Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report :

1) Summary of Decision Area:

1.1 This report details the application for Harbour Works Consent for a proposed pontoon with access bridge to be installed adjacent to Land's End House, a dwelling on the western bank of the River Hamble at Land's End, Bursledon. The installation of the proposed development requires Harbour Authority Works Consent.

2) Recommendations:

2.1 That the River Hamble Harbour Board grants conditional Harbour Works Consent for the installation of a mooring pontoon at Land's End House, Bursledon, as shown on the drawing 8937/1 to 4 (which are 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 the commencement of the works.

b) The agreed environmental compensation (see paragraph 6.3) must be completed prior to the installation of the pontoon and must be undertaken and paid for by the applicant. The methodology must prevent short term negative impact to the Site of Importance for Nature Conservation.

c) No works are to occur within the waterfowl over-wintering period 1^st October to 31^st March inclusive as per advice from Natural England.

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

e) The pontoon is to be no larger than 6.1 x 2.5 metres and the seaward edge is to be located no further out than shown on the drawing.

f) A valid Harbour Dues sticker is to be displayed by any boat moored on the pontoon.

3) Proposals:

3.1 The proposal is to install a floating mooring pontoon at Lands End House, Land's End, Bursledon (OS Nat Grid 449159, 109280). The pontoon is intended for berthing of a single vessel. The pontoon will be restrained by tubular steel piles and connected to the shore via an aluminium bridge as shown on drawings 8937/1 to 8397/4. This is similar to those recently permitted at Parsons Plot and Myrtle Cottage on Land's End Road.

3.2 The pontoon will be of steel construction and measure 6.1m x 2.5m. It will be located inline with the two pontoons immediately upstream, placing the seaward edge approximately 6 metres to landward of the mean low water mark.

3.3 The work will be conducted from floating plant using a vibro-hammer for piling operations. The installation will take no more than 3 days, with the piling taking only 1 day. All materials will be delivered by sea.

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 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 Lands End House.

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 16th June 2008 which entailed the following actions:

a. Details of the application were entered on the Harbour Authority website.

b. Written notification of the proposed development was sent to all Members of the River Hamble Harbour Management Committee and River Hamble Harbour Board.

c. An email was 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. No one made an inspection.

d. Detailed liaison was undertaken with the Environment Agency, Natural England and Eastleigh 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 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 will be located 6 metres to landward of (ie outside) the boundary of the Solent Maritime SAC, which is marked by the mean low water mark. Natural England have stated that the works must take place outside the over-wintering bird season of 1^st October to 31^st March inclusive. 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 floats from the eastern bank of the river just downstream of the railway bridge, which will enable the restoration of natural intertidal habitat. This compensation is in conjunction with that accepted for the pontoon at nearby Myrtle Cottage, and together will result in complete removal of the concrete floats from that location. This work will be undertaken and paid for by the applicant prior to construction of the pontoon. This is a Site of Importance for Nature Conservation and the methodology for the removal of the floats must prevent short term negative impacts i.e. using large tyres on the quad bike to minimise ground pressure from tracking.

6.4 Downstream of the proposed pontoon lies the public Land's End maintenance piles which allow vessels to dry out for maintenance to be carried out on the hulls. Vessels normally moor to the downstream side of the maintenance piles which would be on the opposite side, away from the proposed pontoon. It would be prudent to allow at least a 5 metre gap between the piles and any vessel moored to the proposed pontoon.

6.5 Navigational safety is not affected by the proposed development

CORPORATE OR LEGAL INFORMATION:

Impact Assessment

This report has no direct impact of the services or facilities of the Harbour Authority, therefore no impact assessment has been completed