The Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010

Articles 3(4) and 4(5)

SCHEDULE 2 RESTRICTIONS ON WORKS

1.  In this Schedule—

(a) “building” does not include any form of crane or flood lighting column or tower or communication, radar, CCTV mast, or tower or similar such structure; and

(b) “the Terminal” means Works Nos. 1 to 6.

New quay

2.  The face of the new quay authorised as part of Work No. 1 shall be constructed at an elevation at least 10 metres AOD.

Containers and associated equipment

3.  Quayside container cranes may only be used in the area shown edged red on sheet 20 of the deposited plans and must not—

(a) exceed 15 in number; or

(b) exceed 130 metres in height (with booms up) above the constructed ground level of Work No. 1.

4.  Container stacks in the Terminal shall not exceed a maximum height of—

(a) 24 metres above the constructed ground levels of Works Nos. 1, 2, 5 and 6 in the area shown edged green on sheet 20 of the deposited plans; or

(b) 15 metres above the constructed ground levels of Works Nos. 1, 2, 5 and 6 in any part of the Terminal other than the area referred to in paragraph (a).

5.  In the Terminal, gantry cranes used for stacking or otherwise handling containers shall not exceed a maximum height of 25 metres above the constructed ground levels of Works Nos. 1, 2, 5 and 6.

Other height restrictions

6.  No building constructed within the Terminal shall exceed a height at its eaves of 15 metres above the constructed ground level.

7.  Security fencing and other fencing within and around the boundary of the Terminal shall not exceed 3 metres in height above the constructed ground level.

8.  Lighting towers within the Terminal shall not exceed 30 metres in height above the constructed ground level but this shall not prevent the use of lights on quayside container cranes and other quayside and container and general cargo handling equipment.

Other works restrictions

9.  No more than 15 railway sidings shall be constructed within the limits of deviation for Work No. 5.

10.  No pylons or overhead power supply cables may be constructed within the Terminal as part of the works.

Restrictions on use

11.  Once constructed no part of the water frontage of the new quay authorised by Work No. 1 may be used other than for the berthing (including lay-by) and accommodation of vessels.

12.  Construction plant, concrete batching and aggregate plants, temporary grading, washing and weighing plant, temporary bridges, conveyor systems, temporary accesses, temporary buildings and offices and working spaces and residential caravans are only permitted to facilitate the construction or maintenance of the works and for no other purpose and shall be removed once the use for which they were installed has ceased.

Construction activities and mitigation

13.—(1) A code of construction practice shall be submitted to and approved in writing by Bristol City Council before commencement of construction of the works, and save insofar as any requirements of the code of construction practice may be waived by any requirements imposed in a notice served under section 60 (control of noise on construction sites) or a consent under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974(1), such construction shall be carried out in accordance with the approved code of construction practice.

(2) In this paragraph “code of construction practice” means a code setting out measures to be employed in the construction of the works so as to mitigate the impact of those works, based on the measures identified in the environmental information submitted to the Secretary of State in connection with the application for this Order.

Application of Town and Country Planning legislation

14.  The provisions of this Schedule shall be deemed to be conditions subject to which a planning permission was granted under section 70 of the 1990 Act(2) and, accordingly, they shall be subject to the provisions of that Act and all associated legislation and, in particular, they may be varied in their application to the works in accordance with sections 73 and 73A of the 1990 Act(3) and the Town and Country Planning (General Development Procedure) Order 1995(4).

(1)

1974 c. 40. Section 61 is amended by the Building Act 1984 (c. 55), section 133 and Schedule 7; the Environment Act 1995 (c. 25), section 120 and Schedule 24, and the Environmental Protection Act 1990 (c. 43), section 162 and Schedule 15 paragraph 15. There are other amendments but none is relevant.

(2)

Section 70 is amended by the Planning and Compensation Act 1991 (c. 34), section 32 and Schedule 7, paragraph 14.

(3)

Section 73 is amended by the Planning and Compulsory Purchase Act 2004 (c. 5), sections 42, 51 and 120 and Schedule 9, and section 73A was inserted by the Planning and Compensation Act 1991, section 32 and Schedule 7, paragraph 16.

(4)

S.I. 1995/419.