Archived decisions

AT A MEETING of the RIVER HAMBLE HARBOUR MANAGEMENT COMMITTEE

held at Warsash Sailing Club, Shore Road, Warsash on Friday 25 April 2008.

Hampshire County Council

Chairman:

p Councillor R. Ellis

Councillors:

p

Mrs. C. A. Bailey

p

A. D. G. Evans

a

D. R. Blampied

p

G. M. Hockley

p

A. Broadhurst

p

A. W. Rice, TD

a

G. W. Davies-Dear

p

Seán D. T. Woodward

Eastleigh Borough Council

p

Councillor W. J. Pepper

a

Councillor B. Wright (deputy)

Fareham Borough Council

p

Councillor T. M. Cartwright

a

Councillor D.C.S. Swanbrow (deputy)

Winchester City Council

p

Councillor Mrs C. Sutton

a

Councillor J. Cooper (deputy)

Association of Hamble River Yacht Clubs

a

Mr J. Greensmith

Royal Yachting Association

p

Mr D. Alexander

British Marine Federation

a

Mr S. J. Bourne

p

Mr J. Eads (deputy)

Hamble River Boatyard and Marina Operators' Association

p

Mr R. Boissier

a

Mr N. Kimish (deputy)

Associated British Ports

a

Mr P. Holliday

p

Mr R. Blair (deputy)

Also present:

Councillor J.V. Bryant, Chairman of the River Hamble Harbour Board.

155. APOLOGIES FOR ABSENCE

    Apologies for absence were received from Councillor D. R. Blampied as he is on County Council business, Mr J. Greensmith and Mr P. Holliday.

156. DECLARATIONS OF INTEREST

    Members who believe they have a personal or personal prejudicial interest in any matter to be considered at the meeting must declare their personal interest and having regard to the circumstances described in 9, 10, 11 and 12 of the County Council's

Code of Conduct, consider whether to leave the meeting whilst the matter is discussed, save for exercising any right to speak in accordance with paragraph 12 of the Code.

The declaration should be made at the time of the relevant debate.

Councillor S. D. T. Woodward declared a personal interest by virtue of being a berth holder in Swanwick Marina.

Councillor Mrs C. Sutton declared a personal interest as a Member of the Royal Southern Yacht Club and a mooring holder.

Councillor W. J. Pepper declared a personal interest in Item 13 due to being on Eastleigh Borough Council.

Councillor T. M. Cartwright and Mr D. Alexander declared a personal interest in Item 10 as Members of Warsash Sailing Club.

Mr D. Alexander declared a personal interest as a Member of the Warsash Sailing Club.

157. MINUTES

    The minutes of the meeting of the Committee held on 4 January 2008 were confirmed as a correct record and signed by the Chairman.

158. CHAIRMAN'S COMMUNICATIONS

    The Chairman reported receipt of a letter from Mr P. Knight, Commodore at Warsash Sailing Club expressing concerns about the Harbour Work Consents Application for the replacement of the dinghy pontoon and piles at Warsash Sailing Club. The Chairman advised that he and the Marine Director would reply direct to Mr Knight.

159. DEPUTATIONS

    There were no deputations received.

160. HARBOUR MASTER'S REPORT

    The Committee considered the report of the Director of Recreation and Heritage

(Item 6 in the Minute Book) summarising activities, incidents and events on the River since on activities, incidents and events on the River since 31 January 2008.

The Harbour Master went through the report and answered any queries Members had regarding the incidents that had occurred and highlighted the following points.

Paragraph 4.8 - it was noted that the pontoons had been regularly checked over the last 5 years, an audit had been carried out and they had been replaced where necessary.

Paragraph 4.24 -it was noted that further information had been requested about the collision between the motor yacht and the moored vessel. The Royal Yachting Association was investigating the method used by the instructor and the Marine Accident Investigation Branch had been provided with a report of the incident by the Harbour Master. A Member expressed concern that it was a worrying trend that there were inexperienced sailors on the River. The Harbour Master commented that the Royal Yachting Association would prefer boat owners to obtain training and qualifications voluntarily, rather than introducing legislation. Mr Alexander advised that there was no evidence to show that novice sailors were causing accidents.

    In connection with Paragraph 5.1, the Committee asked that a letter of thanks be sent to the Mr Jamie Williams, Assistant Harbour Master (Patrol) expressing their appreciation of his work and a letter welcoming Mr Brett Winslade in his new post as Mr William's replacement.

In relation to the supplementary report circulated at the meeting and in particular to paragraph 1.4, the Harbour Master reported that nearly all of the fuel was recovered.

    Paragraph 3.1 - it was noted that River users were having difficulty in identifying the navigation light on plie C10 upstream of the Hamble Jetty. The Harbour Master advised that a new light will shortly be installed replacing the current light and providing a light of greater intensity. The greater intensity of the new light will assist River users in identifying the light from the background clutter of other lights.

    The Harbour Master informed the meeting that he had been working with the Harbour Master of Southampton and had also gained consent from Trinity House to establish a navigation light on the buoy at Bald Head. It is hoped that the light will assist matters in the approach to the River Hamble and possibly assist matters in crossing Southampton Water at that point.

    The Committee asked that the Harbour Authority's website include a link to the Management Committee's reports to make the reports more widely available.

    RESOLVED:

    That the report be noted.

161. MARINE DIRECTOR'S CURRENT ISSUES

    The Committee considered the report of the Director of Recreation and Heritage

    (Item 7 in the Minute Book) highlighting current issues relating to the management of the Harbour Authority.

    The Marine Director reported that all questions had been answered in relation to the

    Freedom of Information requests received about Harbour Dues. In response to a question about the costs associated with River Hamble Officer time spent on Freedom of Information requests, the Marine Director advised that a record had been kept of all time by officers - 170 hours at a total cost of £7,000.

    In connection with the Crown Estate Management Agreement, the Marine Director advised that there had been minimal changes to the Agreement which had been signed and returned to The Crown Estate.

    In respect of the Crown Estate Lease, the Marine Director advised that there was now one collective lease covering all 4 sites (Warsash Jetty, Fishermen's Jetty, Visitor's Pontoon and Hamble Jetty) rather than individual ones.

    The Marine Director advised that the draft Marine Bill had been published for consultation and that there was noting in it which would cause difficulties for the Harbour Authority and would not therefore be responding to the consultation.

RESOLVED:

    That the report be noted.

162. ENVIRONMENTAL UPDATE

    The Committee considered the report of the Director of Recreation and Heritage

    (Item 8 in the Minute Book) summarising the activities and events relating to the environment of the River from November 2007.

    The Harbour Master reported that in connection with the Recycling Scheme, the volunteers' first blog on the website was awaited. MDL Marinas have now completed their trial with Eastleigh Borough Council. Premier Marinas have adopted a corporate approach to recycling in all their marinas. Both Eastleigh Borough Council and Fareham Borough Council have been working together with other marinas and boatyards on the River to put similar arrangements in place. A leaflet was currently being drafted to ensure that all River users were aware of the Recycling scheme.

    Councillor Ellis advised that he had recently attended a Police conference on Project Kraken and felt that it was worthwhile. The Marine Director advised that details on Project Kraken could be found on the Harbour Authority's website.

    RESOLVED:

    That the report be noted.

163. ANNUAL FORUM 2008

    The Committee considered the report of the Director of Recreation and Heritage (Item

9 in the Minute Book) providing a note of the proceedings of the River Hamble

Harbour Authority Annual forum held on 25 March 2008. The Marine Director

reported that he had written to Mr John Mitchell concerning the administration fee

payable to yacht clubs and marinas in return for collecting Harbour Dues on behalf of

the Harbour Authority.

The Marine Director also reported that following the Annual Forum Councillor

Swanbrow had investigated the issues with boat trailers. Councillor Swanbrow had

entered into negotiations with Fareham Borough Council in an effort to identify places

to park trailers in Warsash. The Marine Director pointed out that a suitable site for 12-

20 trailers was all that was required and the option of parking trailers off-site was

attractive.

RESOLVED:

That the Appendix to the report be noted and submitted to the Harbour Board for

consideration.

164. HARBOURS WORK CONSENTS APPLICATION : REPLACEMENT OF

DINGHY PONTOON AND PILES, WARSASH SAILING CLUB

    Councillor T. M. Cartwright and Mr D. Alexander left the meeting whilst this item was

being considered.

The Committee considered the report of the Director of Recreation and Heritage (Item

10 in the Minute Book) to replace and enlarge the ageing dinghy pontoon and

associated piles at Warsash Sailing Club, Shore Road, Warsash. The Marine Director

pointed out that he had taken legal advice around the condition to be imposed upon

Warsash Sailing Club that all their Members must have a valid Harbour Dues sticker -

the payment of Harbour Dues is a legal requirement so the condition was valid and

reasonable and that a similar condition had been imposed on works consent applications

elsewhere in the River. He also explained that arresting and detaining a boat on dry land

is impossible so the arrest needs to take place when the boat is afloat. Boats could be

detained pending payment of the Harbour Dues and if not paid the boat could be sold to

recover the Dues owing. In discussion some Members felt that the Club should be

required to `advise their members of the requirement to pay Dues' whilst other

Members were in favour of the condition as drafted.

RESOLVED:

That the River Hamble Harbour Board be advised as follows:

That conditional consent for harbour works be granted for the proposed development as

shown on the plans Sol-2174-SC01, Sol-2174-SC03-000, Sol-2174 - SC2174-000, as

attached at Appendix A to the report with the following conditions:

(a) That all other required consents must be in place with copies of such consents

supplied to the Harbour Authority prior to the commencement of works.

(b) That all piling will be undertaken by a non-percussive, low impact method, such as

vibro-piling, to minimise the environmental impact. Approval for any piling must

be sought from the Environment Agency and Natural England due to strict timing

restrictions.

(c) That 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 rate or annual rate for any boat launched or moored on the

pontoon.

(d) That 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 weather conditions. The wording for the sign is to be agreed with the

Harbour Master, as detailed in the risk assessment set out in Appendix B to the

Report.

(e) That 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.

(f) That a safety ladder and appropriate lifesaving equipment should be included in the

plans.

165. HARBOURS WORK CONSENTS APPLICATION : BANK STABILISATION

AND FLOOD DEFENCE AT EASTLANDS BOATYARD

    The Committee considered the report of the Director of Recreation and Heritage (Item

11 in the Minute Book) on Harbour Work Consents application to raise the seaward

    edge of the car parks and stabilise the bank by the construction of a timber sleeper retaining the wall at Eastlands Boatyard, Coal Park Lane, Swanwick.

    RESOLVED:

    That the River Hamble Harbour Board be advised as follows:

    That conditional consent for harbour works be granted as detailed in drawings 8790/7 and 8790/8, as attached to Appendix A with the following conditions:

    (a) That all other required consents must be in place with copies of such consents

    supplied to the Harbour Authority prior to the commencement of the works

    (b) That works will only be permitted to be undertaken during the period 1 April to

    30 September.

    (c) That all piling will be undertaken by using vibro-piling to minimise the

    environmental impact.

    (d) That all works be undertaken from the landward side with no impact on the Site of

      Importance of Nature Conservation (SINC) or Biodiversity Action Plan (BAP) habitat.

    (e) That 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.

166. HARBOURS WORK CONSENTS APPLICATION : ADDITIONAL PONTOON

AND BERTHING AT EASTLANDS BOATYARD

The Committee considered the report of the Director of Recreation and Heritage (Item

12 in the Minute Book) on Harbour Work Consents application to construct an

additional 118 metre pontoon for 20 boats inshore of the existing pontooning at

Eastlands Boatyard, Coal Park Lane, Swanwick.

RESOLVED:

That the River Hamble Harbour Board be advised as follows:

That the application for harbour works consent be refused on the grounds that the

applicant has failed to adequately assess the impacts of the proposal on the

environment.

167. HARBOURS WORK CONSENTS APPLICATION : MYRTLE COTTAGE

PONTOON AND ACCESS BRIDGE

    The Committee considered the report of the Director of Recreation and Heritage (Item

    13 in the Minute Book) on the Harbour Work Consents application for a proposed

pontoon with access bridge to be installed adjacent to Myrtle Cottage, a dwelling on the

    western bank of the River Hmable at Lands End, Bursledon. In response to a question about boats mooring side by side, the Harbour Master advised that this requirement would be incorporated into the consent.

    RESOLVED:

    That the River Hamble Harbour Board be advised as follows:

    That conditional consent for harbour works be granted 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, as attached to Appendix A of the report with the following conditions:

    (a) That all other required consents must be in place with copies of such consents

    supplied to the Harbour Authority prior to the commencement of the works.

    (b) That the agreed environmental compensation will be completed prior to the

    installation. This work will be undertaken and paid for by the applicant prior to the

    construction of the pontoon.

    (c) That the pontoon is to be no longer than 12 metres by 3 metres and the seaward edge

    to be located no further out than shown on the drawing.

    (d) That all piling will be undertaken by vibro-hammer to minimise the environmental

    impact.

    (e) That Harbour Dues will be payable at the annual rate for any boat moored on the

    pontoon.