

6. Stone Pier Yard are currently processing an insurance claim for £2,500 worth of damage to a moored vessel by a dinghy launching from the pontoon.

7. Warsash Marine have also raised concerns of young children being launched in Optimist dinghies which are then forced into Stone Pier Yard by the strong tide.

8. There will be a total loss of one metre of manoeuvring water between Stone Pier Yard and the launching pontoon leaving approximately 20 metres of water between the proposed pontoon and the refuelling pontoon.

9. * indicates that the proposed development will alter the scoring of the risk assessment.

5. RESULT OF RISK ASSESSMENT AND RISK MANAGEMENT

Of the 18 identified hazards 6 obtained risk ratings that would indicate that they would not at present be ALARP.

The following table lists precautions that would be introduced to manage the identified risks and therefore reducing the Highest Risk Rating to ALARP. These are shown within ( )

Precautions:

Harbour Patrols during forecast and busy periods or heavy volumes of traffic and publicised speed limit.

Signs at entrance to river.

Precautions:

Warsash Sailing Club to ensure their members are aware of the possibility of a collision and to time their arrival and departure to allow for possible dangers.

Warsash Sailing Club members are to have their attention drawn to the effects of wind and tide restricting their options during launching and recovering.

The risk is owned by Warsash Sailing Club

Precautions:

Attendance at the time of the incident by Harbour Authority Staff and Patrol Boats within normal working hours which are associated with dinghy launchings..

Pre-planning, written and established actions that have been practiced by Harbour Authority staff.

Risk assessments written with action plan for the four emergency services that would attend such an incident.

Precautions:

See 10 and 10a below

Precautions:

Publicise the use of life jackets when travelling in small tenders. Signs displayed at Warsash Sailing Club Jetty.

(The fig 4 recorded in the consequences column represents a person without a lifejacket)

Precautions:(None novice sailors)

Dinghy sailors to wear buoyancy aids.

Dinghy sailors to be made aware of dangers.

The yacht club must ensure that those taking part in launching or recovering from the WSC are fully aware of this danger. A sign warning of the effects of changing conditions (wind and tide) should be erected on the WSC dinghy launching jetty.

In certain conditions dinghies to be launched from the hard or the Warsash Sailing Club slipway.

Notes:

There has always been a risk to vessel capsizing and being swept onto and under the moorings at Stone Pier Yard. This has occurred twice in the last three years. On both occasions the dinghy helm was in danger of drowning.

There is a risk to dinghies being swept out of control onto the fuel jetty while fuelling is taking place.

Precautions:

Include the actions of 17 above.

Consideration be given for a club safety vessel to be positioned in the main channel to give warning of vessels approaching.

Consideration given for the club safety vessels to tow groups of training dinghies to the nursery sailing area. This would only be required during high volumes of traffic or very strong tides.

Consideration given for the club to launch novice dinghy helms from the slipway at Warsash Sailing Club during adverse wind and tidal conditions.

The River Hamble Safety Management System and the Code of Practice for racing in the River Hamble would be amended to address these hazards so that identified risks will be managed to be as low as reasonably practical.

Full consideration will be given to the precautions identified above, reducing the Highest Risk Rating to below 12.

6. CONCLUSION AND HARBOUR MASTERS RECOMENDATIONS

a. In June 2004 the Harbour Master wrote in his risk assessment that:

i. Whilst the risk assessment indicates that the there is a risk that is not considered As Low As Reasonably Practical, by introducing the precautions identified above in section 6, the risks can be managed and reduced to As Low As Reasonably Practical, this accords with the Port Marine Safety Code.

ii. Having carefully considered this risk assessment the Harbour Master recommends that the practice of allowing novice dinghy helms to launch and recover at the lobster quay launching platform be further investigated by the club. This decision must be a decision made by the club for their members. The dangers highlighted should be further investigated and procedures put in place to manage the risk or reduce them to ALARP by the Warsash Sailing Club.

b. The Harbour Masters also makes the following recommendation and comments;

i. Visiting larger passenger vessels such as "Leisure Scene" and other commercial traffic have controlled entry and would not be permitted during periods of heavy traffic.

ii. The fore and aft moorings in the main channel do form a barrier and therefore produce a secondary channel but these moorings also become a danger owing to vessels hitting them and getting caught up on them.

iii. The fuel barge, which is located at the downstream end of the outer pontoon of Stone Pier Yard introduces a pinch point and a danger to dinghies and tenders proceeding upstream from the Warsash Sailing Club or Harbour Masters. The height of the pontoon, over one meter, obscures views upstream for dinghy helms coming out into the river.

iv. The managing of dinghy races and training events is controlled through the Code of Practice. All identified risks are managed within that Code by the yacht clubs and the Harbour Authority.

v. It may be advisable in future, during very strong tides and heavy traffic periods, to deliver groups of training dinghies by towing them to the training area and using the safety boats to give warning of any approaching vessels. This procedure would help manage the risks associated with launching novice young helms, into a busy main channel with a fast flowing tide and little wind. The event organiser would also be able to call on the help of the Harbour Patrol to ensure traffic flows correctly.

vi. The Harbour Master would suggest that Warsash Sailing Club further investigate the practice of allowing young children in optimist and mirror dinghies to proceed into the main channel individually or in large groups. It is recognised that the Club does have procedures in place and does employ members in safety boats, but on some occasions they have become overstretched.

vii. These dangers only appear during periods of strong tides and/or heavy traffic in the main channel.

1. The Harbour Master would therefore wish to reiterate 6 a & b above and also make the following comments regarding the further loss of manoeuvring space on the water.

a. The loss of one metre of manoeuvring space on the water for dinghy sailors may be looked upon as negligible but continuing loss is accumulative and therefore must be taken into consideration.

b. The Harbour Master has removed the fore and aft mooring making the area safer for launching and transiting dinghies.

c. The Harbour Master would like to reemphasise his comments at `6 a & b' above and also wish to see a warning notice informing those launching at Lobster Quay that a risk does exist depending on the conditions at the time. It is emphasised that this risk is owned by Warsash Sailing Club and not the Harbour Authority. The main concerns are the occasions when individual dinghy helms launch on days when there is no supervision or safety boats in attendance. Together with a lack of experience and local knowledge there is the possibility of an incident occurring.

d. The dangers highlighted and drawn to the attention of Warsash Sailing Club by the Harbour Authority should be further investigated and procedures put in place to manage the risk or reduce them to ALARP by the Warsash Sailing Club.

ONGOING RISK ASSESSMENTS

The assessments of risks is an ongoing process. This risk assessment will be regularly reviewed and updated and/or amended as appropriate. New risks that emerge as conditions or the use of the harbour change will be given immediate attention.

Risk assessment and the management of risks is a continual process.

AG Clatworthy

Harbour Master

7 April 2008