BHH – Bursledon, Hamble and Hound Local Area Committee .

Application Number:

F/17/80845

Case Officer: Clare MartinReceived Date: Wednesday 14 June 2017Site Address: DEACONS BOATYARD, BRIDGE ROAD, BURSLEDON,

SOUTHAMPTON, SO31 8AZApplicant:Proposal: Reconfiguration of A,B & C pontoons and installation of

public access pontoonRecommendation: Permit

CONDITIONS AND REASONS

The development hereby permitted shall be implemented in accordance with the following plans numbered: 10479/7A, 10479/8, 10479/9, Reason: For the avoidance of doubt and in the interests of proper planning.

The development hereby permitted shall start no later than three years from the date of this decision.Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

The materials to be used must match as closely as possible, in type, colour and texture those listed in section 9 of the application form.Reason: To ensure a satisfactory visual relationship of the new development to the existing.

No development shall commence until a construction environmental management plan has been submitted to and approved in writing by the Local Planning Authority. The document shall cover pollution control measures, timing of works, storage and disposal of materials and details of external materials. In accordance with the Environment Agency guidelines, all reasonable precautions must be undertaken to ensure no pollutants enter the water-course and any coatings/treatments on the materials used must be suitable for use in the marine environment. Reason: To avoid contamination of the inter tidal environment.

5 No development shall commence until a piling method statement has been submitted and approved in writing by the Local Planning Authority. The development shall use vibro piling method and soft start percussive piling methods should only be undertaken in order to drive a pile to its design depth. All pilling works shall only take place between 1st November and 15th March. The piling method statement shall set out the planned daily times for the piling operation, the plant to be used, the noise and vibration mitigation measures to be incorporated and estimate the likely impact on neighbouring uses.  Piling work shall only be carried out in accordance with the approved method statement. Reason: To protect the amenity of nearby residents. 

No construction, demolition or deliveries to the site shall take place during the construction period except between the hours of 0800 to 1800 Mondays to Fridays or 0900 to 1300 on Saturdays and not at all on Sundays or Bank Holidays. Reason: To protect the amenities of the occupiers of nearby dwellings.

Before the proposed development is used by boats the public tender access pontoon shall be installed and brought into use and thereafter kept available for public use. Reason: To enhance access to the river for recreational purposes.

All equipment and debris associated with the works should be removed from the area upon completion of the works and the area returned to its previous condition, Reason: To minimise environmental impacts on marine habitats and species.

9 No rafting of vessels on the hammerhead berths and no vessels with a maximum beam of more than 4.5 metres to be berthed on the hammerhead. Reason: To retain the width of the main channel.

Note to Applicant: In accordance with paragraphs 186 and 187 of the National Planning Policy Framework, Eastleigh Borough Council takes a positive approach to the handling of development proposals so as to achieve, whenever possible, a positive outcome and to ensure all proposals are dealt with in a timely manner.

Report:

This application has been referred to Committee by Cllr Craig, Cllr Rich and Cllr Van Niekerk.

Background and Description of Proposal

1. The marina berths were dredged and redeveloped in 2013 following a series of planning applications. The original planning application consisted of all five finger pontoons extending out to the Y line piles and was approved by the River Hamble Harbour Authority and Marine Management Organisation. However, the application was subsequently turned down by the local planning authority due to a loss of open recreational space and on navigational safety grounds.

2. Following the refusal, a compromise solution was reached whereby pontoons D & E went ahead as planned, but pontoons A, B & C were shortened and a long mid-stream pontoon added along the Y Line. This allowed an access channel to be retained through Deacons marina, next to the main river channel between the ends of A, B & C pontoons and the Y line pontoon.

3. The compromise solution has now been trialled by Deacons Boatyard for a number of years. In this time there has been very few small craft using the

access channel, with most preferring to use the access route on the far side of the river. The applicant now wishes to extend finger pontoons A, B & C back to their original position, so that they match the size of the D & E pontoons. The proposal will involve the removal of the mid stream Y line pontoon and subsequent access channel.

4. The proposal has been resubmitted as the finger pontoons layout will provide easier access for berth holders, both to their boats and to the main river channel. The proposal is not intended to create extra berths at Deacons Marina and will not affect the width of the main river channel.

5. As part of the proposal the applicant also intends to add a floating pontoon to the existing slipway on the northern edge of Deacon’s Boatyard. This will upgrade the public facility used for launching small crafts and tenders on the Upper Hamble River.

6. The application is accompanied by the following information: A planning statement by the agent Dr P Tosswell, dated May 2017. The

statement explains the background to the proposal and addresses the planning issues.

The Deacons Boatyard Risk Assessment commissioned by the River Hamble Harbour Authority to determine the Harbour Works Application in 2011. The Author, Mark Capon, is the designated person for the River Hamble Harbour Authority. His primary role is to provide independent assurance to the River Hamble Harbour Authority that the marine safety management system is working effectively and continues to comply with the Port Marine Safety Code.

Site Characteristics and Character of Locality

7. The site is part of Deacons boat yard, which is a long established medium sized marina and boatyard. The marina is on the western edge of the River Hamble just downstream of Bursledon Bridge (A27) and railway embankment.

8. Deacons boatyard is one of three marinas near the top of the River Hamble, with only smaller craft and motor boats being able to travel further upstream under the railway embankment. On the opposite side of the river is the Swanwick marina, which is the largest of the marinas and falls within the administrative area of Fareham BC. Directly downstream is the Elephant marina. All of the marinas are set up in a finger pontoon layout with most berths being directly accessed from the shore.

Relevant Planning History

C/11/68360 - Addition of new pontoons with tubular steel piles, following removal of existing pontoons. Withdrawn April 2011.

C/11/69996 - Reconfiguration of pontoon with new access pontoons, security gates and tubular steel piles following removal of existing pontoons & mud berth. Refused February 2012.

C/12/70780 - Reconfiguration of pontoons with new access pontoons, security gates & tubular steel piles, following removal of existing pontoons & mud berths (amended layout). Permitted June 2012

Representations Received

9. Four third party representations have been received in relation to the planning application. The first representation commented on the planning process. The other three representations objected to the proposal and these included the objections from the River Hamble Mooring Holders Association and The Old Bursledon Action Group. The objections are summarised below:

The proposal would lead to the loss of the access channel through Deacons Marina, which allows an escape channel for boats getting into difficulties whilst travelling under Bursledon Bridge on an ebb tide. The tidal flow is particularly strong at this point as Bursledon Bridge narrows the river.

The proposal would enclose a section of publically accessible open river, which gives small craft greater flexibility of movement in the area.

There has been an increase in the number of small craft and motorboats on the river and not all of these will use the eastern access channel, which is not very wide and is shallow at certain times.

The proposed public pontoon, next to the M27 road bridge, would block the public hard.

The same application was refused by Local Area Committee in 2012 and should be refused again.

The letters go into the history of Deacons boatyard. They also refer to the appeal decision at Hamble Yacht Services.

Consultation Responses

River Hamble Harbour Master

10.The River Hamble Harbour Authority has no comment on this proposal other than to say that it stands by the Harbour Works’ Consent (and conditions set within that consent) granted by the River Hamble Harbour Board at its meeting of 28 September 2012.

11.These conditions include controls on the size of boats moored on the hammerheads, no rafting on the hammerheads, installing warning signs next to the river, navigation lights on hammerheads to meet Trinity House regulations, pontoon lighting to be approved by River Hamble Harbour Authority, restrictions on type and times of piling and use of oil pollution response booming.

Natural England – No objection

12.Marine Works (Environmental Impact Assessment) Regulations 2007 (as amended): It is our advice, on the basis of the material supplied by the applicant that in respect of statutory designated sites, seascapes and

protected species an Environmental Impact Assessment (EIA) is not required for this application.

13.The Conservation of Habitats and Species Regulations 2010 (as amended): The proposed works are located within the Solent and Dorset Coast SPA and the Solent Maritime SAC. We recommend conditioning types of piling and removal of equipment/ debris on completion of the works.

14. In Natural England’s view the proposed works are not likely to damage any of the flora, fauna or geological or physiographical features for which the site is designated.

Environment Agency – No objection

15.The River Hamble and its estuary are known to support migratory salmonids, namely Sea Trout. Sea Trout are protected by current fisheries and nature conservation legislation and Atlantic salmon frequent the tributaries of Southampton Water. A condition is recommended restricting piling works to November to March (outside of migration times). If this is not possible then conditioning the type of piling and submission of a noise assessment to provide evidence that the underwater noise disturbance is sufficiently low to avoid harm to migratory fish.

Ecology Officer – No objection subject to a submission of an environmental construction management plan.

Environmental Health – No objection subject to submission of piling details.

Bursledon Parish Council – Objection

That the loss of the 2nd channel on the western side will be detrimental to the safety of small boat users on the river.

That the 2nd channel on the western side of the river is required for navigational safety due to turbulence caused by tidal flow at the bridge.

That the alternative 2nd channel on the eastern side of the river opposite the proposed development is not deep enough to allow free movement of vessels.

Hampshire County Council (Highways department) – No objection

Fareham Borough Council - No objection

Policy Context: Designation Applicable to Site

Outside Built-up Area Boundary Within Established Boatyard Within River Corridor Within Solent Marine Special Area of Conservation Within Old Bursledon Special Policy Area Within Old Bursledon Conservation Area

Development Plan Saved Policies and Emerging Local Plan Policies

16.Eastleigh Borough Local Plan Review 2001-2011 saved Policies: 1.CO (countryside), 18.CO (landscape Character), 39.ES Development on river corridors), 40.ES (shoreline characteristics), 59.BE (general development), 124.E (boatyard and marinas), 156.OS (new pontoons), 169.LB (conservation area) & 179.LB (Old Bursledon).

17.Submitted Eastleigh Borough Local Plan 2011-2029, July 2014 Policies: S10 (the coast), DM1(sustainable development), DM9 (nature conservation), DM10 (heritage assets), DM18 (boatyards and marinas), DM34 (recreational sailing).

a. The Submitted Local Plan comprises: the Revised Pre-submission Eastleigh Borough Local Plan 2011 - 2029, published February 2014; and the Schedule of Proposed Minor Changes, submitted to the Secretary of State in July 2014.

Supplementary Planning Documents

Supplementary Planning Document: Quality Places (November 2011) Supplementary Planning Document: Biodiversity Supplementary Planning Document: Old Bursledon Conservation Area

Appraisal and Management Proposals

National Planning Policy Framework

18.The National Planning Policy Framework (NPPF) states that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. Para 14 sets out a general presumption in favour of sustainable development and states that development proposals which accord with the development plan should be approved without delay. Where the development plan is absent, silent, or relevant policies are out-of-date planning permission should be granted unless the adverse impacts of the development would outweigh the benefits; or specific policies in the Framework indicate development should be restricted (paragraph 14). Local plan policies that do not accord with the NPPF are now deemed to be “out-of-date”. The NPPF requires that due weight should be given to relevant policies in existing plans according to their degree of consistency with the NPPF. In other words the closer the policies in the plan accord to the policies in the Framework, the greater the weight that may be given.

National Planning Practice Guidance

19.Where material, this guidance should be afforded weight in the consideration of planning applications.

Comment on Consultation Responses and Representations Received

The comments are noted and will be considered in the assessment section. The history of deacons boatyard is interesting background information, but

only material planning considerations relevant to the current application can be taken into account.

Reference is made to a dismissed appeal for the extension to working berths at Hamble Yacht Services (F/04/52707). The appeal pontoon is on a much larger scale than the proposal and would have stretched into an undeveloped part of the River Hamble. As such the appeal decision is not considered to be directly relevant to the current proposal.

Assessment of Proposal: Development Plan and / or Legislative Background

20.Section 38(6) of the Planning and Compulsory Purchase Act 2004 states:-"If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise."

21.The site is also situated within Old Bursledon Conservation area where Section 74(3) of the Planning (Listed Buildings & Conservation Areas) Act 1990 states that Section 66(1) of the Act applies. This indicates that in considering whether to grant Conservation Area consent:"The Local Planning Authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses."

Principle22.The main pontoon reconfiguration is within the footprint of Deacon’s Boatyard,

and will not affect the width of the main river channel. Deacon’s boatyard is an established marina and therefore the principle of development is acceptable, subject to consideration of the detailed matters, including navigational safety and loss of recreational space.

23.The most relevant policies for the development are Saved Policies 39.ES, 59.BE, 124.E & 156.OS of the Eastleigh Borough Local Plan 2001-2011. These policies are considered to accord with the general thrust of the national policy contained within the National Planning Policy Framework.

24.Policy 39.ES looks to refuse development within river corridors that would adversely affect its scenic or ecological interest or would jeopardise safety and ease of navigation (applicable criteria).

25.Policy 59.BE requires development to take full and proper account of the context of the site including the character and appearance of the locality and be appropriate in mass, scale, materials, layout, design and siting. It also requires development to have a satisfactory means of access and layout for

vehicles and pedestrians and avoid unduly impacting on neighbouring uses through noise (applicable criteria).

26.Policy 124. E allows marine based development within boatyards and marina sites on the River Hamble, providing they do not ((applicable criteria):

jeopardise the safety and ease of navigation on the river or have a detrimental impact on the regime of the river;

adversely affect a special area of conservation, special protection area, site of special scientific interest, site of importance for nature conservation, nature reserve, or other areas of nature conservation, as shown on the proposals map.

conflict with the character of the river and its environs by virtue of the uses proposed, location, layout, scale, design or materials;

27.Policy 156.OS allows new pontoons where they are in existing boatyards or built up areas of the river frontage and will not impede the movement of craft on the river.

28.The site is also located within Old Bursledon Conservation Area and Old Bursledon Special Policy Area, which policies are set up to look to protect the area from inappropriate development. These policies are primarily focused on land based development, although passing reference is made to views across the Hamble river valley.

Loss of Recreational Space

29.The proposed pontoon layout will result in the removal of the current access channel that runs through Deacons Boatyard. This access channel was designed to be used by small craft travelling along the river as well as providing access for mooring holders.

30.The current pontoon layout was installed in 2013 and has been trialled by Deacon’s boatyard ever since. However, very few small boats have been witnessed travelling along the access channel, as evidenced within the planning submission. The proposal has also generated relatively little interest from river users or the general public.

31.Canoes, kayaks and rowing boats tend not to use this access as it runs through the marina and so there is a higher likelihood of small craft conflicting with larger boats leaving and returning to their berths. Should the access channel be busy then the current design provides little opportunity for smaller craft to escape back into the main channel as they are blocked in by the long Y line pontoon.

32. Instead small craft tend to travel to the eastern side of the main channel, between the Z berths and the training wall at Swanwick Marina. The eastern access is the recommended route for canoes, kayaks and rowing boats as it is away from the marina and is part of a more direct route for small craft

traveling along the Upper Hamble. This route is recommended by the River Hamble Harbour Master and is set out within the submitted marine enforcement risk assessment.

33.Although the proposed pontoon layout will result in the removal of the Deacons Marina access channel, this is balanced by the applicants improvements to the public slipway located on their northern boundary next to the A27 road bridge. As part of the planning application the public slipway will be refurbish and a new pontoon added to provide an easier public entry point for canoes and kayaks that wish to visit the Upper Hamble. At present there are no launching sites for small craft nearby and this facility will alleviate the need for small craft to pass any of the marina entrances south of the bridge when travelling along Upper Hamble River. It will also provide another option for mid stream mooring holders when they launch their.

34. In conclusions, while the proposal will remove the Deacons’ Boatyard access route, the information given by the applicant suggests that the access route is seldom used as there is a safer route available, which can be used in most weather and tidal conditions. The proposal will also make improvements to the public slipway, which will benefit small craft when entering and leaving the river. On this basis the proposal is not considered to detract from the public recreational use and enjoyment of river of this part of the river. In this respect, the development accords with Saved Policy 156.OS of the Eastleigh Borough Local Plan.

Navigational Safety

35.When considering navigational safety it is important to weight up the risks and benefits for all types of craft. For the smaller craft the loss of the access channel is considered to be balance by the improvements to the public slipway. For larger vessels berthing at Deacons Boatyard the proposal makes significant improvements to navigational safety.

36.While the current layout was a step forward from the original pontoon arrangement, the proposal will make it even safer and easier for mooring holders to get their boats into and out of Deacon’s marina. At present the long Y line pontoon is at a right angle to the finger pontoons and mooring holders have to complete a number of tight 90 degree turns to access the main channel. The current layout also funnels boats into just two access points, which connect to the main channel at either ends of the long Y line pontoon. These two access points can become busy making joining the main channel challenging in difficult tidal and weather conditions.

37.Under the proposal boats moored on the extended A, B & C finger pontoons require one simpler movement in order to access the main channel. The finger pontoon layout also doubles the number points accessing the main channel from two to four so will be less congested and make conflicts between boats and collisions much less likely.

38.However, the biggest advantage of the finger pontoon layout is that all the moorings will be directly accessed from the land. This means that the mooring holders on the adjacent Y line pontoon will no longer require tenders or haul across dinghies to access their vessels.

39.According to the Royal Harbour Authority Risk Assessment, the risks associated with tenders are the worst of any craft on the river as they are low to the water line and lack visibility. The likelihood of an incident involving people in tenders is typically once a month. In the view of the submitted risk assessment, the replacement of the mid-stream Y line moorings with walk ashore pontoons would be “a very positive step in reducing the likelihood of an accident. If the trade-off of losing the ability to transit the marina in paddle or row craft is that the use of tenders is negated then it is my view that from a safety perspective that trade-off is very beneficial.” (para 6)

40.The submitted risk assessment was undertaken by Mark Capon, an independent navigational safety expert and the designated person for the River Hamble Harbour Authority as required by the Port Marine Safety Code. The assessment was undertaken as part of the harbour works application in September 2012. During this process the navigation safety and environmental issues were considered and deputations made by river users. The River Hamble Harbour Board concluded that the navigational safety risks of the proposal were as low as reasonability practical and granted consent with strict control measures.

41.The proposed five finger pontoons were also consented by the MMO (Marine Management Organisation), who are a national organisation responsible for granting marine licences. The MMO concluding that “the proposed works and their operation will not cause or be likely to result in obstruction or danger to navigation, or have any effect on designated sites of environmental significance.” As set out within section 3.0 of the submitted risk assessment.

42.Both the harbour works consent and marine licence were based on the provision of five equal sized finger pontoons at Deacon’s Boatyard. The southern two pontoons (D & E) were installed as part of the current layout and the remaining three northern pontoons (A, B & C) are to be completed under the current proposal. Although the Harbour Works Consent was permitted in 2012 it still remains valid, with the Hamble Harbour Master considering the outcome to be still sound today subject to appropriate control measures.

43.However, while the proposals navigational safety risks were deemed to be as low as reasonably practical it is important to note that there will always be some residual risk. Although The Harbour Authority and marinas have a responsibility to regulate, guide and inform river users there is the duty of all those who go afloat to act within the law, take reasonable precautions and be sensible. This includes river users planning ahead for their journeys and only launching in weather and tidal conditions suitable for their skills and type of craft.

44. In conclusion, the proposed pontoons layout has been approved by both the River Hamble Harbour Board and the Marine Management Organisation and as such is not considered to adversely affect navigation safety on the River Hamble. In this respect the development accords with saved policies 39.ES, 124.E and 156.OS of the Eastleigh Borough Local Plan.

Character and Appearance

45.The proposed pontoons will be constructed of timber decked metal frames on fibre concreate cased floats, which are suitable for the marine environment and will closely match those already installed within the marina. The proportions of the finger pontoons will match those already installed at D & E pontoon of Deacons Boatyard.

46.The proposal will not increase the number of berths or extend pass the edge of the existing Y line pontoons. Instead the proposed pontoon layout will follow the established line of pontoons along this stretch of the River Hamble and will gently wrap around the outside of the main river channel. This type of finger pontoon layout is widely used within marinas along the River Hamble and is present on a much larger scale at Swanwick Marina opposite the site.

47.As such the proposed pontoons are considered to fit in with the character of the site and pattern of development along the river. The proposal will not be readily visible from the surrounding land and as such is not considered to have a material impact on the character and appearance of the locality or wider Old Bursledon Conservation Area or Old Bursledon Special Policy Area. In this regard the development accords with Saved Policies 39.ES, 59.BE & 124.E.

Ecology

48.The proposal is located within the Solent Marine Special Area of Conservation, which are recognised for their high importance to nature conservation and are protected at a European Level. The proposal has been reviewed by Natural England, the Environment Agency and the Council’s Ecology Officer and no objection has been raised, subject to the recommended planning conditions. As such the proposal is not considered to cause harm to the Solent Marine Special Area of Conservation and so accords with Saved Polices 39.ES & 124.E.

Car Parking

49.The proposed pontoon reconfiguration will not result in an increase in berths and as such the car parking facilities remain adequate for the marina. The improved public slipway is likely to result in additional vehicle trips, but this is balance by the public benefits of the facility and in any case may relieve some of the pressure on other slipways along the river. No objection has been raised by Transport Officers at Hampshire County Council and on balance the proposal is considered to accord with Saved Policy 59.BE.

Residential Amenity

50.The proposed pontoon layout will require new piles and as such a pilling method statement will be conditioned to ensure that noise disturbance from this activity is kept as low as possible. In this respect the proposal will meet the requirements of Saved Policy 59.BE.

Other material considerations

51.Also of relevance is the Submitted Eastleigh Borough Local Plan 2011 - 2036. While not yet adopted it does carry weight by virtue of being intended as the current local plan’s replacement. With regards to this application, the new policies essentially echo those of the current plan and are not considered to affect the recommendation put forward.

Conclusion

52.The proposal is considered to accord with national and local planning policies and is therefore recommended for permission.

MoPsBridge

Stages

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Pontoons

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MLW

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Moor

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Post

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El Sub Sta

4 to 6

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Hamble

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STATION

Swan Court

Shingle

BRIDGE ROAD

Co Con

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Mud

Mud

Boat

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Boro

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CP

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Boat Yard

(fixed red)

Slipway

River

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Pontoons

© Crown copyright and database rights (2017) Ordnance Survey (LA100019622)

F/17/80845

Scale:

Map Ref:

Date:

1:1250

12/09/2017

SU4909NW

Title:

Deacons Boatyard

Bridge Road, Bursledon

Current Boatyard Layout