Archived decisions

    AT A MEETING of the RIVER HAMBLE HARBOUR BOARD held at Warsash Sailing Club, Shore Road, Warsash on Friday 18 September 2009.

    PRESENT

    Hampshire County Council

    Councillors:

    p K. Evans (Chairman)

    p G. Hockley

    p K. House

    Independent Members

    p T. Lovell

    p C. Moody

    p Dr S. Tomson

    Marine Director

    p D. Evans

    Also present:

    Councillor S.D.T. Woodward - Chairman of the River Hamble Harbour

    Management Committee

    Capt. M. Capon - Managing Director, Marine Enforcement

    Tony Clatworthy - Harbour Master

    Alison Fowler - Assistant Harbour Master (Environment)

    13. APOLOGIES FOR ABSENCE

    There were no apologies from members, but apologies were

    submitted on behalf of John Tickle (Head of Countryside).

    14. DECLARATIONS OF INTEREST

      Members were mindful that, where they believed they

    had a personal or personal prejudicial interest in any

      matter to be considered at the meeting, they should

      normally at the time of the debate declare their 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 was discussed save for

    exercising any right to speak in accordance with

      Paragraph 12 of the Code.

      Dr S Tomson, Mr T Lovell and Mr D Evans declared personal interests by reason of their being River Hamble Mooring or berth holders on the River. Dr S Tomson declared a personal interest as a member of the Royal Southern Yacht Club. Mr. D Evans declared a personal interest as a member of Warsash Sailing Club and the Royal Air Force Yacht Club.

    15. MINUTES

    The Minutes of the meeting of the Board held on 17 July 2009

    were confirmed as a correct record and signed by the Chairman.

      Arising thereon:

      Minute 10 - River Hamble Final Accounts 2008/09 and Harbour Dues Policy 2010

      The County Treasurer advised that the transfer of £50,000 was from the Revenue Reserve to the Asset Enhancement Reserve and the minute was amended accordingly.

      Minute 12 - Future Management of Harbour Authority Patrol Boats

      Mr D. Evans advised that an order would be placed for two new patrol boats shortly, for delivery next year.

    16. CHAIRMAN'S ANNOUNCEMENTS

    The Chairman welcomed Dr Susie Tomson back onto the

    Board. Mr D. Evans advised that the County Council at its meeting

    on 17 September had approved Dr Tomson's appointment to the

    River Hamble Harbour Board.

    17. DEPUTATIONS

      Mr M Sterne, Secretary of Warsash Sailing Club made a deputation in respect of Item 6.

    18. TO CONSIDER AND AGREE PROPOSED TERMS OF

    REFERENCE, COMPOSITION OF MEMBERSHIP AND HOW

    MEMBERS WILL BE INVITED FOR A COMMITTEE TO EXAMINE

    ASPECTS OF THE HARBOUR ADMINISTRATION, ACTIVITIES

    AND FEES

    The Board considered Terms of Reference for a Select Committee

    proposed by Councillor Woodward, Chairman of the River Hamble

    Harbour Management Committee.

    The Chairman introduced the item and reminded Members of the

    background to the report relating to Warsash Sailing Club's

    statutory objection, several Freedom of Information requests

    relating to both to financial and operational matters, as well as

    Mr Sterne's objection (now withdrawn) to the County Council's

    accounts for 2007/08.

    Councillor Woodward advised the Board that he was concerned

    about the costs of the Public Inquiry into the statutory objection

    scheduled for late October coupled with the cost of the ever

    increasing Freedom of Information requests received by the

    Harbour Authority from Warsash Sailing Club. He felt that an

    appropriate way of addressing the concerns relating to the statutory

    objection and other general issues concerning the use of the River,

    without incurring substantial costs, was the formation of a Select

    Committee. However, he felt this could only work if the statutory

    objection was withdrawn. He proposed the following membership of

    the Select Committee:

    Councillor Seán Woodward - Hampshire County Council

    Councillor Trevor Cartwright - Fareham Borough Council

    Councillor Susan Ingram - Eastleigh Borough Council

    Mr Michael Sterne, Mr David Jobson and Mr Colin Brookes -

    representing the River users

    Mr Rupert Boissier and Mr Jon Eads - representing the River

    Businesses

    Mr Bob Russell - representing the Royal Yachting Association

    Mr Michael Sterne made a deputation in respect of this item.

    In debate on the item, Mr Moody advised that he was not in favour

    of the proposal as he did not feel that it was the right choice for the

    Board Members. Councillor House felt that it was in everyone's

    best interests to take a more open approach and trust the process

    to work, it would be a challenge for the Board and Warsash Sailing

    Club to discuss the content but the process should be open. Mr

    Lovell considered the governance of the River was already

    established and that proceeding to a Public Inquiry would provide

    the opportunity for the Planning Inspector to take a broad view and

    resolve. Dr Susie Tomson agreed with Mr Moody and felt that the

    issue should be resolved through the Inquiry process. Although she

    liked the idea of a Select Committee she felt the membership was

    not a cross section of River users, heavily weighted towards the

    Sailing Club and suggested that a Member of the Board be added

    to the Committee. She had concerns as to whether it would be an

    independent Committee. Councillor Hockley felt that the setting up

    of a Select Committee would allow the opportunity for many

    outstanding issues to be resolved.

    Councillor Woodward stated that he understood Members'

    concerns. He confirmed that Mr Sterne had already withdrawn his

    objection to the accounts and indicated that Warsash Sailing Club

    would be willing to withdraw its statutory objection to harbour dues

    if the proposal for a Select Committee should be agreed. Members

    voted on the proposal and were 3 in favour and 3 against. The

    Chairman therefore had the casting vote and voted in favour of the

    Select Committee.

    RESOLVED that the Terms of Reference as set out as Appendix A

    to these minutes be approved.

    19. HARBOUR MASTER'S REPORT

    The Harbour Master presented a report summarising the

    activities and events in the Harbour since 19 July 2009 (Item 7

    in the Minute Book). The Harbour Master circulated a

    supplementary report giving an update on more recent

    occurrences (Item 7 (x) in the Minute Book.

    The Harbour Master advised that the help and support

    received from the Police Community Support Officers had

    been excellent. The Marine Director added that the number of

    reported incidents had been significant giving him cause for

    concern. The Marine Police Unit had responsibility for marine

    based crime until about 9 months ago but were now tasked to

    different areas. The local land Police were assisting and it had

    been agreed with them that all occurrences of theft reported to the

    Harbour Office would be reported to the Police.

    RESOLVED:

      That the report be noted

    20. HARBOUR WORKS CONSENT - DEACONS BOATYARD

    The Board considered the report of the Director of Culture,

    Communities and Rural Affairs (Item 8 in the Minute Book) on the

    proposed construction of the revetment at Deacons Boatyard,

    Bursledon Bridge, Southampton. It was reported that the proposed

    harbour works consent would enable the existing gabion baskets

    design to be extended further along the yard's river frontage, it was

    outside the European designated nature conservation site, and

    there were no environmental or navigation risks associated with the

    works. The proposal was brought to the Streamlined Consents

    meeting in May 2009 for pre application advice and as a result all

    issues had been addressed. No objections had been received and

    there were no conditions attached to the consent.

      RESOLVED:

      That the River Hamble Harbour Board grants Harbour Works Consent for the proposed development as shown on drawing numbers C09046/A2/001 Rev B and C09046/A2/002 Rev B (attached as Annex A to the report)

    21. ITEMS FOR FUTURE MEETINGS

    The Board considered the report of the Director Culture, Communities

    and Rural Affairs (Item 9 in the Minute Book) and endorsed the topics

    anticipated in the future. A report on the Use of Resources was

    requested and agreed.

    22. ANY OTHER BUSINESS - PORT MARINE SAFETY CODE AND THE

    GUIDE TO GOOD PRACTICE

    Capt M. Capon asked to provide a brief summary on the Port

    Marine Safety Code which had recently been reviewed and

    re-launched by the Department of Transport and was now available

    on their website. He advised that it was a far better document as

    the Code is more focused and compact and the Guide provides

    more guidance and examples. He advised that The River

    Hamble Harbour Authority met the requirements of the new Code

    and he would conduct the next audit against the requirements of

    the new Code and discuss with the Harbour Master and Marine

    Director the need to publish a safety plan.

    He warned of the risks of selective quotes:

    a. The Code is primarily intended for the "duty holder" - for most

    Harbour Authorities this means members of the Harbour

    Board, both individually and collectively - who are directly

    accountable for marine safety in harbour waters. All Board

    Members are therefore, urged to familiarise themselves with

    the updated Code and review its implications on local port

    operations.

    b. Harbour Authorities must be aware of their existing powers and

    duties: appoint someone as an independent `designated

    person' with direct access to the Board; develop an effective

    marine safety management system, which employs formal risk

    assessment techniques; employ people who are competent

    and qualified for the positions they hold; and publish a

    comprehensive safety plan, along with regular assessment

    showing the Authority's performance against the plan.

    c. The role of the duty holder includes: maintaining strategic

    oversight and direction of all aspect s of the harbour operation,

    including marine safety' responsibility for the development of

    policies, plans, systems and procedures for safe navigation;

    ensuring that assessments and reviews are undertaken as

    required, to maintain and improve marine safety; ensuring that

    the Harbour Authority seeks and adopts appropriate powers for

    the effective enforcement of their regulations and for setting

    dues at a level which adequately funds the discharge of all

    their duties.

    d. To demonstrate the Authority's commitment to maritime safety

    and ensure the involvement of harbour users, a safety plan for

    marine operations should be published at least once every

    three years.

    e. Harbour Authorities have powers to collect dues from users

    and should raise enough to provide resources to enable them

    to pay for the discharge of their statutory functions. The level

    of dues should be properly accounted for and brought to the

    notice of those persons likely to be interested. There should

    be no presumption that dues levied on a specific group or type

    user should be exclusively reinvested in improving services

    and facilities on offer to that user.