The Felixstowe Dock and Railway Harbour Revision Order 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/3219 |
| Year | 2007 |
2007 No. 3219
HARBOURS, DOCKS, PIERS AND FERRIES
The Felixstowe Dock and Railway Harbour Revision Order 2007
Made 9th November 2007
Coming into force 13th November 2007
The Felixstowe Dock and Railway Company have applied for a harbour revision order under section 14 of the Harbours Act 19641.
The Secretary of State is satisfied as mentioned in section 14(2)(b) of that Act.
The Secretary of State (being the appropriate Minister under subsection (7) of section 142of that Act) in exercise of the powers conferred by that section and now vested in her3makes the following Order.
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Felixstowe Dock and Railway Harbour Revision Order 2007 and shall come into force on 13th November 2007.
Interpretation
2.—(1) In this Order—
“the 1988 Act” means the Felixstowe Dock and Railway Act 19884;
“area of seaward construction activity” means the area of the sea within the limits of deviation shown on the deposited plans;
“the Company” means the Felixstowe Dock and Railway Company;
“control tower” means a building comprising an area at ground level not exceeding 350 square metres and having a height above ground level not exceeding 19 metres to be located on the north side of the work and to be used for regulating the movement of vessels;
“deposited plans” and “deposited sections” mean respectively the plans and sections (numbered sheets 1, 2 and 3) prepared in duplicate, signed by the Head of the Ports Division in the Department for Transport and marked “The Felixstowe Dock and Railway Harbour Revision Order 2007” of which copies are deposited at the offices of the Secretary of State for Transport and the registered office of the Company;
“dock” means the dock constructed by the Company in pursuance of the powers conferred on them by the Felixstowe Dock and Railway Acts and Orders 1879 to 2002 and this Order and includes the open cut or channel also constructed under those powers, and all other works, land, buildings, ancillary works, plant, property and conveniences connected with them, as from time to time existing;
“Dock Basin” means that part of the dock shown on sheet 2 of the deposited plans and described as “Dock Basin”;
“Harwich Haven Authority” has the meaning assigned by the Harwich Harbour Acts and Orders 1973 to 2000;
“level of high water” means the level of mean high-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plans subject to the modifications set out in article 5(2);
“proposed viewing area” means the proposed viewing area referred to in article 8;
“the river” means the river Orwell;
“tidal work” means so much of any work authorised by this Order as is on, 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;
“the undertaking” means the harbour undertaking of the Company as authorised from time to time;
“work” means any work authorised by article 4.
(2) All points, directions, lengths, areas and other measurements stated in this Order (other than the limits of deviation) shall be construed as if the words “or thereabouts” were inserted after each such point, direction, length, area or other measurement.
(3) Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.
Limits of dock
3.—(1) The limits of the dock within which the Company shall exercise jurisdiction shall be the area described in Schedule 1 to this Order and shown, for the purpose of identification only, edged red on sheet 3 of the deposited plans; and in the following provisions of this Order, references to the limits of the dock shall be construed as references to the limits so described.
(2) Any references to the limits of the dock contained in the Felixstowe Dock and Railway Acts and Orders 1879 to 2002 or in any byelaws, orders or regulations made under those Acts or Orders, shall be construed as references to the limits described in Schedule 1 to this Order.
(3) Article 3 (Limits of dock) of, and Schedule 1 to, the Felixstowe Dock and Railway Harbour Revision Order 20025are revoked.
PART 2
WORKS PROVISIONS
Power to construct works
4.—(1) Subject to the provisions of this Order, the Company may, in the lines and situations and upon the lands delineated on the deposited plans and within the limits of deviation and according to the levels shown on the deposited sections, construct and maintain the following work, with all necessary works and conveniences connected therewith—
A quay, including berths for vessels, together with quayside cranes and a control tower, extending into Harwich Harbour from the walls of the Dock Basin and the existing quay lines and enclosing an area of 28.4 hectares of the bed of the Dock Basin and the bed of Harwich Harbour being the area enclosed by those walls and those quay lines and by an imaginary line commencing at a point at TM 2792333280 thence extending in a straight line to a point at TM2789333205, thence extending in a straight line to a point at TM2773333268, thence extending in a straight line to a point at TM2769833254, thence in a straight line to a point at TM2821431953, thence in a straight line to a point at TM2822731848 and thence in a straight line to a point at TM 2825731840.
(2) The Company may, for the purposes of the work authorised by paragraph (1), demolish and remove the structures lying within the limits of deviation (including the oil jetty, pipes, piers and pontoons) and enclose and reclaim so much of the bed of the Dock Basin and of Harwich Harbour and of the foreshore as lies within the limits of deviation and may hold and use the same as part of the undertaking.
(3) Subject to the provisions of this Order, the Company may, within the limits of deviation, reconstruct, extend, enlarge, replace or relay the work and may maintain the same as reconstructed, extended, enlarged, replaced or relaid.
(4) The work shall for all purposes form part of the undertaking.
Power to deviate
5.—(1) In the construction of the work the Company may deviate laterally from the lines or situations thereof shown on the deposited plans to any extent not exceeding the limits of deviation and may deviate vertically from the levels of the work shown on the deposited sections to any extent not exceeding 1 metre upwards and to any extent downwards as may be necessary or convenient.
(2) When the work has been constructed the southerly and westerly limits of deviation shall be 44 metres seaward of the proposed viewing area, extending in a north-westerly direction 3 metres seaward of the proposed quay face and continuing north-westward to the northern limit of deviation.
Subsidiary works
6.—(1) The Company may from time to time within the limits of deviation provide and operate such dock facilities, together with works ancillary to those facilities, as may be necessary or convenient for the construction of the work or the operation of the undertaking, and for this purpose the Company may construct and maintain roads, buildings, sheds, offices, workshops, depots, walls, foundations, fences, gates, tanks, pumps, conduits, pipes, drains, wires, mains, cables, electrical substations, signals, conveyors, cranes, container handling equipment, lifts, hoists, lighting columns, weighbridges, stairs, ladders, stages, platforms, catwalks, equipment, machinery and appliances and such other works and conveniences as may be necessary or expedient.
(2) Without prejudice to paragraph (1), the Company may within the limits of deviation carry out and maintain such other works as may be necessary or convenient for the purposes of, or in connection with or in consequence of, the construction, maintenance or use of the work including—
(a)
(a) works for the accommodation or convenience of vessels (including dolphins and pontoons); and
(b)
(b) works to alter the position of apparatus, including mains, sewers, drains, pipes, conduits, cables, electrical substations and electrical lines.
(3) Article 3 of, and Parts 11 and 17 in Schedule 2 to, the Town and Country Planning (General Permitted Development) Order 19956(which respectively permit development authorised by a harbour revision order designating specifically both the nature of the development authorised and the land on which it may be carried out and development of operational land in respect of a dock or harbour undertaking) shall have effect in relation to a work as if the authority to develop given thereunder excluded buildings or any other structures or erections (including, without prejudice to the generality of the foregoing, stacks of goods, materials or shipping containers) above a height of 17 metres from ground level as shown on the deposited plans, other than the control tower, lights and lighting towers, cranes, trolleys, gantries, jibs or booms required for the construction of the work or the operation of the undertaking.
Period for completion of work
7.—(1) Subject to paragraph (2), if the work is not completed within ten years from the coming into force of this Order or such extended time as the Secretary of State may on the application of the Company allow, then on the expiration of that period or such extended time (as the case may be) the powers by this Order granted to the Company for making and maintaining the works shall cease except as to so much thereof as is then substantially commenced.
(2) Nothing in paragraph (1) shall apply to any works carried out under paragraph (3) of article 4 or article 6.
Viewing area for members of public
8. At any time after the work has been constructed...
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