Archived decisions

Contact: David Evans tel 01489 576387 email: [email protected]

1. Summary

1.1 This report proposes a consultation process designed to ascertain the views of stakeholders, River users and other interested parties on the proposed Harbour Works Consent policies for the River Hamble.

2. Recommendation

2.1 It is recommended that the Management Committee authorises the circulation of the consultation document at Appendix 1 to the consultees listed at Appendix 2.

3. Background

3.1 At its meeting on 4 January 2008, the Management Committee was asked to consider a draft set of proposed Harbour Authority Works Consent Policies. The Committee agreed to establish a working group to consider how best to consult stakeholders on these policies prior to making any recommendations to the Harbour Board. For a variety of reasons, the working group has not managed to meet. In order to take this matter forward, this report proposes a consultation process for consideration by the Management Committee. The draft consultation document is at Appendix 1. A list of proposed consultees is at Appendix 2.

4. Impact Assessments

4.1 The content of this report does not affect the services offered by the River

Hamble Harbour Authority and has not been subject to an Equalities Impact

Assessment.

5. Conclusion

5.1 It is important that a wide-ranging stakeholder consultation takes place before

the Management Committee makes recommendations to the Harbour Board about the proposed Works Consent Policies. This report sets out a draft consultation package and recommends that the Management Committee should authorise Harbour Authority staff to undertake the consultation.

APPENDIX 1

River Hamble Harbour Authority - Works Consent policies

Introduction

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The Southampton Harbour Act 1949 states that any proposed works in the River Hamble require Harbour Authority consent before the works can be carried out. The River Hamble Harbour Board, as the executive decision-making body for the River Hamble Harbour Authority, requires a set of clear, unambiguous policies to guide their decision-making on works consent applications.

The adoption of formal Harbour Authority works consent policies will bring the Harbour Authority into line with Local Planning Authority procedures for determining planning issues against a set of agreed planning policies. This procedure reduces the scope for misunderstanding - if an application is in line with agreed policies it will be approved; if not, approval will be with-held.

We would like to know what you think. A draft set of Harbour Authority works consent policies is set out below, together with a series of questions. You are invited to answer as many or as few as you wish. Please return your response to the Harbour Office by Monday 1st September 2008.

River Hamble Harbour Authority

Policies for determining works consent applications

When considering applications for Harbour Authority works consent, the Harbour Board will be guided by the following policies:

1. Safety of navigation - where new hazards have been identified, works will only be consented if the associated risks can be adequately mitigated by appropriate control measures, such that the risks are kept as low as reasonably practicable (as required by the Port Marine Safety Code). However, if the level of risk remains intolerable even when such control measures would reduce the risk to as low as reasonably practical, works consent will be withheld on safety of navigation grounds.

Q1. Does this proposed policy adequately capture the requirement to ensure the safety of navigation in the River?

Q2. Could the wording be improved? If so, how?

2. Ease of navigation - works will not be permitted where they are judged to have an unacceptable impact on ease of navigation. The term `ease of navigation' refers to the navigation of all types of vessel. Where all types of vessel likely to be affected by the works have access to suitable alternative routes or practices, and where it can be adequately demonstrated that use of similar routes or practices elsewhere in the River poses no problems, the impact of proposed works on ease of navigation alone will not be sufficient grounds to withhold consent.

Q3. Does this proposed policy adequately capture the requirement to ensure ease of navigation for all types of vessel?

Q4. Could the wording be improved? If so, how?

3. Environmental protection - the Harbour Authority has a duty to protect the natural environment. Works consent will not be granted if the proposed works would have an adverse impact on the designated sites. Proposed works should, wherever practicable, incorporate means of improving environmental quality.

Q5. Does this proposed policy adequately capture the statutory requirement to protect the environment of the River?

Q6. Could the wording be improved? If so, how?

4. Flood risk - consent for proposed works will not be granted until full consideration has been given to the possible implications of the works on flood risks throughout the River. The Environment Agency will request and analyse flood risk assessments where a development requires one.

Q7. Does this proposed policy adequately capture the need to consider the flood risks associated with development on the River?

Q8. Could the wording be improved? If so, how?

5. Water quality - works consent will not be granted where it can be shown that the proposed development would have an adverse effect on water quality.

Q9. Does this proposed policy adequately capture the need to protect the water quality of the River?

Q10. Could the wording be improved? If so, how?

6. Conserving the harbour - the Harbour Authority has a duty to conserve the harbour and avoid any detrimental effect on the regime (flow rates, hydrology, erosion, scouring and sedimentation) of the River. Proposed works will not be permitted until it can be adequately demonstrated that the works will not have an adverse impact on the regime of the River.

Q11. Does this proposed policy adequately reflect the need to conserve the harbour?

Q12. Could the wording be improved? If so, how?

7. Dredging - capital dredging will not be permitted, unless it can be adequately demonstrated that there would be no adverse effects on the designated sites and sediment regime of the River.

Q13. Does this proposed policy adequately capture the need to carefully control capital dredging?

Q14. Could the wording be improved? If so, how?

8. Commercial activity - the Harbour Authority aims to support the development and viability of marine industries on the River, within the bounds of the statutory Local Development Plans, Local Development Frameworks, environmental legislation and these policies.

Q15. Does this proposed policy adequately deal with the importance of supporting commercial activity on the River?

Q16. Could the wording be improved? If so, how?

9. Structures - where physically connected to the land, new jetties, slipways, pontoons, landing stages, steps, walkways, bridges and catwalks, or extensions to such structures, will not be permitted except where they lie within existing boatyards or marinas, or within built up areas of the River frontage.

Q17. Does this proposed policy adequately capture the need to constrain physical structures to within existing developed areas?

Q18. Could the wording be improved? If so, how?

10. Moorings - there will be no new permanent moorings allowed in designated Mooring Restriction Areas, including the Upper Hamble and Cur. The provision of a wide range of mooring types (walk-ashore, mid-stream pontoons, piles and buoys), sector (marinas, boatyards and mid-stream) and prices will be encouraged.

Q19. Does this proposed policy adequately reflect existing moorings policies? Are these still valid?

Q20. Could the wording be improved? If so, how?

11. Dinghy sailing - works consent will not be granted where the works would impinge on existing safe areas for dinghy sailing.

Q21. Does this proposed policy adequately protect existing dinghy sailing areas on the River?

Q22. Could the wording be improved? If so, how?

12. Houseboats - there will be no additional houseboats allowed on the River, although existing houseboats may be repaired or replaced like-for-like with vessels of similar size and visual impact. Every opportunity should be taken to encourage houseboat owners to reduce sewage and grey water output into the River.

Q23. Does this proposed policy adequately reflect the need to control houseboat development on the River?

Q24. Could the wording be improved? If so, how?

13. Fisheries - fisheries on the River that are authorised by the Southern Sea Fisheries Committee will be controlled and licensed by the Harbour Authority in order to ensure that they do not have an adverse impact on navigational safety.

Q25. Does this proposed policy adequately capture the need to ensure that fishing activity does not have an adverse impact on navigational safety?

Q26. Could the wording be improved? If so, how?

14. Archaeology - consent for proposed works will not be granted until the effects on any known or potential archaeological resource have been fully assessed.

Q27. Does this proposed policy adequately capture the requirement to protect archaeology of the River?

Q28. Could the wording be improved? If so, how?

Q29. Do you see the need for any additional policies? If so, what should they cover?

Q30. Finally, it is intended that these policies will supersede the current `Strategic Principles to Guide Development on the River Hamble'. Can you see any reason why this should not be the case?

APPENDIX 2

Proposed list of consultees:

All Harbour Board and Management Committee members

The Crown Estate

All River Hamble marinas and boatyards

All other riparian land owners

Environment Agency

Natural England

Defra (Marine and Fisheries Agency)

Designated Person (Marine Enforcement Ltd)

Chairman, Hamble Estuary Partnership

Solent Protection Society

All River Hamble yacht and sailing clubs

River Hamble Mooring Holders Association

River Hamble Berth Holders Association

Association of River Hamble Yacht Clubs

Associated British Ports (Southampton)

Royal Yachting Association

British Marine Federation

The Yacht Harbours Association

Royal Society for the Protection of Birds

Hamble River Boatyard and Marina Operators' Association

Hampshire and IOW Trust for Maritime Archaeology

Hamble, Hound, Bursledon, Curdridge and Botley Parish Councils

Warsash and Sarisbury Residents Association

Eastleigh and Fareham Borough Councils

Winchester City Council

Trinity House

UK Hydrographic Office

Warsash Maritime Academy

Commercial fishermen

Upper Hamble Canoe Club

National federation of Sea Anglers (Wessex Division)

Ramblers Association

Hamble-Warsash Ferry/River Taxi

Blue Star Boats

Other commercial mooring operators

Local Charities (Sea Cadets, Sea Scouts, YMCA)

Consultants (eg Marina Projects Ltd, Lymington Technical Services, Evans Grant)

Sailing and motor boat training establishments based on the River