SCHEDULE 15PROTECTIVE PROVISIONS
PART 5PROTECTION FOR FIRST CORPORATE SHIPPING LIMITED
Definitions
50.
(1)
In this Part—
“access works” means works—
(a)
on, over or under or otherwise affecting a private street or a dock public road, including the kerbs, verges and carriageway of such street;
(b)
to alter, modify, improve or create accesses to or from any private street or dock public road or any other part of BPC’s land, including, without limitation, the construction of access bellmouths and haul roads; and
(c)
to position or install plant, equipment or scaffolding on or over any private street or a dock public road,
and includes, without limitation on the scope of the foregoing, any works under article 10 (street works) or article 12 (power to alter layout, etc. of streets) in respect of or affecting any private street or any dock public road;
“ancillary work” means so much of any of the authorised development as is situated on, over, across, or under BPC’s land and comprises—
(a)
fencing and lighting measures in relation to permanent buildings, structures and apparatus and in relation to temporary working areas and construction compounds;
(b)
piling;
(c)
the erection and use of scaffolding;
(d)
temporary works (including erecting temporary buildings) and mitigation works, including, without limitation, the provision and maintenance of landscaping and replacement planting pursuant to this Order; and
(e)
those parts of Work No. 4P comprising excavations for the purpose of installing underground electric or fibre-optic cables, the installation of underground ducts and backfilling of excavations;
“BPC” means First Corporate Shipping Limited (registered company number 2542406), trading as The Bristol Port Company, being the statutory harbour authority and competent harbour authority for the Port;
“BPC’s land” means the whole and each of every part of all the leasehold and freehold land and rights and the benefit of all covenants, owned by or vested in BPC at Avonmouth, Chittening and Portbury—
(a)
on, under, over or in respect of which any powers conferred by this Order may be exercised; or
(b)
on, under or over which there is situated anything over or in respect of which any such powers may be exercised,
and includes, without limitation on the scope of the foregoing, any private street;
“construction access rights” means any and all powers conferred on the undertaker by this Order to exercise temporary powers of access over any land with or without vehicles, plant and equipment including, without limitation on the scope of the foregoing, any ancillary powers to remove buildings, structures, pylons and vegetation from that land and to construct works for the purpose of providing a means of access, and including all such powers whether conferred and described in the Book of Reference as rights or subordinate rights;
“dock access network” means each street set out in column (2) of the following table to the extent that it is maintainable highway—
(1) Local Authority Area | (2) Name of Street |
|---|---|
North Somerset Council | A369 Portbury Hundred |
Sheepway (including Station Road) | |
Wharf Lane | |
Bristol City Council | West Town Road |
Gloucester Road | |
King Road Avenue | |
Crowley Way | |
Portway | |
A403 St Andrew’s Road, A403 Smoke Lane, A403 Chittening Road and A403 Severn Road | |
Severn Road | |
Ableton Lane | |
Minors Lane | |
North Somerset Council and Bristol City Council | Motorway M5 |
“dock public road” means each F1street set out in column (2) of the following table to the extent that it is maintainable highway—
(1) Local Authority Area | (2) Name of Street |
|---|---|
North Somerset Council | Marsh Lane |
Redland Avenue | |
Gordano Way | |
Garonor Way | |
Royal Portbury Dock Road | |
Portbury Way |
“drainage works” means works to create, alter or remove any culvert or other crossing over, under or affecting any watercourse or drainage ditch on, over or under BPC’s land;
“maintainable highway” has the same meaning as in section 86(1) of the 1991 Act;
“plans” includes sections, designs, drawings and specifications and construction methodologies;
“Port” means the port and harbour of Bristol;
“powers of temporary possession” means—
(a)
in relation to National Grid, the powers conferred by article 29 (temporary use of land by National Grid); and
(b)
in relation to WPD, the powers conferred by article 30 (temporary use of land by WPD);
“private access” means each of the private streets within the districts of F2North Somerset Council and Bristol City Council (respectively referred to in this Order as The Drove and Victoria Road);
“private street” means any street on BPC’s land which is not a maintainable highway;
“works programme” means the final programme for the execution of the authorised development on, over or under BPC’s land presented to BPC under paragraph 57, together with such amendments to that programme as may from time to time be agreed in writing between BPC and National Grid, each acting reasonably and without delay.
(2)
In this Part, references to a requirement to consult include that consultation must take place in good faith and in a timely manner with the provision of all reasonably necessary information and that the party concerned must act reasonably in taking into account the reasonable comments made by the other party in response.
(3)
In this Part, references to BPC’s consent, approval or agreement, are to BPC’s prior consent, approval or agreement given in writing.