Harbours Advisory Committee

4 December 2024

Weymouth Harbour Revision Order

For Review and Consultation

Cabinet Member and Portfolio:

Cllr J Andrews, Place Services

Local Councillor(s):

All Councillors

Executive Director:

Jan Britton, Executive Lead for Place

Report Author: Ed Carter

Job Title: Dorset Harbours Manager & Weymouth Harbour Master

Tel: 01305 838493

Email:	ed.carter@dorsetcouncil.gov.uk

Report Status: Public Choose an item.

Brief Summary:

This report provides an update on the progression of Weymouth Harbour's future development, focusing on the modification of the Harbour's Open Port Duty to allow for commercial development opportunities in line with the Council’s Government funding (previously known as the Levelling Up Fund) commitments. The proposal requires a Harbour Revision Order (HRO) to restrict the current Open Port Duty, allowing the harbour to accommodate vessels of a specified size while ensuring compliance with Statutory Harbour Authority obligations.

Recommendation:

That the Harbours Advisory Committee note the approval given by Cabinet on the 19th of November. The wording of the proposed HRO is attached at Appendix One for information.

Reason for Recommendation:

At the meeting of Cabinet on 19th November, members approved the following:

An application be made to the Marine Management Organisation for a Harbour Revision Order in respect of Weymouth Harbour to restrict the Open Port Duty.

ii)	Delegated authority be given to the Executive Lead for Place Services in consultation with the Cabinet Member for Place Services to determine the wording of the Harbour Revision Order based on legal advice and to undertake all procedures for the submission of the Harbour Revision Order to the Marine Management Organisation

iii)	A budget of £40,000 is allocated for the work set out in recommendations i) and ii) from Harbour Reserves.

Following the approval of Cabinet, the draft of the new Harbour Revision Order has now been prepared and is presented to members for their review today.

Report

The unrestricted Open Port Duty currently necessitates that the harbour retains substantial infrastructure to accommodate large vessels, including space for loading lanes, border control facilities, and other associated services. This requirement is at odds with the Council’s vision for developing the Peninsula site as part of the regeneration project. Maintaining this infrastructure not only incurs high costs but also limits alternative commercial development opportunities for the quayside and the wider Peninsula area, such as small-scale marine businesses, leisure activities, residential development, and public access improvements.

The need for a HRO to amend the Open Port Duty has been identified, allowing it to be restricted to vessels of a certain size (under 24 meters in length). This would provide the necessary flexibility to continue accommodating smaller vessels, such as fishing boats, leisure yachts, and local commercial traffic, while freeing up space and resources for the redevelopment of the Peninsula. Restricting the duty to smaller vessels would also enable the removal of outdated infrastructure, such as the redundant ferry linkspan ramp, paving the way for new uses, including slipway, boat haul-out facilities, and marine services.

The Harbour Business Plan, approved by the Council in January 2024, underscores the importance of this revision in enabling the transformation of the quayside and Peninsula area. The modification of the Open Port Duty through a HRO is a key step in ensuring that the Government funding commitments can be delivered while securing the long-term financial sustainability of Weymouth Harbour.

To modify the Open Port Duty, the amendment to the Harbour Revision Order states that application of Section 33 of the Harbours Docks and Piers Clauses Act 1847 shall only apply in respect of vessels up to 24 metres in length across the entirety of the harbour premises and statutory water area, and that Section 33 of the Act of 1847 shall not apply at all to the area shaded on the Peninsula Plan.

The draft text of the Harbour Revision Order can be found at Appendix One, and the associated Peninsula Plan map can be found at Appendix Two.

Financial Implications

2.1	There are no financial considerations linked to this recommendation, beyond the requirements for legal advice and associated costs.

Natural Environment, Climate & Ecology Implications

There are no natural environment, climate & ecology implications linked to the subject of this report. However, the Harbours aim to meet the targets adopted by Dorset Council in July 2021, setting out a framework for action to become a carbon neutral Council and the direction of travel needed for a County-wide approach. Harbours have an important role in helping to deliver some of the goals set out within the strategy and will aim to reduce their carbon footprint in line with that of other Council Services.

Well-being and Health Implications

4.1	The provision of improved facilities and infrastructure promote health and wellbeing through encouraging people to be outdoors and active, whether it be through boating and water related activities, or through encouraging people to visit the harbours and enjoy each Harbour’s natural and cultural heritage. Established safety management systems at the harbours also support the ongoing health and well-being of harbour users and harbour employees.

Other Implications

5.1	None.

Risk Assessment

HAVING CONSIDERED: the risks associated with this decision; the level of risk has been identified as:

Current Risk: Low

Residual Risk: Low

Equalities Impact Assessment

There are no equalities impact issues resulting from the subject of this report.

Appendices

Weymouth Harbour Revision Order – Appendix One (Draft Text)

Weymouth Harbour Revision Order – Appendix Two (Peninsula Plan)

Background Papers

Harbours Advisory Committee Meeting 6th March 2024

Agenda Item 12: Weymouth Harbour – Future Development and Open Port Duty

Harbours Advisory Committee Meeting 25th September 2024

Agenda Item 12: Weymouth Harbour – Future Development and Open Port Duty

Cabinet Meeting 19th November 2024

Agenda Item 16: Weymouth Harbour - Future Development and Open Port Duty

Report Sign Off

11.1	This report has been through the internal report clearance process and has been signed off by the Director for Legal and Democratic (Monitoring Officer), the Executive Director for Corporate Development (Section 151 Officer) and the appropriate Portfolio Holder(s).