The Barking Barrage Order 1995

Power to deviate

4.—(1) In the execution of the scheduled works, or any part thereof, the Borough may deviate laterally from the lines or situations thereof shown on the works plan to any extent within the limits of deviation and may deviate vertically from the levels shown on the sections to any extent upwards or downwards:

• Provided that notwithstanding anything in this article the barrage shall be so constructed that—

  (a)

  the unobstructed opening between the 2 piers, as shown on the works plan and sections, on either side of the navigable channel of the river is not less than 9 metres wide;

  (b)

  the headroom for vessels passing between the said 2 piers is unlimited;

  (c)

  the cill between the said 2 piers, as shown on the sections, is set at 0.5 metres below Ordnance Datum (Newlyn) or at such other level as may be agreed between the Borough and the Port Authority to be the level of the bed of the river at that point immediately before the construction of the barrage is commenced;

  (d)

  the level of the crest to the weir, as shown on the works plan and sections, is set at 2 metres above Ordnance Datum (Newlyn) with a tolerance of plus or minus 10 millimetres; and

  (e)

  the width of the crest of the weir, as shown on the works plan, is not less than 16 metres.

(2) Nothing in paragraph (4) or paragraph (5) of article 3 shall authorise the Borough to execute any part of the scheduled works in contravention of the restrictions imposed by the proviso to the foregoing paragraph of this article.