Watchet Harbour Revision Order 2000

JurisdictionUK Non-devolved
CitationSI 2000/1884

2000 No. 1884

HARBOURS, DOCKS, PIERS AND FERRIES

The Watchet Harbour Revision Order 2000

Made 14th July 2000

Coming into force 18th July 2000

Whereas West Somerset District Council has applied for a harbour revision order under section 14 of the Harbours Act 19641;

And whereas the Secretary of State for the Environment, Transport and the Regions having, in pursuance of paragraph A2 of Schedule 3 to the said Act2, determined that the application is made in relation to a project which falls within Annex II to Council Directive 85/337/EEC3on the assessment of the effects of certain public and private projects on the environment and whose characteristics require that it should be made subject to an environmental assessment, has directed the applicant to supply him with the information referred to in Annex III to the Directive;

And whereas the Secretary of State has in accordance with paragraph 3A of the said Schedule, furnished bodies appearing to him to have environmental responsibilities with the information supplied to him under the said paragraph A2 of that Schedule and has consulted such bodies;

And whereas there were objections made to the applicant which were not withdrawn, and an inquiry was held in accordance with paragraph 4(3) of Schedule 3 to the Harbours Act 1964;

And whereas the Secretary of State has considered the information supplied under paragraph A2 of Schedule 3, the objections made and not withdrawn and the report of the person holding the inquiry, and is satisfied as mentioned in section 14(2)(b) of the said Act;

Now, therefore, the Secretary of State (being the appropriate Minister under subsection (7) of the said section 144) in exercise of the powers conferred by that section and now vested in him5, and of all other powers enabling him in that behalf, hereby makes the following Order:—

1 PRELIMINARY

PART I

PRELIMINARY

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Watchet Harbour Revision Order 2000, and shall come into force on 18th July 2000.

S-2 Interpretation

Interpretation

2.—(1) In this Order:—

“the Act of 1847” means the Harbours, Docks and Piers Clauses Act 18476;

“authorised works” means the works authorised by this Order, or any part of such works;

“the Council” means the West Somerset District Council;

“the deposited plans” and “the deposited sections” mean respectively the plans and sections (numbered Sheets 1 to 7) prepared in duplicate, signed by the Head of Ports Division of the Department of the Environment, Transport and the Regions and marked “Plans and sections Watchet Harbour Revision Order 2000” one copy of which is deposited at the offices of the Department of the Environment, Transport and the Regions and the other at the principal office of the Council at Council Offices, Williton, Taunton, Somerset, TA4 4QA;

“the Environmental Statement” means the document entitled “West Somerset District Council: Watchet Harbour Revision Order Environmental Statement ” dated April 1999 which was supplied to the Secretary of State in pursuance of paragraph A2 of Schedule 3 to the Harbours Act 1964 and made available for inspection in accordance with paragraph 3 of that Schedule;

“the existing enactments” means the Watchet Harbour Act 18607(as applied to the Council by the Watchet Harbour Order 19028), the said Order of 1902, the Watchet Urban District Council Act 19349and the Watchet Harbour Revision Order 197010;

“the harbour” means the harbour of Watchet in the county of Somerset and all places within the harbour limits laid down in the Watchet Harbour Act 1860;

“the harbour master” means the harbour master of the Council and includes his authorised deputies and assistants and any person authorised by the Council to act in that capacity;

“the harbour undertaking” means the harbour undertaking transferred to the Council by the Watchet Harbour Order 1902 as extended by that Order, the Watchet Urban District Council Act 1934 and the Watchet Harbour Revision Order 1970;

“the level of high water” means the level of mean high-water springs;

“the limits of deviation” means the limits of deviation shown on the deposited plan;

“marina” means a facility for yachts and other vessels used wholly or mainly for recreational purposes;

“the marina basin” means the area bounded by works Nos. 1A, 1B and 2, the East Quay, the Eastern Pier and the Esplanade to be used as a marina;

“statutory undertaker” means—

(a) any person who is a statutory undertaker for any of the purposes of the Town and Country Planning Act 199011;

(b) any other person who has a duty or power under the Land Drainage Act 199112;

(c) a coast protection authority within the meaning of section 1 of the Coast Protection Act 194913; and

(d) any operator of a telecommunications code system.

“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters;

“Trinity House” means the Corporation of Trinity House of Deptford Strond;

“vessel” means every description of vessel, however propelled or moved, and includes hovercraft, any floating manufactured article, and anything constructed or used to carry persons or goods by water.

(2) This Order is to be read as if the words “or thereabouts” were inserted after each measurement mentioned in article 3 (Power to construct, etc., works) of this Order.

(3) In this Order—

(a)

(a) any reference to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order; and

(b)

(b) map reference points specified in this Order are Ordnance Survey National Grid reference points.

2 WORKS

PART II

WORKS

S-3 Power to construct, etc., works

Power to construct, etc., works

3.—(1) Subject to the provisions of this Order, the Council may (within the lines and situations shown on the deposited plans and within the limits of deviation and according to the levels shown on the deposited sections) construct and maintain in the harbour the whole or part of the following works:—

Work No. 1A

Reconstruction, repair and resurfacing of the existing slipway which gives access to the harbour and of the adjacent area forming a boat and trailer park commencing at point 307174 E 143423 N and terminating at point 307124 E 143445 N.

Work No. 1B

An impounding wall of solid construction commencing at point 307124 E 143445 N extending in a north-easterly direction until connecting with the Eastern Pier and terminating at point 307288 E 143514 N and having an overall length of 201 metres and an overall width of 5 metres and including a cill commencing at point 307250 E 143518 N and terminating at point 307254 E 143508 N incorporating a tidal gate structure.

Work No. 2

Concrete encasement of the south-western face of the existing sheet pile wall on the Eastern Pier commencing at point 307289 E 143512 N and terminating at point 307340 E 143463 N and having an overall length of 64 metres and of the north-western face of the East Wharf commencing at that point and terminating at point 307252 E 143362 N and having an overall length of 154 metres, together with remedial works to the surface of the East Wharf.

Work No. 3

Construction of a rock armour breakwater in the harbour from west to east between the south-eastern face of the Western Pier at point 307056 E 143500 N and the north-western face of the impounding wall (Work No. 1B) at point 307131 E 143453 N and north of the houses which front onto Market Street.

Work No. 4

Excavation of a trench and construction of a sediment disposal pipe 115 metres in length to be laid in the trench beneath the harbour bed running due north from its junction with Work No. 1B immediately south of the western limit of the Eastern Pier at point 307235 E 143501 N and terminating to the north and east of the eastern limit of the Western Pier at point 307240 E 143615 N.

Work No. 5

Construction of a concrete slipway 80 metres in length running along and abutting the south-eastern side of the Western Pier commencing at point 307041 E 143492 N and terminating at point 307101 E 143545 N with a gradient of 1:12.

Work No. 6

Deepening by way of dredging or excavation of the bed of the harbour where it forms the marina basin and at the entrance to the harbour formed by Western Pier and the Eastern Pier as shown by cross-hatching on the deposited plan.

(2) The Council may, within the limits of deviation, from time to time alter, enlarge, replace, relay, extend or reconstruct temporarily or permanently the authorised works.

(3) During construction of the works Council shall implement the mitigation measures set out in Section 4 (Impact Assessment and Mitigation Measures) of the Environmental Statement.

S-4 Power to make subsidiary works

Power to make subsidiary works

4. Subject to the provisions of this Order, the Council may from time to time within the limits of deviation erect, construct, lay down, place, remove, replace, work or use and maintain whether temporarily or permanently all such works, conveniences, appliances and apparatus and take such measures as they from time to time think fit for the purposes of, or in connection with or incidental to, the construction, maintenance and use of the authorised works or the accommodation or convenience of vessels thereat, including, without prejudice to the generality of the foregoing, pontoons, stagings, quays, jetties, piers, waterways, bridges, approaches, slipways, landing places, berthing heads, boat lifts, mooring posts, buoys, bollards, navigation marks and lights.

S-5 Power to deviate

Power to deviate

5. In constructing the authorised works the Council may deviate laterally from the lines or situations thereof shown on the deposited plans to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding three metres upwards and to such extent downwards as may be found necessary or convenient.

S-6 Power to...

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