The Stornoway Port Authority Harbour Revision Order 2019

PART 3 WORKS

Power to construct works

12.  The Authority may in the lines and situations and within the limits of deviation and according to the levels shown on the deposited plans and sections construct and maintain the following works—

• Work No. 1 - Newton Marina - The reclamation and infilling of an area comprising 20,500 square metres of the seabed and foreshore at Newton Basin and the levelling of that area to form a platform to accommodate boat storage, a boatyard building, boat sheds, and support facilities buildings, and parking areas for the proposed marina, having a concrete retaining wall or rock armoured revetted slope on its northern perimeter, and rock armoured revetted slopes on its western and eastern perimeters, the location of which is shown on sheet 3, with the limits of deviation shown in red, and sections of which are shown on sheet 4.

• Work No. 2 – Newton Marina - A rubble mound breakwater 75 metres long and 20 metres wide at its base, with rock armoured revetted slopes, to provide shelter for the proposed marina, the location of which is shown on sheet 3, with the limits of deviation shown in green, and sections of which are shown on sheet 4.

• Work No. 3 – Newton Marina - A concrete-surfaced slipway 50 metres long and varying in width at its base from 10 metres to 23 metres, with rock armoured revetted slopes on its sides, for the launching and recovery of small boats from trailers, the location of which is shown on sheet 3, with the limits of deviation shown in yellow, and sections of which are shown on sheet 5.

• Work No. 4 – Newton Marina - A pontoon facility comprising floating pontoons, configured to provide a main walkway, and three berthing walkways, each with finger and walkway pontoons, restrained in place by steel cantilever piles driven into the bed of the harbour, and including an access bridge connecting to the shore, the location of which is shown on sheet 3, with the limits of deviation shown in blue, and a section of which is shown on sheet 5.

• Work No. 5 – Newton Marina - A boat hoist support structure, comprising two steel beams 37 metres long 0.7 metres deep and 1.2 metres wide supported on 12 steel bearing piles 508 millimetres in diameter, driven into the bed of the harbour, and protected on its east side by a pontoon fender, to allow the recovery and launching of vessels up to 80 tonnes in weight, the location of which is shown on sheet 3, with the limits of deviation shown in pink, and sections of which are shown on sheet 5.

• Work No. 6 – Newton Marina – A new passing place on the causeway to Goat Island, formed by building a rock armoured rock fill extension on the west side of the causeway, with a surfaced road area of 110 square metres, the location of which is shown on sheet 3, with the limits of deviation shown in orange, and sections of which are shown on sheet 5.

• Work No. 7 – Newton Marina – Two boat sheds, 12.5 metres long, 5 metres wide and 6 metres high, comprising steel profile clad steel framed buildings with roller shutter doors, to replace existing boat sheds which are to be removed, the location of which is shown on sheet 3, with the limits of deviation shown in brown, and sections of which are shown on sheet 6.

• Work No. 8 – Deep Water Port - The reclamation and infilling of an area comprising 59,000 square metres of the seabed and foreshore and the excavation by blasting and levelling of 50,000 square metres of adjacent land, to form quayside working areas, laydown and storage areas, marshalling and parking areas for a freight ferry, and development areas, having a berthing quay wall at its east edge, rock armoured revetted slopes at the north and south edges of the reclamation and rock faces around the edges of the excavated area, the location of which is shown on sheet 7, with the limits of deviation shown in red, and a section of which is shown on sheet 9.

• Work No. 9 – Deep Water Port - A pier of solid construction, 180 metres in length and 20 metres in width, connected to the north east corner of Work No. 8, the location of which is shown on sheet 7, with the limits of deviation shown in green, and sections of which are shown on sheet 9.

• Work No. 9A (alternative to Work No. 9) – Deep Water Port – In the event that Work No. 9 does not proceed, a concrete mooring dolphin, 12m square, supported on tubular steel piles, the location of which is shown on sheet 7, with the limits of deviation shown in brown, and a section of which is shown on sheet 9.

• Work No. 9B – Deep water Port - A concrete mooring dolphin, 12m square, supported on tubular steel piles, the location of which is shown on sheet 7, with the limits of deviation shown in mauve, and a section of which is shown on sheet 9.

• Work No. 10 – Deep Water Port - A steel linkspan bridge 40 metres long and 10 metres wide supported on two open piled dolphins at its seaward end and on Work No.8 at its landward end, the location of which is shown on sheet 7, with the limits of deviation shown in yellow, and sections of which are shown on sheet 9.

• Work No. 11 – Deep Water Port - A road 270 metres long and 8 metres wide connecting Work No. 8 to the existing Arnish access road, constructed by excavation by blasting and levelling and with bituminous surfacing, the location of which is shown on sheet 7, with the limits of deviation shown in blue, and sections of which are shown on sheet 10.

• Work No. 12 – Deep Water Port - A road 800 metres long and 25 metres wide, connecting Work No. 8 to the Arnish Fabrication Yard, constructed variously by reclamation and infilling and by excavation by blasting and levelling, the location of which is shown on sheet 7, with the limits of deviation shown in cerise, and sections of which are shown on sheets 10 and 11.

• Work No. 13 – Deep Water Port - The reclamation and infilling of an area comprising 32,000 square metres of the seabed and foreshore and the excavation by blasting and levelling of 30,000 square metres of adjacent land, known as ‘Phase 2’ Works, adjoining Work No. 8, to form quayside working areas and laydown and storage areas, having a berthing quay wall at its east edge, rock armoured revetted slopes at the south edge of the reclamation and rock faces around the edges of the excavated area, the location of which is shown on sheet 8, with the limits of deviation shown in red, and a section of which is shown on sheet 11.

• Work No. 14 – Deep Water Port - The reclamation and infilling of an area comprising 33,000 square metres of the seabed and foreshore and the excavation by blasting and levelling of 23,000 square metres of adjacent land, known as ‘Phase 3’ Works, adjoining Work No. 13, to form quayside working areas and laydown and storage areas, having a berthing quay wall at its north edge and rock faces around the edges of the excavated area, the location of which is shown on sheet 8, with the limits of deviation shown in green, and a section of which is shown on sheet 12.

• Work No. 15 – Deep Water Port - The reclamation and infilling of an area comprising 27,000 square metres of the seabed and foreshore and the excavation by blasting and levelling of 19,000 square metres of adjacent land, known as ‘Phase 4’ Works, adjoining Work No. 8, to form quayside working areas and laydown and storage areas, having a berthing quay wall at its eastern edge, rock armoured revetted slope on its north edge, and rock faces around the edges of the excavated area, the location of which is shown on sheet 8, with the limits of deviation shown in blue, and a section of which is shown on sheet 12.

Power to renew, etc. works

13.  The Authority may, within the limits of deviation, renew, replace, extend or otherwise alter temporarily or permanently the works authorised by article 12 of this Order.

Power to deviate

14.  In the construction or execution of the renewal, replacement, extension or alteration of the works the Authority may deviate laterally from the lines or situations shown on the deposited plans and sections to any extent not exceeding the limits of deviation and may deviate vertically from the levels of the works shown on the deposited plans and sections to any extent not exceeding 3 metres upwards and to such extent downwards as may be necessary or convenient.

Rights of navigation to be interfered with

15.  On the day on which this Order comes into force any rights of navigation within the harbour shall be extinguished to the extent only that the exercise of such rights would be prevented or hindered by the construction, presence, use or maintenance of the works authorised by article 12 (power to construct works).

Subsidiary works

16.  The Authority may from time to time within the limits of deviation construct, maintain and operate, whether temporarily or permanently, such other works as may be necessary or convenient for the purposes, or in connection with or in consequence of, the construction, maintenance or use of the works of the port; including works for the accommodation or convenience of vessels or for the loading and unloading of goods and the embarking and landing of passengers.

Power to dredge

17.—(1) Without prejudice to any other powers which may be exercisable by the Authority within the harbour, the Authority may, for the purposes of constructing and maintaining the works or the harbour, and of affording access to the harbour by vessels, from time to time deepen, dredge, scour, cleanse, alter and improve so much of the bed, shores and channels of the harbour as lie within the limits of the harbour and may use, appropriate or dispose of the materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act), from time to time dredged by them.

(2) No such materials shall be laid down or deposited—

(a) in contravention of the provisions of any enactment as respects the disposal of waste, or

(b) in any place below the level of high water otherwise than in such a position and under such conditions and restrictions as may be approved or prescribed by the Scottish Ministers.

Obstruction of works

18.  Any person who intentionally obstructs any person acting under the authority of the Authority in setting out the lines of or constructing the works or who damages, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Period for completion of works

19.—(1) Subject to paragraph (2), if the works are not substantially completed within ten years from the coming into force of this Order or such extended time as the Scottish Ministers may on the application of the Authority allow by consent in writing, then on the expiration of that period or such extended time (as the case may be) the powers granted by this Order to the Authority for making and maintaining the works shall cease except as to those works as are at that time substantially commenced.

(2) Nothing in paragraph (1) shall apply to any works carried out under article 13 (power to renew etc. works), article 16 (subsidiary works) or article 17 (power to dredge).

(3) A consent given under paragraph (1) may be given unconditionally or subject to terms and conditions.

(4) As soon as reasonably practicable after a consent is given under paragraph (1), the Authority shall arrange for a notice to be published in the Edinburgh Gazette and in a local newspaper circulating in the area where the harbour is situated and the notice shall contain a concise summary of that consent.

(5) During the period of one month beginning with the date on which any notice is published in the Edinburgh Gazette and a local newspaper under paragraph (4), a copy of the consent referred to in that notice shall be kept by the Authority at the office of the Authority situated at the harbour and shall be open to public inspection without payment between the hours of 9.00 am and 5.00pm