SUPPLEMENTARY AGENDA ITEM SA1
BOROUGH OF POOLE
SECOND HARBOUR CROSSING
REPORT TO CABINET 12 DECEMBER 2005
THE AGREEMENTS MADE AND UNDERTAKINGS GIVEN
TO CERTAIN OBJECTORS TO TRANSPORT & WORKS APPLICATION
PUBLIC INQUIRY SEPTEMBER/OCTOBER 2005
1. PURPOSE
To inform Cabinet of actions taken under delegated authority.
2. DECISION REQUIRED
2.1 That the Report be noted.
3. BACKGROUND
3.1 In order to address various objections to the Transport and Works Act Order
(‘TWAO’) by Poole Harbour Commissioners (PHC), RNLI, Marina
Developments Limited (MDL) and JJ Gallagher/Land Improvement Holdings
Limited (JJG/LIH), agreements with Poole Harbour Commissioners and the
RNLI have been completed; an undertaking has been submitted in relation to
MDL and agreements with JJG/LIH are being negotiated. On the 27 th
September 2005 Cabinet delegated the authority to authorise these agreements to the Policy Director in consultation with the Leader of the
Council and the Portfolio Holder for the Economy.
3.2 The purpose of this report is to provide Cabinet with a summary of the main provisions in the Agreements and Undertaking. If any member requires further details they should contact Diana Goldsmith in Legal & Democratic Services.
Some obligations are contained in more then one document in similar terms but are not necessarily repeated in the details given in this report.
3.3 Officers are continuing to work with objectors to resolve remaining issues and it is likely that further agreements and undertakings will be negotiated with affected landowners to grant the Council the necessary easements/licences to construct and maintain the bridge. If so, any such agreements will be complimentary to and compatible with the existing completed agreements described in this report.
4. THE AGREEMENT WITH POOLE HARBOUR COMMISSIONERS
4.1 The Council will provide 15 berths on the western water frontage within the holding basin before the operation of the bridge commences and on request
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by PHC up to 14 additional berths by either requiring planning applicants to provide an appropriate number of berths or by additional negotiations with
PHC to provide pontoons at an agreed location.
4.2 The Council will operate a Temporary and a Permanent Control Centre to control marine and vehicular traffic within sight of both bridges. The new bridge will not become operational until the Permanent Control Centre is completed and operational. The Control Centre will be manned during the busy period (1 st April – 30 th September or from 1 st March if Easter is in March) for so long as the both bridges remain in use. The opening times will include a
05:00 lift and a 23:45 lift.
4.3 The new bridge will not be operated until PHC are satisfied that it can be operated safely and the Council will safeguard PHC’s duty to promote safe navigation in the holding basin
4.4 During the period of construction of the bridge the current activities of frontagers in the basin will be permitted to continue provided the use does not interfere with the construction of the bridge or traffic in the basin. Wilkins Way will not be closed until an alternative slipway has been provided.
4.5 PHC has agreed the scheme of appointment to the Poole Harbour Bridges
Operati ng Board (‘BOB’). There will be 5 board members, 2 Council appointed and 3 PHC appointed including the Harbour Master.
4.6 The Council and PHC will liaise in the design construction and operation of the bridges and the holding basin. Target times for closure of the Back Water
Channel will be agreed before carrying out the works and these times will be included by the Council in the construction contract .
4.7 The risk assessment measures in the Risk Assessment Report will be implemented and there will be an on-going obligation for BOB to review and implement a risk assessment strategy.
4.8 Future works of reconstruction, alteration and renewal to the new bridge will be subject to the licensing powers of PHC.
5. UNDERTAKING TO MARINA DEVELOPMENTS LIMITED (COBBS QUAY)
The Deed of Unilateral Undertaking to Marina Developments Limited (Cobbs
Quay) submitted to the Inquiry by the Council provides that:
5.1 The Bridges Operator will be properly experienced and qualified to the extent considered appropriate by the Harbour Master and will not be appointed without the written approval of the Harbour Master.
5.2 In considering any recommendation from BOB the Council will pay due regard to safety of navigation through Back Water Channel, the actual and predicted volumes of traffic, the nature of the vessels navigating the Channel and the
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need to accommodate their needs. Any notice of the arrangements for the opening of the bridges will be served on MDL.
3.1 5.3 There are provisions regulating the opening of both the bridges when
MDL are carrying out planned maintenance operations for vessels over 40 metres in length.
5.4 The short term berthing facilities will be available for use when the new bridge opens for public traffic.
5.5 The design of the short term berths will be consulted upon and will be suitable for leisure craft and provide a continuous horizontal berthing face along
Hamworthy Quay. The Council has undertaken to design the bridge so that in the event of its primary lifting mechanism failing the Council will be able to lift the bridge by a secondary alternative means
5.6 During the construction period the Council will use all reasonable endeavours to minimise interference with access to and from Holes Bay through Back
Water Channel and during construction there will be no closure of the Back
Water Channel on a Saturday, Sunday or Bank Holiday.
5.7 Before the bridge is open the Council shall make available a Bridge Operating and Maintenance Plan which is subject to consultation with BOB, the owners of any boat yard or marina with more than 10 pontoons or berths within Holes
Bay, the RNLI and PHC. Public notice of planned maintenance must be given and the Plan will address the timetable for opening of the operational bridge and the non-operational bridge shall be opened to allow all vessels to navigate so far as reasonably practical.
6. THE AGREEMENT WITH THE RNLI
6.1 The basis for the agreement is that the RNLI requires continuous passage through the Back Water Channel to maintain the servicing of lifeboats and to carry out the activities of the IR training college.
6.2 Each party will take steps to mitigate any cost etc and disturbance to the RNLI as a consequence of the construction operation and maintenance of the works. The parties will cooperate to secure the efficient execution and operation of the works and to resolve amicably all issues arising.
6.3 During the construction of the works the Council will maintain vehicular access to and from the RNLI buildings over West Quay Road and consult the
RNLI over the nature and timing of the works except for any temporary emergency measure.
6.4 The Council will minimise interference with access to the RNLI buildings through the Channel during any period of temporary closure. During construction except when works are required in an emergency the RNLI will be given 28 days notice of the closure details. In the event of an emergency
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and subject to the directions of the Harbour Master the Council will use all reasonable endeavours to permit the passage of an emergency rescue vessel.
5.1 6.5 In operational matters and in determining the programme of openings the
Council and BOB will consult the RNLI and have due regard to its needs.
6.6 If the bridge operating system fails completely and is likely to lead to a blockage of the Channel for more than 48 hours resulting in any RNLI lifeboat not exceeding 50 tons being prevented from leaving Holes Bay the Council will procure at the Council’s cost an alternative means of conveying the vessel to the nearest practical launching place seaward of the new bridge provided that the vessel is required for emergency relief or a pre-planned training event which would otherwise be unable to be completed or take place.
7. AGREEMENTS SUBJECT TO NEGOTIATION WITH JJ GALLAGHER /
LANDS IMPROVEMENT HOLIDINGS LIMITED
7.1 The Council is negotiating a Highway Dedication Agreement, under the
Highways Act 1980, to provide for the dedication of land at Wilkins Way and
West Quay Road and land on the former power station site for the purposes
JJG at the end of the construction process.
6.2 7.3 The Side Agreement is to give the necessary consent for the use of parts of the power station site for prefabrication works and to construct a Construction
Office and the Temporary and Permanent Control Centre. Again this will take effect over the exercise of CPO rights under the TWAO. of construction operation and maintenance of the approach road to the new bridge. This agreement when completed will make CPO unnecessary and the agreements shall take effect over and above the order.
7.2 Any part of the land not required permanently for the bridge will be returned to
Tim Martin (Solicitor)
Head of Legal and Democratic Services
Ref DJG.R5.
Contact Officer: Diana Goldsmith, Principal Solicitor – Tel 01202 262801
Background Papers
Report to Cabinet 27 September 2005
Forms of Agreements and Undertakings referred to herein
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