Agenda item

To receive and consider report 118/08 of the Deputy Director (Planning and Community Strategy). 

The Committee received and considered report 118/08 of the Deputy Director (Planning and Community Strategy) which updated Members on issues still outstanding following the report considered by the Committee on 12th May 2008 in respect of the Abingdon Marina.

In considering the report, the Committee had regard to the statements made by members of the public as recorded elsewhere in these minutes.

In considering the report, Members made the following comments: -

·        It was suggested that overnight moorings should be looked into further. 

·        There was concern regarding the marina ecosystem, it being commented that it was thought that the algae might be due to nitrate and phosphate leaking into the river from farm land and not as a result of boats or houses in the vicinity. 

·        Plans for more active management of the environment should be put in place with a report back to the Committee in this regard on a regular basis.

·        In terms of the provision, location and use of the 20 overnight moorings, it was questioned what measures could be imposed.  It was also question whether it was reasonable to impose a time limit on the discussions suggested, it being commented that within 3 months would be reasonable.

·        An individual’s sole place of resident was clear but a principal place of residence was less clear, it being noted that one residence needed to be registered for council tax purposes.  It was commented that a non permanent use could still amount to a considerably long stay.

·        Knowing whether a property was a main residence or not would not help control the amount of time the boats were used.

·        The Council Officers should cease surveillance of the Marina.  The Marina was not suitable for residential use it being a long walk from any facilities such as showers or shops etc.  It was considered that this in itself would discourage boat owners from staying long periods.  It was suggested one test would be whether the boats had engines or not and that there was a presumption if they did not then they were being used for residential purposes. It was commented that notwithstanding this, what harm was being caused it being noted that there were few complaints.  It was suggested that the surveillance should cease until such time as complaints were received.

·        The Officers had spent a considerable amount of time investigating the complaints and it was unclear what public harm was arising out of the few alleged complaints made. It was commented that in agreeing the recommendations it was not being agreed that the Officer should not investigate further but that this was not a priority.

In response to the comments made the Officers reported as follows: -

·        It might be possible to look into overnight moorings further without the need for additional surveillance such as checking addresses of residents registered at permanent addresses elsewhere.

·        In terms of water in the basin there was a flow of water but that this was a matter which the Environment Agency was responsible for.

·        There was an application for a variation to the Section 106 agreement to remove the restriction of the overnight moorings and three months was reasonable to conclude negotiation in this regard. 

·        Regarding the sole or principal place of residence, a principal residence was a matter of fact and degree and paying council tax and places of work etc were consideration in this regard. It was noted that a person could spend a considerable amount of time in another residence. 

By 13 votes to nil with 1 abstention it was

RESOLVED

(a)       that in respect of the total number of boats moored in the Abingdon marina exceeding agreed numbers, no action be taken against boats moored on the 113 permitted moorings;

(b)       that with reference to the provision, location and use of the 20 overnight moorings, time be allowed for discussions to be held with the owners of the marina, with the prospect of a revised proposal for the variation of the Section 106 agreement being made within 3 months, before deciding whether to take enforcement action in relation to the lack of overnight moorings at the marina;

(c)        that with reference to the moored boats extending beyond the western limit on the Marina application site, no action be taken against any boat, of less than 4 metres beam width, which may be moored directly to any of the six western most finger pontoon moorings, two of which are located on the western end of each of the three main east west pontoon arms of the marina;

(d)       that with reference to the storage of a box trailer in the secure compound, no action be taken against the box trailer in question, other than requesting that it be painted a dark green colour;

(e)       that in respect of the permanent residential moorings, authority be delegated to the Deputy Director (Planning and Community Strategy) in consultation with the Committee Chair and/or Vice Chair, to decide whether enforcement action should be taken against Builders Ede Ltd. Abingdon Boat Marina, South Quay, Abingdon, and any individual(s) residing on a boat if it is established that any boat(s) in the marina (apart from the Marina Manager’s boat) are being used as an individual’s sole or a principal place of residence.