Archived decisions

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 for a proposed pontoon with access bridge to be installed adjacent to Myrtle Cottage, a dwelling on the western bank of the River Hamble at Lands End, Bursledon. The installation of the proposed development requires Harbour Authority Works Consent.

2. Recommendation

2.1 That the River Hamble Harbour Board grants Conditional Harbour Works Consent for the installation of a mooring pontoon at Myrtle Cottage, increasing the number of moorings in the River by one, as shown on the drawings 8813/2 ( 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 agreed environmental compensation will be completed prior to the installation. This work will be undertaken and paid for by the applicant prior to construction of the pontoon

c. The pontoon to be no larger than 12 metres by 3 metres and the seaward edge to be located no further out than shown on the drawing.

d. Piling to be by vibro-hammer to minimise environmental impact.

e. Harbour Dues will be payable at the annual rate for any boat moored on the pontoon.

3. Proposal

3.1 The proposal is to install a floating mooring pontoon at Myrtle Cottage, Land's End, Bursledon (OS Nat Grid 449086, 109362). The pontoon will be restrained by tubular steel piles and connected to the shore via a steel bridge as shown on drawing 8813/2. This is similar to that recently permitted at Parsons Plot and other properties on Land's End Road. The pontoon is intended for berthing of a single vessel.

4. Designated sites & 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 Regulations 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 Myrtle Cottage.

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, of which two people made an inspection.

d. detailed liaison with the Environment Agency, Natural England, Eastleigh Borough Council, the Marine and Fisheries Agency and the Hampshire & White Trust for Maritime Archaeology 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 agreements reached 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 an environmental impact assessment is not required.

6.2 The proposed development lies across the boundary of the Solent Maritime SAC, which is marked by the mean low water mark. The pontoon will dry out at low water resulting in loss of intertidal habitat. The Environment Agency, Natural England and Eastleigh Borough Council have all requested that a similar intertidal area be restored as compensation. There are no opportunities for replacement habitat on this site, however opportunities do exist elsewhere on the river.

6.3 A compensation package has been agreed between the Harbour Authority staff, the applicant and the other environmental authorities. This package includes removal of concrete blocks from the Hamble foreshore which will enable the restoration of natural intertidal habitat. This work will be undertaken and paid for by the applicant prior to construction of the pontoon

6.4 Navigational safety is not effected by the proposed development.

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.