The Borough of Poole (Poole Harbour Opening Bridges) Order 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/2310 |
2006 No. 2310
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
The Borough of Poole (Poole Harbour Opening Bridges) Order 2006
Made 24th August 2006
Coming into force 14th September 2006
An application has been made to the Secretary of State, in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 20001, for an Order under sections 3 and 5 of the Transport and Works Act 1992 Act2(“the Act”);
The Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the Act.
The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any substantial change in the proposals.
The Secretary of State is of the opinion that the primary object of this Order cannot be achieved by means of an Order under the Harbours Act 19643.
The Secretary of State is satisfied that the provision of an alternative right of way for the street mentioned in article 8 of this Order is not required.
Notice of the Secretary of State’s determination was published in the London Gazette on 14th August 2006.
Accordingly, the Secretary of State in exercise of the powers conferred on him by sections 3 and 5 of, and paragraphs 1 to 4, 7, 8, 10, 11, 13, 15, 16 and 17 of Schedule 1 to, the Act and by article 2 of the Transport and Works (Description of Works Interfering with Navigation) Order 19924makes the following Order:—
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Borough of Poole (Poole Harbour Opening Bridges) Order 2006 and shall come into force on 14th September 2006.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19615;
“the 1965 Act” means the Compulsory Purchase Act 19656;
“the 1980 Act” means the Highways Act 19807;
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 19818;
“the 1990 Act” means the Town and Country Planning Act 19909;
“the 1991 Act” means the New Roads and Street Works Act 199110;
“the 2003 Act” means the Communications Act 200311;
“the Application Rules” means the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000, made under sections 6, 6A, 7 and 10 of the Transport and Works Act 1992;
“the authorised works” means the scheduled works and any other works authorised by this Order;
“the Back Water Channel” means the navigable channel between Holes Bay and Poole Harbour between reference points 401000E, 090200N and 400400E, 091350N;
“the Board” means Poole Harbour Bridges Operating Board;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“the bridges” means the new bridge and the existing bridge or either of them where the context so requires;
“the Commissioners” means Poole Harbour Commissioners;
“the Council” means the Council of the Borough and County of the Town of Poole;
“the deposited plans” means the plans prepared pursuant to rule 12(1)(a) and (3) of the Applications Rules and certified by the Secretary of State as “the deposited plans” for the purposes of this Order;
“the deposited sections” means the sections certified by the Secretary of State as “the deposited sections” for the purposes of this Order;
“designated area” means the lands shown on the deposited plans and numbered 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 42 and 46 in the Borough of Poole;
“the existing bridge” means the existing opening bridge crossing the Back Water Channel and known as Poole Bridge;
“footpath”, “highway” and “highway authority” have the same meanings as in the 1980 Act;
“the harbour master” means the harbour master appointed by the Commissioners and includes his authorised deputies and assistants and any person authorised by the Commissioners to act as harbour master;
“the level of high water” means the level of mean high water springs;
“the limits of deviation” means the limits of deviation for the scheduled works shown on the deposited plans;
“the limits of dredging” means the lines marked “limits of dredging” shown on the deposited plans;
“the limits of land to be acquired or used” means the limits of land to be acquired or used shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“mooring” means any buoy, pile, post, chain, pillar, pontoon, fixed rail or like apparatus or convenience provided or used for the mooring of vessels;
“the new bridge” means the works referred to in Schedule 1 to this Order;
“the Order limits” means any limits of deviation, any limits of dredging and any additional limits of land to be acquired or used which are shown on the deposited plans;
“scheduled works” means the works specified in Schedule 1 to this Order or any part of them;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;
“tidal work” means so much of any work authorised by this Order as is in, under or over tidal waters or tidal lands below the level of high water;
“the tribunal” means the Lands Tribunal;
“Trinity House” means the Corporation of Trinity House of Deptford Strond; and
“vessel” means every description of vessel with or without means of propulsion of any kind and includes anything constructed or used to carry persons, goods, plant or machinery, or to be propelled or moved, on or by water, a seaplane on or in the water and a hovercraft within the meaning of the Hovercraft Act 196812.
(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space over its surface and references to the subsoil of any land include references to any arch or other construction forming part of any such land.
(3) References in this Order to points identified by letters shall be construed as references to the points so marked on the deposited plans.
(4) References in this Order to reference points shall be construed as references to Ordnance Survey National Grid Reference points.
(5) All distances, directions, lengths and reference points stated in the description of the scheduled works or in any descriptions of powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, direction, length, reference point and distances between points on a scheduled work shall be taken to be measured along the scheduled work.
PART 2
WORKS PROVISIONS
Principal powers
Power to construct etc. works
3.—(1) The Council may construct and maintain the scheduled works.
(2) Subject to article 4, the scheduled works may only be constructed in the lines and situations shown on the deposited plans within the limits of deviation and in accordance with the levels shown on the deposited sections.
(3) The Council may operate the new bridge and may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, namely—
(a)
(a) works to install, or alter the position of, apparatus, including mains, sewers, drains and cables; and
(b)
(b) works for the benefit or protection of premises affected by the scheduled works.
Power to deviate
4.—(1) In constructing or maintaining the scheduled works, the Council may, subject to paragraph (2), deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation and may deviate vertically from the levels shown on the deposited sections—
(a)
(a) to any extent not exceeding 3 metres upwards as to any part of the scheduled works;
(b)
(b) to any extent not exceeding 0.2 metre downwards as to the decking of the new bridge; and
(c)
(c) to any extent downwards as to any other part of the scheduled works.
(2) In constructing the new bridge the Council shall provide headroom of not less than 2.5 metres above the level of high water over the central navigation channel.
Power to make subsidiary works
5.—(1) Subject to the provisions of this Order the Council may from time to time within the Order limits or on any land vested in the Council at the date of the making of this Order, construct and maintain, whether temporarily or permanently, all such works as may be requisite or expedient for the purposes of, or for purposes ancillary to, the construction, maintenance and use of the scheduled works.
(2) Without prejudice to the generality of paragraph (1), the Council may within the lands delineated on the deposited plans and thereon numbered 39 in the Borough of Poole construct and maintain a control centre for the purposes of operating the new bridge.
(3) Without prejudice to the generality of paragraph (1) the Council may within the designated area, for the purposes of or in connection with the construction, operation or maintenance of the scheduled works—
(a)
(a) construct, place, alter, relocate or replace any work, mooring or structure whether temporary or permanent;
(b)
(b) use, appropriate and dispose of any materials obtained by it in carrying out any such operations;
(c)
(c) remove or relocate any mooring; and
(d)
(d) temporarily moor or anchor vessels and structures and load and unload into and from such vessels or structures equipment, machinery, soil and any other materials in connection with the authorised works,
in such manner and to such extent as may appear to the Council to be...
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