The Portland Harbour Revision Order 2010

PART 3 MISCELLANEOUS AND GENERAL

Disapplication of regulation 60 of the Conservation (Natural Habitats, &c.) Regulations 1994

17.—(1) Regulation 60 of the Conservation (Natural Habitats, & c.) Regulations 1994(1) shall not apply to any planning permission which relates to the development authorised by this Order and which is granted by article 3(1) of the Town and Country Planning (General Permitted Development) Order 1995(2) for the class of development described as permitted development in Part 11 of Schedule 2 to that Order.

(2) Paragraph (1) does not apply if and to the extent that the development—

(a) does not form part of the plan and project which was subject to an appropriate assessment in accordance with regulation 48 of the Habitats Regulations in connection with the making of this Order; and

(b) is not subject to a further consent, permission or authorisation by a competent authority as defined in the Habitat Regulations.

Crown rights

18.—(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular nothing in this Order authorises the Company to take, use, enter upon or in any manner interfere with, any land, hereditaments or rights of whatsoever description (including any part of the shore or bed of the sea or any other river, channel, creek, bay or estuary)—

(a) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners, or

(b) belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.

(2) A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary as appropriate.

Saving for Trinity House

19.  Nothing in the provisions of this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.

For the protection of the Environment Agency

20.  Nothing in this Order or in any enactment applied by this Order shall prejudice or affect the operation of section 109 of the Water Resources Act 1991(3) or any byelaw made under that Act or the Land Drainage Act 1991(4) in relation to anything done under or in pursuance of this Order.

For the protection of the Marine & Fisheries Agency

21.  Nothing in this Order or in any enactment applied by this Order shall prejudice or affect the operation of Part II of the Food & Environment Protection Act 1985(5) or any byelaw made under that Act in relation to anything done under this Order.

For the protection of the Ministry of Defence Noise Range

22.—(1) In this article, references to the “noise testing range” shall mean the Ministry of Defence Noise Testing Range identified by paragraph 5(b) of Part II of Schedule 2 to the 1997 Order and references to “construction activities” shall mean piling, dredging, hammering (including the use of windy hammers), the use of reciprocating engines on support vessels or ashore where those engines are not on a vehicle or acoustically rafted bed, the use of generators and activities involving percussion equipment.

(2) The Company shall—

(a) prohibit construction activities in connection with the authorised works from taking place during times when the noise testing range is being used for testing purposes provided that such times have been notified in writing to the Company no less than 28 days in advance; and

(b) use all reasonable endeavours to prohibit construction activities in connection with the authorised works from taking place during times when the noise testing range is being used for testing purposes where less than 28 days notice has been given in respect of urgent operational requirements for testing.

(3) From the date of the completion of the works to extend the Outer Coaling Pier, every vessel berthed at the new berths on the Outer Coaling Pier and at the berths situated on the original north eastern arm of the Outer Coaling Pier shall be connected to shore side electricity during times when the noise testing range is being used for testing purposes.

(4) From the date of the completion of the works to extend the Outer Coaling Pier the Company will use reasonable endeavours during times when the noise testing range is being used for testing purposes to require all vessels berthed at the new berths on the Outer Coaling Pier and at the berths situated on the original north eastern arm of the Outer Coaling Pier to be moored in such a way as to ensure that their sterns are orientated in a south-west direction.

For the protection of defence related purposes

23.  Nothing in this Order shall prejudice or affect or derogate from the protections given to defence related purposes by article 56 of, and Schedule 2 to the 1997 Order.

(1)

S.I. 1994/2716.

(2)

S.I. 1995/418.

(3)

1991 c. 57; section 109 was amended by the Environment Act 1995 (c. 25), section 120 (1), Schedule 22, paragraph 128.

(4)

1991 c. 59.

(5)

1985 c. 48.