Archived decisions

AT A MEETING of the RIVER HAMBLE HARBOUR BOARD held at the Royal Air Force Yacht Club, Rope Walk, Hamble on Friday 30 May 2008.

PRESENT:

Hampshire County Council

p Councillor J.V. Bryant

p Councillor K. Evans

a Councillor K. House

Independent Members

a Mr. T. Lovell

p Mr. C. Moody

p Dr. S. Tomson

Marine Director

p Mr. D. Evans

Also Present

Captain M. Capon, Designated Person (Port Marine Safety Code), Tony Clatworthy, Harbour Master and Alison Crang, Assistant Harbour Master (Environment).

201. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillor Keith House and

Mr T. Lovell..

202. DECLARATIONS OF INTEREST

All Members who believe they have a personal or prejudicial interest in any matter

to be considered at the meeting must declare that interest and having regard to the

circumstances described in paragraphs 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.

Dr. S. Tomson declared a personal interest as a member of the Royal Southern Yacht Club and as a mooring holder. Mr D. Evans declared a personal interest as a mooring holder and a member of Warsash Sailing Club and the Royal Air Force Yacht Club.

Councillor K. Evans declared an interest due to being on Fareham Borough Council's Planning Committee. Councillor J. V. Bryant declared an interest due to being on Fareham Borough Council.

203. MINUTES

The Minutes of the meeting of the Board held on 4 April 2008 were confirmed as a

correct record and signed by the Chairman.

204. CHAIRMAN'S COMMUNICATIONS

The Chairman congratulated Dr Susie Tomson on the recent birth of her daughter.

205. DEPUTATIONS

There were no deputations received.

206. MINUTES OF THE MEETING OF THE MANAGEMENT COMMITTEE

HELD ON 25 APRIL 2008

To Board considered the Minutes of the River Hamble Harbour Management

Committee held on 25 April 2008 and noted the recommendations made that were

relevant to items on this agenda.

207. HARBOUR MASTER'S REPORT

The Board considered a report of the Director of Recreation and Heritage (Item 7 in

the Minute Book) summarising the activities, incidents and events on the River

since 4 April 2008.

    In connection with paragraph 5, the Harbour Master reported that the Harbour

Authority was actively supporting Warsash Sailing Club with their dinghy racing on

Wednesday evenings. Other River Users are encouraged to use the secondary channel

during the start sequence.

In connection with paragraph 6.2 , the Harbour Master advised that Hampshire

County Council's Highways section had taken full responsibility for the navigation

Lights on the A27 bridge. He was still waiting for the higher intensity light to be

installed at pile C10 and the new light be installed on Bald Head buoy, which will

provide useful assistance to skippers when crossing the main channel of

Southampton Water to enter the River.

    In connection with paragraph 7, the Harbour Master advised that advance bookings

were being requested for the visitor pontoons and that this was causing difficulties

for the Harbour Authority staff.

    The Board considered that it would be a shame not to accept advance bookings where

the number of boats was small and they could just be slotted in on the visitor berths.

The Board noted that the Harbour Master normally accepts visiting yachts on a `first

come first served' basis and would continue to do so, making every effort to

accommodate as many boats as possible (the maximum number will depend on boat

size and the prevailing weather conditions). The problem is with requests to make

advance bookings for a large number of boats which is difficult to administer and to

ensure that the requisite berths are kept free.

    The Marine Director advised that the Visitor Strategy had identified that the Harbour

Authority does not have a statutory requirement to provide berths for visiting yachts,

although they provide a useful source of income.

    The Harbour Master circulated a supplementary report and a copy of the `Get on

board and recycle on the Hamble' leaflet.

    RESOLVED:

    (a) That on occasions and at the Harbour Master's discretion, advanced bookings

may be accepted for small numbers of yachts on the visitors pontoon and the

two Harbour Authority jetties, provided that payment (non-refundable) is made

in advance.

(b) That the report be noted.

208. MARINE DIRECTOR'S CURRENT ISSUES

The Board considered a report of the Director of Recreation and Heritage (Item 8 in

the Minute Book) highlighting current issues relating to the management of the

River Hamble.

              The Marine Director advised that he is currently investigating the longer term

problem of workshop and storage space when the current lease on the former Solent

School of Yachting expires in September 2010

              In connection with the Marine Bill, the Marine Director advised that he had

responded to previous consultations and the Department of Environment Food and

Rural Affairs had addressed the concerns expressed by the Harbour Authority in

previous rounds of consultation. Hampshire County Council would be responding to

the consultation separately.

              The Marine Director reported that the draft Marine Navigation Bill was currently

under consultation and that he proposed to draft a response which he would circulate

to Board and Management Committee members by email for comment.

              Captain Capon advised that he had responded separately with his concerns.

In connection with the trailer parking, the Marine Director advised that some

changes had already been made to the trailer bays in the Passage Lane car park and

trailers were being allowed to park on the grass verges as an experiment.

              RESOLVED:

              That the report be noted.

209. ANNUAL FORUM 2008

The Board considered a 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.

              RESOLVED:

That the appendix to the report be noted.

210. STAKEHOLDER ENGAGEMENT

The Board considered a report of the Director of Recreation and Heritage (Item 10)

on a proposal to establish regular `Meet the Harbour Board' evenings to give the

Chairman and members of the Harbour Board an additional opportunity to ascertain

the views of stakeholders, River users and other interested parties with respect to the

management of the River Hamble.

              The Marine Director advised that sessions with representatives of stakeholders where

they could meet and express views to the Board could be very beneficial and he

would write to all the stakeholders groups asking them to register an interest.

RESOLVED:

              That the River Hamble Harbour Board adopts the establishment of regular `Meet the

Harbour Board' evenings (to take place two or three times per year) to which

representatives of stakeholder groups, River users and other interested parties will be

invited.

211. THE POSSIBLE IMPACT OF GRAVEL EXTRACTION ON THE RIVER

HAMBLE

The Board considered a report of the Director of Recreation and Heritage (Item 11 in

the Minute Book) on the potential impact on the River Hamble and its environs of

proposals for gravel extraction on the site of the former Hamble Airfield.

              The Marine Director advised that a Minerals and Waste Workshop had been held on

Thursday 24 April 2008 attended by Richard Read, Head of Planning and

Development in the Environment Department at Hampshire County Council. The

workshop discussed the potential impacts of local mineral site proposals on the

River and 4 issues of concern were raised; road congestion, dust, surface water run-

off and the impact on local businesses.

The Board recognised that Hampshire County Council needed to consider all options

available and nominate a suitable site because, if they failed to do so, the

Government would make the decision for the County Council. Councillor Evans

considered that the impact on local businesses was an unknown but a reassurance

from Richard Read had suggested that the impact would be minimal. In terms of the

impact on sustainability, Dr Susie Tomson felt that discussions should be held with

marina operators to discuss the potential impact on local businesses and mooring

holders.The Marine Director advised that he would reshape the concerns raised into

speaking notes for the Chairman and incorporate Dr Susie Tomson's comments.

RESOLVED:

              That all the concerns listed in the report should be formally drawn to the attention of

Hampshire County Council on behalf of the Harbour Board.

212. HARBOUR WORKS CONSENT APPLICATION: REPLACEMENT OF

DINGHY PONTOON AND PILES, WARSASH SAILING CLUB

The Board considered a report of the Director of Recreation and Heritage (Item 12 in

the Minute Book) detailing an application for Harbour Works Consent to replace and

enlarge the ageing dinghy pontoon and associated piles at Warsash Sailing Club,

Shore Road, Warsash.

    The Harbour Master advised that the Management Committee at its meeting on

25 April 2008 had considered the application and following a lengthy discussion

favoured the conditions as drafted and set out as recommendations in his report.

Further that the risk could be managed by Warsash Sailing Club and that it should

display an information poster about launching in strong tides or high winds.

    The Board felt that Warsash Sailing Club should take responsibility and manage the

risk and be encouraged to teach sailors about how to launch their boats.

Captain Capon advised that Warsash Sailing Club should manage the risk and it

would be up to the Club how it managed that risk. He considered that it would be

inappropriate for the Harbour Authority to display a sign about potential dangers in

adverse weather conditions. With regard to the condition requiring that all vessels

using the pontoon should display a Harbour Dues sticker he stated that this was to

help ensure that everyone who uses the River has paid Harbour Dues.

    The County Council's Legal Officer suggested the inclusion into the condition of the

following words `have been displayed by a current Harbour Dues sticker' and to

meet with the legal requirements to avoid any confusion. This was agreed by the

Board.

RESOLVED:

That the River Hamble Harbour Board grants 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 as of the report with the following conditions, as

amended.

(a) That 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) 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 sort from the Environmental Agency and Natural England due to strict

timing restrictions.

(c) That no boat or dinghy to be moored or launched from the pontoon unless

Harbour Dues have been paid at the daily rate or annual rate , as indicated by

displaying a current Harbour Dues sticker.

(e) That Warsash Sailing Club own the management of the risk of small boats

launching from the jetty.

(f) 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.

(g) That a safety ladder and appropriate lifesaving equipment should be installed.

213. HARBOUR WORKS CONSENT APPLICATION: BANK STABILISATION

AND FLOOD DEFENCE AT EASTLANDS BOATYARD

The Board considered a report of the Director of Recreation and Heritage (Item 13 in

the Minute Book) detailing an application for Harbour Works Consent to raise the

seaward edge of the car parks and stabilise the bank by the construction of a timber

sleeper retaining wall at Eastlands Boatyard, Coal Park Lane, Swanwick. The Marine

Director advised that a stakeholder had commented that the structure would be better

supported by ground anchors below the car park area.

    RESOLVED:

    That the River Hamble Harbour Board grants Conditional Harbour Works Consent

for the raising of the seaward edge of the car parks and stabilisation of the bank at

Eastlands, as shown on the drawings 8790/7 and 8790/8, 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 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 ensure that 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.

214. HARBOUR WORKS CONSENT APPLICATION:ADDITIONAL PONTOON

AND BERTHING AT EASTLANDS BOATYARD

The Board considered a report of the Director of Recreation and Heritage (Item 14 in

the Minute Book) detailing an 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 Board noted that the applicant s had been given the opportunity to supply further

information but this had not been forthcoming.

Mr C Moody wished it to be recorded that he had abstained from voting.

    RESOLVED:

    That the River Hamble Harbour Board refuses the application for Conditional

Harbour Works Consent for the additional pontoon and berthing at Eastlands

Boatyard on the grounds that the applicant has failed to adequately assess the impacts

of the proposal on the environment.

215. HARBOUR WORKS CONSENT APPLICATION: MYRTLE COTTAGE

PONTOON AND ACCESS BRIDGE

The Board considered a report of the Director of Recreation and Heritage (Item 15 in

the Minute Book) detailing an 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.

RESOLVED:

    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 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.

216. DEPUTATION PROCEDURE

The Board considered a report of the Chief Executive (Item 16 in the Minute Book)

on the application of the County Council's deputation procedure to meetings of the

River Hamble Harbour Board and whether the variations which apply to the

Regulatory Committee should also apply to the Board.

    RESOLVED:

    That the Harbour Board adopts a variation to the County Council's deputation

procedure to reflect the role of the Board when dealing with applications for

statutory consents to works in the Harbour or other relevant issues.

217. ITEMS FOR FUTURE MEETINGS

The Board considered a report of the Director of Recreation and Heritage (Item 17 in

the Minute Book) setting out the key issues which it is anticipated will appear on the

Harbour Board agenda in the forthcoming months. The following item was added:

    Update on planning application for Pink Mead Cottage

    RESOLVED:

    That the report be noted.

218. EXCLUSION OF THE PRESS AND PUBLIC

That the public be excluded from the remainder of the meeting as it is likely, in view

of the nature of the business to be transacted or the nature of the proceedings, that if

members of the public were present during Item 19 there would be disclosure to

them of exempt information within Paragraphs 1 and 7 of Part 1 of Schedule 12A of

the Local Government Act 1972, and further that in all circumstances, the public

interest in maintaining the exemption outweighs the public interest in disclosing the

information relating to an individual for the reasons set out in the report at Item 19.

219. ALLEGED SPEEDING OFFENCE (EXEMPT)

The Board considered an exempt report of the Director of Recreation and Heritage

(Item 19 in the Minute Book) following an incident of alleged speeding.

    RESOLVED:

    That the Harbour Board agrees to the following action:

    (a) That the offender be prosecuted.

    (b) That delegated authority be given to the Harbour Master to take any necessary

action in future cases.

    (c) That Captain M. Capon proceed with the case.