The Harwich Parkeston Quay Harbour Revision Order 2010

PART 2 For further protection of Trinity House

4.—(1) For the further protection of Trinity House the following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the Company and Trinity House, apply and have effect.

(2) In this Part of this Schedule—

“the Trinity Pier” means the Trinity Pier of Trinity House as existing;

“the Trinity Pier protected area” means the area between the pier and an imaginary line drawn from the riverward end of the pier at a point at TM2577032849 to a point 30 metres in a north-easterly direction at a point at TM2580032854, then extending through an arc of 30 metres centred on the riverward end of the pier to a point at TM2576532879 and then continuing through that arc to a point 30 metres distant from the western face of the pier at a point at TM2574032844, then in a south-south-easterly direction to a point, maintaining 30 metres distant from the western face of the pier at TM2576532713, then in a south-easterly direction to a point at TM2580032661 and then passing by the shortest line to the western quay at the landward end of the pier to a point at TM2580832662 and for the purpose of identification only is shown hatched black on sheet 5 of the deposited plans and sections.

5.  Notwithstanding anything in article 3, article 5 or article 7 or shown on the deposited plans and deposited sections, no part of the harbour wall (Work No. 3) or the floating wavescreen (Work No. 4) shall be situated within 46 metres of any point of the Trinity Pier.

6.  Notwithstanding anything in article 12 no moorings shall be placed or laid down within 46 metres of the Trinity Pier.

7.  The provisions of article 14 and article 15 shall not apply to the Trinity Pier protected area.

8.  Except with the consent of Trinity House, which consent shall not be unreasonably withheld—

(a) no works shall be carried out within the Trinity Pier protected area under article 3 or article 5; and

(b) no dredging operations shall be carried out within the Trinity Pier protected area under this Order and no such operations shall be permitted which involve dredging to any depth lower than the inclined plane within that area which is 4.5 metres below Chart Datum at the side of the area nearest to the pier and 8 metres below Chart Datum at the side of the area furthest from the pier.

9.  No part of the Trinity Pier shall be acquired by the Company under this Order and the powers of sections 30 to 44 of the Railways Clauses Consolidation Act 1845(1) (as incorporated by section 25 of the 1983 Act and extended by section 14 of the Harwich Parkeston Quay Act 1988(2) and article 9) shall not be exercised in relation to the Trinity Pier.

10.  Any difference arising between the Company and Trinity House under this Part of this Schedule (other than a difference as to its meaning or construction) shall be determined by arbitration.

(1)

1845 c. 20.

(2)

1988 c. xxviii.