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Oban Bay Update

Argyll and Bute Council · 22 December 2022
Back to Argyll and Bute Harbour Board — 22 December 2022 and its agenda

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ARGYLL AND BUTE COUNCIL  HARBOUR BOARD 
ROADS AND INFRASTRUCTURE
SERVICES 
22 DECEMBER 2022 
OBAN BAY UPDATE 
1.0 INTRODUCTION 
1.1 This report is provided to update Members on the status of plans to establish the
Municipal Oban Harbour and the progress of the Oban Harbour Revision Order
(HRO). 
1.2 The HRO includes proposed external harbour limits which have been justified by
an independent Navigational Risk assessment (NRA) process. 
2.0  RECOMMENDATIONS 
It is recommended that the Harbour Board:- 
2.1 Notes the update provided in this report; 
2.2 Notes the comments referenced from the Consultation period and the Council’s
response thereto; 
2.3 Approves the draft HRO for submission to Transport Scotland as the submission
to be confirmed as an HRO; 
2.4 Notes that the HRO will be submitted to Transport Scotland in the first case on
an informal basis as part of their best practice advice and that should there be
any material alterations requested by Transport Scotland then they will be
brought back to the Harbour Board for approval; and 
2.5 Notes the governance arrangements in respect of the Harbour Authority.   
3.0 DETAIL   
Harbour Revision Order (HRO) 
3.1.1 The draft HRO has been produced by the Service with advice from the Council’s
Legal Services in liaison with external advisers. This was posted on the
Council’s website for public responses and issued to statutory consultees and
others for comment. We received comments from Transport Scotland,
Caledonian Maritime Assets Ltd (CMAL), CalMac Ferries Ltd (CFL), Northern

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Lighthouse Board (NLB) and Oban Community Harbour Development
Association (OCHDA) among others which were reviewed by our legal team and
incorporated where appropriate in the final draft. The HRO is shown in appendix
1. 
Comments and feedback from the consultation can be found here (Click here)  
3.1.2 The draft will be issued to Transport Scotland who will accept this, in the first
instance on an informal basis. This is considered to be best practice and allows
Transport Scotland the opportunity for informal discussion with the Council on
the content before they then accept as a formal submission for public
consultation. Transport Scotland will undertake a 42 day period public
consultation. The draft Order before members today along with the Harbour
limits, if approved, will be submitted to Transport Scotland as the submission to
be confirmed as an HRO. 
3.1.3 An HRO lays out the some of the powers which the Harbour Authority will need
to effectively run the day-to day operations. Other powers are detailed in
historical Acts, some of which need modernising, clarifying or repealed to ensure
modern language and practices are reflected appropriately. The HRO also sets
out the limits of the Statutory Harbour Authority’s jurisdiction in the form of
harbour limits. Transport Scotland, as part of their process, will require
justification for the requested powers and limits to ensure their effects are
reasonable and just. The powers and effects are shown in appendix 2. The
harbour limits are shown in appendix 3. 
Navigational Risk Assessment (NRA)  
3.1.4 In the process of raising a HRO there is a requirement for a Navigational Risk
Assessment (NRA) as part of the assessment process to understand the current
level of marine risk and proposed mitigation for reducing the risk. This follows
the requirements of the Port Marine Safety Code (DfT, 2016).  
3.1.5 The NRA will be reviewed by the Maritime and Coastguard Agency (MCA) as
the competent authority with a marine safety remit for Oban Bay as most of the
area is currently outside of a statutory harbour area. It is used to inform, and
provide justification for, the external limits and jurisdiction of Oban Harbour as
well as the required degree of traffic monitoring and therefore staffing levels. 
3.1.6 Summer observations were completed over the busiest period of traffic from 18th
to the 31st July 2022 and also included engagement with users as well as a
Hazard Identification session (HazID) where users could comment and provides
additional input to augment the observational data. 
External Harbour Limits  
3.1.7 The NRA establishes a navigational baseline on which a decision can be made
on the external limits of the Harbour. It is incumbent on the HRO applicant to
justify any extension to the jurisdiction of its Harbour area in terms of improving
safety for users and the data gleaned from the busiest period of the summer

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fulfils that need.  
3.1.8 The data gathered during this process by ABPMer confirms that the proposed
external limits put forward by Argyll & Bute Council are justified and should now
form part of the HRO application. A further winter observation period required by
the MCA is being conducted in early December and will highlight any additional
mitigation measures which may be required by the winter traffic pattern.   
Consultation 
3.1.9 In addition to the formal HRO process, an informal consultation was carried out
over a 6 week period. As part of this process details were sent to over 1000
addresses including all statutory consultees; Argyll & Bute Council Elected
Members; Commercial and organised groups with an interest in Oban Bay;
Community Councils; 899 individuals within both Oban, Lorn and the Isles
Wards, who have subscribed to the ‘keep in the loop’ subscription service and
was open to the general public via the Argyll & Bute Council website. 
3.1.10 The results have been published on the website (Click here) and are summarised
below: 
Oban Bay as a Municipal Port: Summary of responses from consultation 
Total responses to mail address   65  
Responses supportive of Municipal Port  36 (55.4%)
Responses against Municipal Port  17 (26.1%)
Responses neutral to Municipal Port  12 (18.5%) 
All of the responses were examined and core themes were identified from the
questions, statement and comments. 
The table below summarises those themes and provides a response to each: 
Questions & comments received in the
‘Against’ and ‘Neutral’ categories
(summary)
Response
Does the Oban Bay Management Group
support the Municipal Harbour?
Argyll and Bute Council’s plans for a
Municipal Harbour have the full support of
the Oban Bay Management Group. 
Oban is a distinct and complex harbour;
how can we be confident that Argyll and
Bute Council has the expertise to run it?
Argyll & Bute Council have a Harbour
Master at Oban with a great deal of
experience both in general marine terms
and specifically in managing Oban Bay.
Oban Bay is one of 39 piers and harbours
managed by Argyll & Bute Council,
including five Statutory Harbour Authorities
and one Competent Harbour Authority.
Within the Roads and Infrastructure
Services, the Marine Department have and

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extensive range of experience supported by
(among others) Legal, HR & Technical
Design colleagues. 
What will the staffing be and what hours will
the Harbour operate?
It is envisioned that the Harbour will operate
between 06:00 and 23:00 with up to three
Assistants working with the Harbour Master. 
How will Argyll and Bute Council govern the
harbour and ensure the local community
and stakeholders are involved?
Argyll & Bute Council has Elected Members
directly involved through the transparent
workings of the Harbour Board,
representing not only the local Oban area
but also the wider Islands Communities who
also rely on Oban. There will be the
required and appropriate Harbour User /
Stakeholder Groups which will meet
regularly. 
Will the extra charges discourage visitors
and where will any profits go?
Argyll & Bute Council will receive most of its
income from fees and charges from larger
vessels and CalMac (CFL), whereas locals
and local business will benefit from any
developments made to encourage visitors
to Oban. Conservancy charges etc. made
on non-leisure craft are to cover the costs of
maintaining the port and the duties required
of the Harbour Authority (whomever that
may be) in keeping the Port safe and open
for business. 
Are there any plans for upgrading the port
facilities?
There are plans at an early stage which
look at an extension of the North Pier. The
scope of the proposal would include
extending and strengthening the North Pier
by up to an additional 50m and dredging to
a usable uniform depth of 5m to facilitate
and future proof the berthing face for
commercial customers. The works would
help to ensure a safe and efficient through
traffic management of commercial and
private vehicles using the pier. 
Why do we need any change, surely
existing COLREGS are enough for safety?
The formal management of the larger bay
area allows the Harbour Authority to enforce
legislation (like COLREGS) and other safety
rules (like speed limits). Without the
inclusion of the larger bay area in a new
HRO, there is the possibility of disruption or
incidents which take place outside the
jurisdiction of the existing Authorities. Local
leisure and regular users should not notice
much of a difference in the Day-to-Day
running of the Bay.

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Will the harbour eventually be transferred to
CMAL or run for the benefit of CalMac
ferries?
Oban Bay is recognised as an important
strategic asset within Argyll & Bute. The
Council will run and maintain Oban Harbour
for the benefit of all users, including CFL
(CalMac) and that after a period of bedding
in, there will be a further report to Members
on the potential for and exploration of the
future development of a 
Trust Port. 
Will small leisure craft still be able to launch
for free and have access to the bay?
Argyll & Bute Council operates an ‘Open
Port’ policy which ensures that safe access
and safe use of our Ports and Harbours is
enjoyed by the public. Leisure craft will be
exempt from Conservancy Fees. 
The Council have been keeping groups and the general public informed through
regular updates on the Argyll & Bute Council website which can be viewed by
using the following link: 
Click here   
Governance arrangements  
3.2.1 The  Council’s Constitution sets out that its functions as a harbour authority are 
carried out by the  Harbour Board which is a committee of the Council consisting
of elected members and is authorised to discharge the powers and duties of the
Council as a Statutory Harbour Authority in respect of general and specific
statutory duties. The Council as the legal body required to exercise the functions
of the harbour authority, is named as the harbour authority within the text of the
draft Order.   
3.2.2 The HRO will designate the Council as the harbour authority for the Harbour.
This designation will not affect CMAL's existing position as harbour authority for
the Railway Pier, nor will it affect the existing rights and duties of the Northern
Lighthouse Board.  
3.2.3 Some of the feedback asked that the Council either manage the harbour area at
Oban through a body named the Oban Harbour Board, or a sub-committee of
the existing Harbour Board named the Oban Advisory Committee with
delegated executive powers and having a membership consisting of 50%
elected members (i.e. councillors) and 50% major stakeholders. 
3.2.4 The feedback also made reference to the Ports Good Governance Guidance,
which is produced by the UK Department of Transport. Part C of that guidance
states that harbour management committees for local authority owned ports
should ideally consist of approximately 50% local authority elected members
and the remainder external appointees.  However, the Department of Transport
states in the guidance it applies to statutory harbour authorities in England and,

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in certain circumstances, Wales. The guidance does not directly reference
Scottish Councils or Statutory Harbour Authorities and is not legally binding.  
3.2.5 The feedback also indicated a desire to have community engagement in the
operation of the harbour. The Harbour Board, in exercise of its functions will
consult with harbour users and other interested groups (including community
groups) on the operation/management and development of Oban harbour. It is
willing to put in place appropriate arrangements to that end. At present, there is
a management committee which the Council uses to consult with other users of
Oban harbour.  
3.2.6 A consultative forum would not have any formal powers over the operation of
Oban harbour so the draft Order cannot make provision for it. The purpose of
the Order is to set out the Council's formal powers as harbour authority over the
Oban harbour area. However, the Council can seek agreement amongst
interested parties as to the arrangements for consultation and can, if
appropriate, set those arrangements out separately in writing.   
Next Steps 
3.2.7 The key statutory and notable milestones for subsequent reports to the Harbour
Board are: 
(1) Any clarifications or amendments requested by Transport Scotland or MCA
will be presented to a further Harbour Board meeting for Members review
and approval.
(2) Advertisement of the application in Edinburgh and local press following
receipt of the HRO by Transport Scotland.
(3) 42 days for formal consultation as per the HRO process.
(4) Addressing any issues and objections.
(5) Decision by Ministers on HRO.
(6) Order is made. 
4.0 CONCLUSION 
4.1 This report provides an update to Members on the status of plans to establish
the Municipal Oban Harbour and the progress of the Oban Harbour Revision
Order (HRO). 
4.2 The HRO includes proposed external Harbour Limits which have been justified
by an independent Navigational Risk assessment (NRA) process. 
5.0 IMPLICATIONS 
5.1 Policy – The Harbour Board agreed in December 2021 that the Council should
proceed to make the arrangements to formally manage the unmanaged
section of Oban Bay.

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5.2 Financial – No financial implications at this stage.  As the proposal develops
further detail will be brought to the Harbour Board.   
5.3 Legal – the HRO process is a formal legal process set out in the 1964
Harbours Act. 
5.4 HR – HR implications will be identified as the proposal progresses.   
5.5  Fairer Scotland Duty: 
5.5.1   Equalities – None known. 
5.5.2   Socio-economic Duty – None known.
5.5.3 Islands – consultation will continue to include island communities with special
interest and connections with Oban as required by the process.
5.6 Climate Change – due regard will be given to climate change with a view to
minimising any climate change impact and these will be considered as and
when they arise.  
5.7 Risk - The Council progressing to become a Municipal Port Authority for the
unmanaged areas of Oban Bay increases the safety within Oban Bay.  There
is a risk that there could be a number of objections and representations during
the process which could impact on timescale and these will be considered as
and when they arise.  
5.8  Customer Service – Improved and safer environment for all users. 
Kirsty Flanagan, Executive Director with responsibility for Roads and Infrastructure 
Jim Smith, Head of Roads and Infrastructure 
Policy Lead for Roads and Transport, Councillor Andrew Kain 
December 2022 
For further information contact: Jim Smith, Head of Roads and Infrastructure, or
Scott Reid, Marine Operations Manager 
APPENDICES 
Appendix 1. Proposed HRO draft for submission to Transport Scotland 
Appendix 2. Purpose and Effects note
Appendix 3. Proposed external limits to Oban Harbour