Newhaven Port Authority

About the spending beach, called the ‘West Beach’

NPP had entered into negotiations with the Town Council, to find a solution to enable the public to be admitted to the area located within the West Breakwater.  NPP suggested an arrangement four months ago in January, to which, despite follow up correspondence asking for a response, we have never received a response.   NPP were therefore surprised to learn, prior to a meeting had already been scheduled, via numerous press releases issued recently, both in the British press and the French press and election campaign, that the Newhaven Town Council, ignoring the offer from NPP, and without further notice had decided to pursue the Village Green application and the suggestion that a public inquiry is scheduled from 6 July.

However, NPP saw one last window of opportunity.   Notwithstanding, the precipitate actions of the Town Council, NPP were prepared to make one last offer of a negotiated settlement which is set out in the attached heads of terms.  NPP understood that a Town Council meeting was scheduled Tuesday 27^Th.NPP’s offer was conditional upon the heads of terms being accepted at this meeting and the Town Council formally agreeing to withdraw the Village Green application.  As this was not agreed by the Town Council then NPP is not prepared to conduct further negotiations.

Now NPP will wait for the Village Green application outcome and will draw conclusions from this outcome regarding the port development.  During the course of these proceedings the area will remain closed.

NPP Board of Directors would like to repeat that they are very committed to the Port of Newhaven, and they are disappointed with the decision of Newhaven Town council which will not allow the local community to go on the beach during the summer period. NPP were expecting to reopen the access to the beach before Easter. An early positive answer from Newhaven Town Council would have allowed this.

In the past three years NPP has invested heavily in the port for its security and development. NPP is making preparation for the future of the port of Newhaven, as an industrial project, and through the Offshore Wind Industry, which will bring employment and wealth to the local community.

STATEMENT OF FACTS

-          2006  

-          The access to the ‘West Beach’ was closed as a result of debris falling from the sea wall. A risk assessment  was carried out and the decision made that the access should be closed forthwith to the general public.

-          The breakwater was subject to a HSE Improvement Notice following an incident in 2005 . A member of the general public was jogging along the breakwater and fell off, causing him serious injury. A further risk assessment was conducted. The risk assessment highlighted the fact there was a significant risk of future serious injury due to the fact that there was no protection to prevent people from falling off the breakwater. A decision was taken to close the access to the breakwater to the general public. The casualty and his club claimed substantial damages against NPP, and it was only after extensive negotiations they discontinued their claim against NPP, accepting evidence that this accident did not occur as a result of NPP negligence.

-          2007  

-          The access was reopened, as an agreement had been made with NTC that they would monitor the site, to protect the public from falling debris. Unfortunately NTC did not honour this undertaking.
           

-          In November, Royal Haskoning carried out a West Wall condition assessment

-          2008 

-          MBHS, H & S consultants, carried a new risk assessment and concluded there was only one course of action to take, which was to close the site to the general public.

-          The situation has been exacerbated by the change in the current UK Law. In April 2008; a new criminal offence of Corporate Manslaughter can into force.

-          The Harbour Byelaws place the responsibility for allowing public access to port land on the Harbour Master 

“No person without permission of the Harbour Master, shall fish in the harbour and no persons shall bathe in that part of the harbour which lays between Horseshoe Sluice and imaginary line drawn from the East pier lighthouse and the Breakwater Lighthouse.”

-          Given the risk assessments and the level of liability, the Harbour Master was not willing to give permission for general public access to port land.,

-          A meeting was held with Newhaven Local Councillors to explain the current situation that the “beach” access steps must be closed with immediate effect,  

-          2009 

-      NTC made an application to register the site as a Village Green under the Common Act 2006.

-          NPP sought to find a sustainable solution regarding the ‘West Beach’, through technical and legal research. Royal Haskoning undertook a relocation study for the beach, beyond the west breakwater. The cost of this relocation is from £100 000 up to £4 000 000!

-          Following this research, , NPP Board of Directors decided to offer to grant a licence of the site to the NTC for  a peppercorn.  

-          2010 

-          25^th January NPP Solicitors sent an official offer to NTC Solicitors, confirming the aim of NPP was to reopen the access before Easter,

-          02^nd February NPP Solicitors asked NTC Solicitors to take instructions from NTC,

-          22^nd February NPP Solicitors asked once again NTC Solicitors to take instructions from NTC,

-          29^th March ESCC informed NPP Solicitors that had requested the Village Green application be set down for hearing. This application was without notice to NPP, and despite the fact that NTC had not responded to the offer made in January.

-          30^th March a meeting was arranged with NTC and NPP. It was a constructive meeting, and  it seemed that an agreement convenient for the both parties could be reached,

-          From early April till 19^th April numerous press releases were issued, both in the British press and the French press and as part of the election campaign. NPP Directors were surprised and annoyed that the Newhaven Town Council, ignoring the offer from NPP and without further notice had decided to pursue the Village Green application and the suggestion that a public inquiry is scheduled from 6 July.

-          However, NPP saw one last window of opportunity.   Notwithstanding, the precipitate actions of the Town Council, NPP were prepared to make one last offer of a negotiated settlement.  

-          19^th April a meeting was held with NTC and Solicitors of the both parties. NPP understood that a Town Council meeting was scheduled Tuesday 27^Th  and a further offer was made by NPP in accordance with the attached heads of terms being conditional upon this being accepted at this meeting and the Town Council formally agreeing to withdraw the Village Green application.

-          NCT were specifically asked at this meeting if there were any other issues that needed to be covered in the heads of terms

-          27^th April – As this was not agreed by the Town Council then NPP is not prepared to conduct further negotiations. During the course of these proceedings the area will of course remain closed.

Heads of Terms

Licence for use in common with NPP and all others authorised by them.

Area:                            Spending beach (excluding breakwater)

Rent:                            Peppercorn

Term:                           10 years

User:                           Use compatible with the recreational function of the Town Council.  Fishing from the
                                     breakwater is prohibited.

                                     Personal to NTC

Insurance:                    NTC to hold Public Liability Insurance

Alterations:                 NTC to be permitted to carry out improvements with the prior approval of NPP and
                                     complying with statutory port requirements.

Good Faith:                It will be acknowledged that

• the parties shall both act in good faith
•  that NPP will not use the powers of closure or termination for frivolous or vexation reasons
• NTC will not attempt to prejudice the port regeneration and redevelopment

Temporary Closure:    On prior reasonable notice to NTC except in the case of an emergency, where
                                        necessary for port operational  use

Termination:   

• Breach of obligation by NTC
• On grounds of Health and Safety
• In the event of port development works which require use or access over site

NTC Obligations:       

• To conduct independent Risk Assessment
• To comply with any recommendations of such Assessment
• Maintain appropriate signage.
• To keep site clean and tidy
• Not to create or permit any pollution of the site or adjoining land 
• To indemnify NPP from breach of any obligation

NPP Obligations:

• To carry out works  to steps for the purpose of  structural stability,  or if further works are to be carried out by the NTC as part of their obligations to contribute NTC the sum which NPP would have paid on such maintenance
• To remove steps to breakwater.
• At their discretion to enforce byelaws as appropriate.