Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

1. Executive Summary

1.1. This report details the application for Harbour Works Consent to construct an extension to the revetment at Deacons Boatyard, Bursledon Bridge, Southampton SO31 8AZ.

2. Contextual information

2.1. Project description:

See drawing numbers C09046/A2/001 Rev B and C09046/A2/002 Rev B (attached as Annex A). NB. The scale of the plan relates to reading at paper size A2. For the purposes of this report the plans have been reduced to A3 therefore are not to scale. A2 plans are available at the Harbour Office.

The proposed works comprise of:

· extension of the current gabion basket retaining structure (which was given harbour works consent on 27 April 2001) along the top of the river bank. Under the current permission the gabion baskets extend from the crane jetty downstream to a point 5m short of Pontoon B. This proposal looks to further extend the gabion baskets from Pontoon B downstream to Pontoon C.

· fix an additional 500mm in height to the whole length of the gabion retaining basket, from the crane jetty to the boundary with Elephant Boatyard. This will allow an increase of the ground raising height to a level of 5.500m ACD, subsequently the site will be able to remain open for business and not suffer closure due to flooding during Spring High Tides and certain bad weather conditions which create High Tide surges. The work is forecast take 4-5 weeks, commencing at the end of Autumn 2009.

2.2. Harbour Authority's Responsibilities

2.2.1 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 Deacons Boatyard.

2.2.2 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 Directive 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.

2.2.3 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).

2.2.4 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.

2.2.5 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.

2.2.6 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.

2.2.7 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.

2.3. Consultation

On receipt of the application a consultation exercise was commenced on 26 June 2009 which entailed the following actions:

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

b. Notification to all Members of the River Hamble Harbour Management Committee and River Hamble Harbour Board of the proposed development.

c. Email 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 requested to inspect the plans.

d. Liaison with the Environment Agency, Natural England and Eastleigh Borough Council regarding the environmental impacts of the proposal. Environmental considerations discussed through consultation with the environmental authorities have been summarised within section 6 `Harbour Master's Comments'.

e. Following the completion of the consultation exercise no communications were received from members of the public or local stakeholder groups.

2.4. Harbour Master's Comments

2.4.1 It is understood that this proposal does not constitute a `relevant project' under the Marine Works (Environmental Impact Assessment) Regulations 2007 and therefore a statutory environmental impact assessment is not required.

2.4.2 The proposed development does not lie within any of the estuary's sites designated for nature conservation. Natural England have made an assessment and given advice under the Conservation (Natural habitats & c.) Regulations 1994 & S28I of the Wildlife & Countryside Act 19981 (as amended by the Countryside & Rights of Way Act 2000) and confirmed that this proposal, in it's current form, is unlikely to have a significant effect on the interest features of these sites.

2.4.3 Consultation has been undertaken with the Environment Agency, Natural England and Eastleigh Borough Council to ensure full awareness of the environmental implications of this scheme. These authorities have all confirmed that they have no concerns to raise with regards to the granting of Harbour Works Consent.

2.4.4 The applicant has applied to the Environment Agency, Eastleigh Borough Council and the Marine & Fisheries Agency for other licenses relevant to this proposal. The Harbour Authority has been consulted by these authorities in the process of determining their approvals. Through the granting of their own permissions, the above named other authorities will be conditioning aspects of the work relating to pollution prevention, noise minimisation and flood risk management.

2.4.5 There is no impact on navigational safety or ease of navigation on the River, and the works do not encroach into the River.

2.4.6 There is no increase to the number of moorings.

3. Recommendation

3.1 It is recommended 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).

CORPORATE OR LEGAL INFORMATION:

Links to the Corporate Strategy