BHH – Bursledon, Hamble and Hound Local Area Committee .
Application Number: / F/17/80845Case Officer: / Clare Martin
Received Date: / Wednesday 14 June 2017
Site Address: / DEACONS BOATYARD, BRIDGE ROAD, BURSLEDON, SOUTHAMPTON, SO31 8AZ
Applicant:
Proposal: / Reconfiguration of A,B & C pontoons and installation of public access pontoon
Recommendation: / Permit
CONDITIONS AND REASONS
1 / 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.
2 / 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.
3 / 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.
4 / 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 dailytimes 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.
6 / 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.
7 / 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.
8 / 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.