Report by the Health and Safety Advisor (attached)

The Board considered a report by the Health and Safety Advisor (circulated previously) regarding the Quarterly Designated Person Port Marine Safety Code Audit of Ilfracombe and Lynmouth Harbours.

The Director of Resources and Designated Person highlighted the following:

·         The quarterly audits were carried out at both harbours on 19 October 2023.

Actions completed since last visit – Ilfracombe

·         A contractor was working at Old Quay Head replacing cracked stone facing.  Some further pointing on the stonework would complete the works.

·         The works along Quay Road had been completed with removal of top rails and waste bins.  New mooring rings and new ladders had been fitted.

·         An external Engineer’s report in relation to the cracked concrete beam between the First Landing and the Pier had been received.  Monitoring of the situation would continue.  The Council’s Senior Engineer had responded to the report’s findings to clarify the long term situation.

·         A drone survey had been carried out of the Pier Car park surface.  This was carried out on 6 July 2023 and would provide a baseline assessment of the state of the surface.  Once boats had returned to the water, March 2024, a further survey would be carried out.

·         An incident regarding a member of the public falling into the water at the Cove area had been investigated but no further action was required.

Risk Management – Ilfracombe

·         ABPmer carried out the three yearly external harbour audit in June 2023.   The final report had been received with no non-compliances noted.

·         An internal audit of the following topics was undertaken this quarter.  There were no non-compliances or non-conformities:

Ø  Legislation, (Acts, Harbour Revision Orders, Byelaws) and Directions,

Ø  Conservancy (survey, dredging),

Ø  Duty Holder and Designated Person Function; and

Ø  Competency and Training.

·         There had been a hold up on the fitting of new composite handrails along the RNLI steps, the old Slipway and the Water Sports Centre Slipway due to the Environment Agency querying ownership.

·         The Harbour Master met with the Environment Agency on 20 October 2023, and the issue had been resolved.  The Council would continue with the replacement works.

·         A quote had been received for remedial works on the joints between the concrete landings and the slabs on the steps on East Face Quay and Old Head Quay.

·         Edge protection risks for Old Quay Head were still being considered.  It had been established there was no Public Right of Way along Old Quay Head.  It was being proposed to install a code-accessed gate to enable access for those who required it for work purposes.

·         The bulged wall at Stone Bench had not deteriorated any further and the catchment netting was working to limit movement.  The wall would be kept under observation.

·         Incidents of teenagers climbing on the Verity plinth and using one of the books on the plinth as a slide had been observed. The risk of falling in to the sea from the plinth has been considered and in the first instance larger signs advising that the plinth was not to be accessed due to safety reasons, would be installed on the railings and the current smaller sign removed.  If this did not have the desired effect, consideration would be given to fixing anti-climb netting over the railings in this area.

Actions completed since last visit – Lynmouth

·         The new Solar Aids to Navigation lights had been installed and the unmetered electrical supply had been disconnected.  The Harbour Master had informed the UK Hydropgraphic Office and Trinity House that the works had been completed.

·         The new Aids to Navigation had been signed up to the Local Aids Navigation Reporting System (LARS), under the Harbour Master for Ilfracombe, to enable Lynmouth to fulfil the responsibility to maintain records of aids to navigation availability.

·         The responsibility regarding the movement of the Sea Defence Boulders rested with Devon County Council, no further action was required by North Devon Council or Lynton and Lynmouth Town Council.

Risk Management – Lynmouth

·         The three yearly, external harbour audit was carried out by ABPmer in June 2023.  The final report had been received with some non-compliances noted:

Ø  The Lynmouth Harbour Safety Management System document did not contain any safety performance of Key Performance Indicators expectations.

Ø  The Lynmouth Harbour Safety Management System document did not contain a policy on training revalidation or maintenance of qualifications.

Ø  The Organisation could not evaluate the objectives of the plan (as seen in section 2.2 of the Lynmouth Harbour Safety Management System) as none were set.

Ø  There was no Harbour Environment Policy or guidance to port users on minimising damage to the marine environment for Lynmouth.

·         These non-compliances could be addressed with revisions to policies and plans making them fit for purpose for Lynmouth Harbour and minor changes to the Safety Management System document.

·         An internal audit of the following topics was undertaken this quarter, although some matters did not apply, given the current non-statutory status of the harbour there were some non-compliances with regards to training requirements and documentation, as were reported in the external audit report:

Ø  Legislation, (Acts, Harbour Revision Orders, Byelaws) and Directions,

Ø  Conservancy (survey, dredging),

Ø  Duty Holder and Designated Person Function; and

Ø  Competency and Training.

·         The Lynmouth Marine Safety Management System (v.7 Feb 2023) was still required to be made available on the North Devon Council website.

·         The public consultation for a Harbour Empowerment Order, which would confirm North Devon Council as the Statutory Harbour Authority for Lynmouth had now closed and the legal process was continuing.

·         Health and Safety at Ilfracombe Harbour continued to be proactively managed by the Harbour Master, with many works now completed.

·         The Status of Lynmouth Harbour as a Statutory Harbour Authority was still progressing and as such there were still some aspects of the Port Marine Safety Code that did not apply.

The Chair congratulated the Harbour Master and Team for their hard work.

RESOLVED that the findings of the Quarterly Designated Person Port Marine Safety Code Audit report be noted.