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.