Dart Harbour and Navigation Authority

Transcription

1 Dart Harbour and Navigation Authority Minutes of a Meeting of the Dart Harbour and Navigation Authority held in The Studio at the Flavel Centre, Flavel Place, Dartmouth, on Monday 11 th March 2013, commencing at 1400 hrs. PRESENT: Mr N Hockaday Chairman Mr J Scott Vice Chairman Dr J Ellwood Mr R Giles Harbour Master Mr O Hill Mr T Pollard Ms S Pudduck IN ATTENDANCE: Ms P Johns Senior Administrator Mr N Clarance Deputy Harbour Master 1. Apologies for Absence Apologies were received from Mr M Cast and Mr J Murtagh. 2. Questions from the Public There were six members of the public present. Dr N Millward addressed the Board and advised that as Chairman of the Association of Dart River User Clubs (ADRUC) and representing Stoke Gabriel Boating Association (SGBA) he had taken legal opinion from the Royal Yachting Association (RYA) and in their opinion in relation to the management of the harbour the Authority should consult with stakeholders before substantial changes are made to policy. Dr Millward had been advised that Dart Harbour was acting beyond its powers and beyond the law. According to Dr Millward, the Act of Parliament states that it is compulsory for consultation to take place and that staff should not be making policy decisions. Dr Millward also believed that the Authority operated separate waiting lists for dinghies and tenders. He believed that this was unlawful. He urged the Authority to act within the law and advised that if the Authority did not repeal its policy decision, he would seek further legal advice from the RYA, inform the press, the Secretary of State, Member of Parliament and initiate legal proceedings against the Authority. The Chairman advised that he would be happy to defer the decision and go to consultation to review the policy and explained that no decisions would be reversed at this stage. He also advised that the Moorings Policy is not legally binding document. The decision on tenders and dinghy provision would not be finalised without consultation. Mr J Bunting advised that he was still experiencing problems in viewing the Moorings Policy on the website. Mr Scott had checked the website and had experienced no problem accessing the Moorings Policy. 1 of 6

2 Mr Stobbart enquired whether he could soon expect a reply to his letter from the Harbour Master. The Harbour Master advised that a reply had been prepared and would be posted shortly. 3. Stakeholder Groups 3.1 River Dart Non Beneficiary Group The Harbour Master advised that Robin Toogood (AONB Manager) had offered to assist the Authority in reinvigorating this stakeholder group. The Chairman was keen to continue to make efforts to reestablish this group. 3.2 Commercial Users Group (CUG). The Harbour Master reported that this stakeholder group met recently. The meeting was well attended with members. There were some concerns over the delays to the Lower Ferry slipway which will not be completed by the proposed deadline. The CUG will be writing to South Hams District Council (SHDC). The Harbour Master advised that he had briefed CUG about various Dart Harbour matters including Low Water Landing, winter berthing, the Forward Vision, SHDC embankment, give ups and speeding. 3.3 Association of Dart River User Clubs (ADRUC) The Harbour Master noted Dr Millward s comments made in Item 2 (above) and advised that he did not accept that the Authority was acting unlawfully. He also advised that policy was not being changed but that he was endeavouring to clarify instructions for staff. The Harbour Master had not deliberately tried to mislead or change policy and does not believe he is being unreasonable. The Harbour Master is aware that Section 14 of the Harbour Revision Order does refer to consultation with accredited bodies for substantial changes. The Harbour Master would welcome a longer opportunity to discuss the issue of consulting with stakeholder groups. 4. Minutes of Meeting held on 11 th February 2013 It was proposed by Mr Pollard and seconded by Dr Ellwood with all in favour that the minutes represented a true record of the meeting. 5. Matters Arising from Minutes held on 11 th February Tenders/Dinghies. The Chairman referred to confusion surrounding the definition of tenders and dinghies. He advised that tenders should be marked and that dinghies were a separate vessel. There are deep water berths with tenders associated with the main boat, these tenders display a tender sticker. The assumption has been that when a main berth goes so does the tender berth, but clarification is needed. However there have been occasions when customers have been able to keep the tender berth after giving up the main mooring. It is unclear in the Moorings Policy whether vessels are tenders or dinghies. They look the same in the paperwork and it is only the contract that differs. This leads to confusion for staff. He advised that the Moorings Policy will need to clarify the situation. Invoices that are sent out refer to dinghy berths. He advised that the Authority will review and make sure the Moorings Policy is clear, relevant berth holders will be advised of their current status regarding tender berths. The Chairman apologised for the confusion and explained that a body of work will take place to clarify the situation. 2 of 6

3 6.3 MCA. The Harbour Master advised that the MCA had not taken any action in relation to an enforcement notice for a skipper the Dart Steam Railway & River Boat Company (DSRRB). This skipper was no longer employed by DSRRB. 7.1 Baltic Wharf. The Harbour Master reported that he had responded to SHDC Planning Department in relation to the planning application with no objection. It was noted that there were no issues involving the waterfront. 6. Agenda Items 6.1 Friends of Dart Harbour (FODH) Ms Pudduck reported that the Friends of Dart Harbour had been involved in the Forward Vision consultation. No other matters to report. 6.2 Health & Safety There were no Health and Safety incidents to report. 6.3 Environmental Matters Nigel Mortimer (Estuary Officer) was present. The report of the Estuary Officer was noted. Nigel Mortimer updated the Board on the status of Marine Conservation Zones (MCZs). He advised that 31 MCZs had been recommended and most of the other 127 areas were still proposed but may or may not be processed in future tranches. The DEFRA public consultation closes at the end of March. Dart Harbour will send a response. Nigel Mortimer advised that fishermen may be impacted in the area outside the Dart Harbour area in other conservation areas. Mr N Clarance advised that the MMO visited the Authority recently and explained that some fishing practices around the Skerries were changing and Dart Harbour had not been made aware of this. This should be raised with the Commercial Users Group. Mr Clarance also advised that dredging in the harbour would be impacted when the MCZs are implemented and Dart Harbour would be required to carry out an environmental impact assessment before any dredging in the river took place. Nigel Mortimer also advised that there will be a byelaws review of fishing carried out by IFCA which is not connected to the MCZs and that there is a special area of conservation just inside the harbour. ACTION: Harbour Master to report to the Commercial Users Group and fishermen. Discussion took place concerning water quality. Nigel Mortimer advised that the Environment Agency do look at water testing and provided information about this in his report. He advised that collecting information was straightforward but interpreting the results was an expensive issue. The Board noted the guidance on the duties of public authorities in relation to MCZs. 3 of 6

4 Mr Pollard felt that there was confusion about the legal structure that underpins coastal waters. The next step would be a UK Marine Policy statement. Nigel Mortimer to keep the Authority up to date on developments. 6.4 Young Champion Awards Ms Pudduck advised that school river trips had started and would be taking place during the rest of March and early April. 6.5 Forward Vision Ms Pudduck reported that the meeting held at the Royal Dart Yacht Club was attended by approximately 20 people, a presentation on the report was made by Plymouth University. The purpose of the meeting had been to encourage blue sky thinking for the future for Dart Harbour, however it was disappointing that those present were more keen to discuss past issues and current events and unfortunately no clear way forward was identified. Ms Pudduck advised that there would be a public event on Wednesday 3 rd April. In the past the priorities were identified through consultation with the stakeholder groups and these matters were then prioritised in the capital expenditure plan. The main items identified at that time were cruise ship facilities, dinghy facilities and signage. It had been identified that no more moorings were wanted. It was agreed that a partnership plan would be desirable to produce a collective view on the future of the river Dart for the next ten years incorporating blue sky thinking through partnership working with Stakeholder Groups. It was noted that the Salcombe Strategic Plan was good and that this could be used as a model. 6.6 Reports Bi- Monthly The Chairman proposed that operational, administration and finance reports be tabled to the Board every other month to enable staff to concentrate on their operational tasks. Following discussion it was agreed that more succinct operations and administration reports are considered bi-monthly and finance reports quarterly. It was also agreed that the Harbour Master would report on the financial reports at future meetings. ACTION: Harbour Master to advise staff that bi-monthly operations and administration reports are to be tabled to the Board (commencing in May) and advise the Finance Manager that financial reports will be quarterly (commencing in April). 7. Reports 7.1 Harbour Master s Report Stoke Gabriel Pontoon. Discussion took place about preparations for improvements to the access to the Stoke Gabriel pontoon. It was noted that various permissions from 4 of 6

5 SHDC, Duchy of Cornwall and the MMO would be necessary. It was agreed that planning works would continue through the season with a plan to commence works at Stoke Gabriel after the summer season to reduce disruption to boat users. Thanks were given to the SGBA for their support and the Authority would work closely with them in the planning stages. An offer of stone from the quarry at Stoke Gabriel had been made by SGBA. It was noted that the current access to the slipway was safe and that access at high water would be improved by the proposed project. Pilotage Cover. The Harbour Master advised that all pilotage plans were covered. Captain White would be covering some trips in August. It was noted that Fowey Pilots ability to assist had been constrained. It was also noted that every pilotage trip would include a trainee pilot tripping with the pilot appointed. Website. It was agreed to discuss the request for budget to develop a new website In Committee in view of commercial sensitivity. 7.2 Finance Reports Bank Accounts February 2012 February 2013 DHNA 49, , Lloyds Interest 200,000 Cater 345, , Pilot 12, , Waiting List 123, , Mr Pollard reported that the finances for February were straightforward. He advised that the Authority was 70,000 up on last year. It was noted that in March 200,000 had been received in response to invoices. The income is coming in and there is nothing to be concerned about to date. It was noted that the level of debtors was higher than last year, but this was due to winter berthing fees and this would not be a problem to collect. 8. Any Other Business There was no other business 9. Move into Committee It was proposed by Mr Pollard and seconded by the Chairman with all in favour, that the meeting move Into Committee. 10. Decisions made In Committee Dart Harbour Website. It was agreed In Committee to appoint a new website design company to create a new website for Dart Harbour. 5 of 6

6 It was proposed by Dr Ellwood and seconded by Mr Hill, with all in favour to ratify decisions made In Committee 2.1 Pontoon Berths: Dinghies V Tenders It was agreed: Harbour Master to prepare a paper on what should be done, to include the proportion of tender/dinghy places on dinghy pontoons for the July board meeting with a proposal for implementation in Hold the decision regarding the discussion which took place in January regarding the implementation of the perceived policy change Inform the Stakeholder Groups Liaise with the Chairman of ADRUC to cover issues raised during the open session of the March board meeting Investigate procedures for amendments and addendums to the Moorings Policy. ACTION: Harbour Master 11. Date of next Meeting Monday 8 th April 2013 in the Studio, The Flavel, Dartmouth at 2.00pm. 6 of 6