BEMBRIDGE HARBOUR TRUST
BEMBRIDGE HARBOUR SALE - OPEN MEETING 2 JANUARY 2010
Brief notes
Held at the Bembridge Sailing Club at 18.00
This open meeting was organised by BHT as an opportunity to discuss the proposed sale of the Harbour and related Harbour activities.
The meeting was attended by some 150 members of BHT and other harbour users.
Donald Biddle , chairman of BHT, welcomed all those attending and said that the large turnout showed the considerable interest that the locals took in the future of the Harbour.
He recalled the objectives of BHT, a charitable trust, the main aim of which was to purchase the Harbour and hold it in perpetuity for the benefit of the communities should the opportunity arise.
He introduced the trustees present; Chris Attrill, Felix Hetherington, Michael MacInnes, Arthur Robinson , Jill Attrill , Trust Secretary and mentioned those absent, Tony Tutton and John Raymond .
Michael MacInnes gave a brief resume of the Proposed Sale that had been released a few days earlier by Chesterton Humberts.
In summary he said that:
This is at a ground rent of £100 per annum reviewed 5 yearly to RPI.
2. Also offered by MLI are two 50 leases for; = the ground floor of the Duver office and the land towards the Duver marina but are thought not to include the Lynx parking area; = and the car parking areas at Bembridge Marina = both at ground rents of £5000 p.a each.
The par cark is subject to a pending planning application for another hotel development whereby after 5 years and on 12 months notice, the lease will terminate. In this event, they say that alternative parking will be provided within 400 metres.
We have been told that the alternative parking will be behind the BHYC car park. This is likely not to be possible as RSPB have rights on it for 25 years and anyway such usage has been turned down before by the authorities.
• The two leases and the tipping field are currently leased by MLI to BHIC for around £45,000 p.a.; so the proposal at £10,000 is a surprising reduction in income for MLI.
• The Tipping field cannot be used now for cutter suction spoil as it is full, needs repair and permits are unlikely; so dredging in the Harbour will have to be by more expensive grab and barge removal.
As no harbour dredging has taken place since 2003-4, this is now urgently required as virtually all yachts on pontoons ground in the mud at low water springs.
A dredging cost guess might be in the order of £400k to £500k required immediately and there after once every 5 years.
• The Crown Estate has a lease on the channel outside the Harbour just after the bend opposite the St Helens ' church. This lease is to be transferred to the new owner. It is a 25 year lease from October 2000 for £2000 p.a.
• The Houseboats are not included in this sale. This could create an unhelpful problem for the new owner as it will mean he has no control over that part of the Harbour which he owns.
• As to dredging, the sale document says that the entrance channel is dredged on an on going basis by a local aggregate company. This is S.J. Bennett.
The problem is that Bennett has a licence from MLI for £30,000 p.a for use of the grading site at Bembridge Point whereas the actual dredging that takes place in the outer channel is by licence from BHIC. BHIC receives no income under this licence.
A major problem envisaged under the sale proposal is to see how the new Harbour owner can allow himself to have the dredging licence but no control over the MLI site which Bennett's needs.
• The sale details also state that dredging takes place every three years with discharge into the tipping field. As mentioned above, nothing has happened for over five years.
• The sale details say that a number of improvements to pontoons will be carried out at the vendors cost prior to completion. They say this will produce additional income of £50,000 p.a. It is difficult to see how one can be sure that this will actually happen.
They are clearly highly necessary as the pontoons and walk-ways are in a poor and some in a dangerous state. There is also a big question about the quality of the south quay wall at the Bembridge Marina which may need expensive repair soon.
• Most importantly, the sale details state that; "Harbour Powers under the Bembridge Harbour Act will be transferred to the buyer".
This is the 1963 Harbour Act. Any transfer has to be approved by the Department for Transport and this is clearly stated in the ACT.
It has been suggested by Humberts that the transfer will be a formality. We have been told by the DfT that there will need to be extensive consultation, including public consultation, with interested parties. These may include local organisations such as, IoWC, Parish Councils, RSPB, National Trust, BHT, BHUG, Solent Protection Society and Natural England.
It is also quite likely that they will not make a decision until after they have concluded on their Harbour Dues Inquiry which we were told may take several months. Such DfT approval would not be required if it was BHIC, the company, that was for sale.
• Bembridge Boatyard is not included in the sale, of course, as it is a transaction between Mr Paul Norris and Mr Blatch personally.
However, there may well be problems for a potential buyer in that Mr Norris has registered with the Land Registry a Unilateral Notice over the Harbour in respect of the sale contract which will have to be released somehow.
Mr Norris is also claiming mooring rights going back some years over 10 acres of the Harbour.
There followed considerable discussion and questions with the floor on all aspects of the sale and present Harbour activities covering: • That the neighbours, RSPB , NT etc are all fully informed and supportive of BHT objectives. • Open question as to why leases not freeholds, which would be much more attractive to a charitable Trust, were being sold. • Need for a long term positive BHT vision of the Harbour future development, yachting, tourism and business generally. And the need to communicate this to a wider public. • BHT press and publicity programme. • The need for Humberts to know the correct facts about Harbour issues which are incorrect or vague in their sale material. • That there may be pressure from BHIC bank in the sale. • Power of IoWC to compulsorily purchase the Harbour under the 1963 Act.
The Chairman closed the meeting by saying that BHT would be keeping a close watch on events, and were waiting with interest financial information from the agents, and would have a continuing interest in buying but obviously only on a sensible commercial basis.
11 February 2010 ___________________________________________________ Bembridge Harbour Dues Appeal January 2010. Major potential liabilities for Bembridge Harbour Company
December, 2009 |
