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 construct an additional 118 metre pontoon for 20 boats inshore of the existing pontooning at Eastlands Boatyard, Coal Park Lane, Swanwick. The installation of the proposed development requires Harbour Authority Works Consent.

2. Recommendation

2.1 It is recommended that the River Hamble Harbour Board refuses this application on the grounds that the applicant has failed to adequately assess the impacts of the proposal on the environment.

3. Proposals

3.1 "The proposal is to construct an additional 118 metre pontoon for 20 boats inshore of the existing pontooning at Eastlands Boatyard as shown on plan 8790/13 in Annex A To compensate for the habitat loss resulting from grounding of the pontoon at low water it is proposed to modify the works to the quay wall moving it 1m shorewards enabling a net increase in the Site of Importance for Nature Conservation. No dredging is proposed."

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 On receipt of the application a consultation exercise was commenced on 18 January 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. Two people inspected the plans.

d. detailed liaison with the Environment Agency, Natural England and Fareham Borough Council regarding the environmental impacts of the proposal.

e. Following the completion of the consultation exercise no communications were received from members of the public or local stakeholder groups.

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

6.2 The proposed development lies across the boundary of the Solent Maritime SAC, although the applicant has failed to show this on the plan. The proposed development is also within a Site of Importance for Nature Conservation (SINC). In addition, habitat (salt marsh and mudflat) within the SINC is designated as priority habitat under the Biodiversity Action plans (BAP) and incremental loss of such habitats should be avoided.

6.3 Consultation has been undertaken with the Environment Agency, Natural England and Fareham Borough Council to ensure full awareness of the environmental implications of this scheme. Lack of information provided by the applicant means it has not been possible for environment officers from the above authorities to advise the Harbour Authority that this proposal is environmentally acceptable. Further information has been requested from the applicant on numerous occasions.

6.4 Far more explanation is required regarding "modifying the quay wall". There is a high risk that the proposed development will result in a significant impact to the features of nature conservation interest, including the SAC, SINC, BAP habitats (mudflat and salt marsh), and salmonid fish. There is insufficient information to assess what measures are to be taken to avoid the adverse impacts, nor to demonstrate that compensation, mitigation or enhancement will be provided or be successful. The applicant states that moving the wall will enable a net increase in the SINC, however there is no information provided to say how, or if, this will be achieved. Also, habitat needs to be designated as a SINC, simply creating adjoining habitat does not guarantee it will become part of the designated site.

6.5 The Environment Agency and Natural England have both given advice that an ecological appraisal should be undertaken before this application can be determined. The Biodiversity Action Plan for mudflats and salt marsh requires the quality of these habitats, in terms of community and species diversity, is to be maintained and where necessary the nature conservation interest restored through appropriate management so that they fulfil their important ecological and conservation role.

6.6 The previous removal of a walkway across the mudflat and salt marsh was agreed as mitigation for the construction of the current pontoons in an earlier application. The proposed plan to install a pontoon appears to be in an area previously agreed as mitigation for the current layout. Reinstalling a structure into this habitat is likely to be viewed as a loss of that original mitigation.

6.7 The Harbour Authority has responsibility 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, and to have regard for conserving biodiversity. The Harbour Authority has received insufficient information from the developer to assess the impacts on the environment, and therefore this report is unable to provide the information required to confirm compliance with its environmental responsibilities.

6.8 At the time of writing the applicant has not submitted applications for planning approval or FEPA & CPA licenses, or for Flood Defence Consent.

6.9 The effects of a further 20 motor boats located above the M27 road bridge would introduce disturbance to habitat designated for nature conservation.

6.10 The project requires an increase to the Rivers moorings count of a further 20 moorings.

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.

8. Conclusion

8.1 There are a number of outstanding subjects involving the following navigation and environmental issues, which are.

a. The proposed project has been submitted without full consideration to its impact on the environment and habitats of the River.

b. Intertidal mudflat already offered from a previously consented works as compensation would be built over.

c. There would be an increase of 20 moorings.

d. Further disturbance would be introduced close to a habitat designated for nature conservation.