Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

1. Executive Summary

1.1. This report details the application for Harbour Works Consent to undertake a capital dredge of the area around the Warsash Maritime Academy Jetty during the Winter 2009/2010 period.

2. Contextual information

2.1. Project description

The pontoon at Warsash Maritime Academy is a key facility for undertaking student training. The sub-tidal area around the pontoon has reduced in depth to a level that now impedes operation. To continue operational viability of the facility the applicant is seeking Harbour Works Consent to undertake a capital dredge 10m to the East, 5m north and 5 m west of the pontoon and to a depth of -1.5m Chart Datum with a maximum volume of 500 cubic metres.

See drawing attached as Annex A (for inclusion in this report the reproduced plans are not to scale. Original electronic plans are available at the Harbour Office).

The method statement supplied with the application is at Annex B. The dredge will be undertaken using the backhoe dredging method.

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 Warsash Maritime Academy.

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 15 September 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 proposal. 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 Hampshire County Council's Archaeologist & Hants & Wight Trust for Maritime Archaeology regarding the environmental impacts of the proposal. Environmental considerations discussed through consultation with these authorities have been summarised within section 2.4 `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 lies within the Solent Maritime Special Area of Conservation (SAC), and in a sub-tidal area highlighted for archaeological sensitivity. 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 its current form and with the use of the backhoe dredging method, is unlikely to have a significant effect on the interest features of the SAC. The Environment Agency have also requested that the backhoe method be used (as this method results in a reduced impact on water quality thereby reducing the impact fish) and that no overspill takes place, either during the dredging or when the barge is underway leaving the Hamble for the disposal site. The Hants & Wight trust for Maritime Archaeology and the HCC Archaeologist have highlighted that a capital dredge in this area has potential to impact on archaeology and/or palaeoenvironmental deposits.

2.4.3. No other concerns have been raised with regards to the granting of Harbour Works Consent.

2.4.4 The applicant has applied to the Marine & Fisheries Agency (MFA) for other licenses relevant to this proposal. The Harbour Authority will be consulted by the MFA in the process of determining these approvals. Through the granting of their own permission, the MFA will be conditioning aspects of the work relating to pollution prevention and noise minimisation, as well as potential archaeological impacts as highlighted by their statutory consultation with English Heritage.

2.4.5 Apart from the presence in the River of the dredger and barge, there is no anticipated impact on navigational safety or ease of navigation. Planned dates and duration of the dredging works will be promulgated by Notice to River Users and barge movements will be notified on VHF channel 68.

2.4.6 These works have no impact on the number of moorings in the harbour.

3. Recommendation

3.1. It is recommended that the River Hamble Harbour Management Committee advises the Harbour Board to grant conditional Harbour Works Consent for the proposed dredge with the following conditions:

· Dredging to be undertaken using the backhoe dredging method and that there is no overspill.

· Timing of the dredge to be carried out between November and March in order to avoid the salmonid migration window.

· No sediment to be deposited within the Hamble.

· Post dredge data to be supplied to the Harbour Authority on request if appropriate for inclusion in the River Hamble Dredging Plan

CORPORATE OR LEGAL INFORMATION:

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