Contact: Tony Clatworthy or Alison Crang Tel 01489 576387

email: [email protected] or [email protected]

1. Summary

1.1 This report details the application for Harbour Works Consent to raise the seaward edge of the car parks and stabilise the bank by construction of a timber sleeper retaining wall at Eastlands Boatyard, Coal Park Lane, Swanwick. The installation of the proposed development requires Harbour Authority Works Consent.

2. Recommendation

That the River Hamble Harbour Management Committee advise the River Hamble Harbour Board to grant Conditional Harbour Works Consent as detailed in drawings 8790/7 & 8790/8 ( 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:

b. The works will only be permitted to be undertaken during the period 1 April to 30 September.

c. All piling will be undertaken by using vibro-piling to minimise environmental impact.

d. All works must be undertaken from the landward side with no impact on the SINC or BAP habitat.

e. To insure there is no impact to the SINC or BAP habitat during the construction phase of the proposed project regular inspections will be undertaken. Should there be evidence of damage consideration will be given for withdrawal of consent.

3. Proposals

3.1 The proposal is to raise the seaward edge of the Boatyard to reduce flooding, and to stabilise the River embankment by constructing a wall of timber sleepers fitted between steel I sections as shown on plans 8790/7 & 8790/8 in Annex A. The wall will be sloped to maintain the angle of the current bank, and will not encroach into the mudflat. The design of the wall will include measures to allow plants to establish. Gaps behind the timbers will be filled with coarse aggregate. The material used to raise the level of the car park is to be agreed with the Environment Agency. Timing of the works will avoid the sensitive period for over-wintering birds (October to March), and vibro-piling will undertake to minimise environmental impact.

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 Eastlands Boatyard.

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 The project was first submitted on the 2 November 2006 and because of various reason withdrawn and resubmitted on the 25 May 2007. It was scheduled to go before the Management Committee on the 12 January 2007 but withdrawn on request of the applicant pending further consultation with other agencies.

5.2 During the original submission and also the resubmissions the project has appeared on the harbour authority website advising of its availability for consultation.

5.3 The Harbour Office has been in full consultation and liaison with Fareham Borough Council, Environment Agency and Natural England throughout the process of consultation for the Planning permission, FEPA & CPA licenses for the project.

6. Harbour Master's Comments

6.1 It is understood that this proposal does not constitute a `relevant project' under the Marine Works (Environmental Impact Assessment) Regulations 2007 and therefore an environmental impact assessment is not required.

6.2 The proposed development does not lie within the boundary of the Solent Maritime SAC or the Solent & Southampton Water SPA/Ramsar Site. The proposed development is at the boundary of a Site of Importance for Nature Conservation (SINC). Habitat within the SINC is designated as priority habitat under the Biodiversity Action plans (BAP) and incremental loss of such habitats should be avoided. The development will not encroach in to the SINC.

6.3 Planning permission, FEPA & CPA licenses have been approved

6.4 There is no impact on navigation.

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.