The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024

PART 4

OPERATIONAL PROVISIONS

Operation and use of development

21.—(1) The undertaker may operate and use the authorised development as harbour facilities in connection with the import and export of ro-ro units to include all forms of accompanied and unaccompanied wheeled cargo units from or to the public highway up to a maximum of 1,800 ro-ro units per day together with occasional use by passengers travelling by vehicle when space is available on a departing vessel.

(2) On those occasions where space is available on a departing vessel—

(a) no more than 100 passengers per day may depart by vessel from the authorised development; and

(b) all such passengers must board the departing vessel or vessels by means of vehicular transport.

(3) In this article “ro-ro unit” means any item of wheeled cargo (whether or not self-propelled).

Power to appropriate

22.—(1) Regardless of anything in section 33 (harbour, dock and pier to be free to the public on payment of rates) of the 1847 Act or any other enactment, the undertaker may from time to time set apart and appropriate any part of the authorised development for the exclusive or preferential use and accommodation of any trade, person, vessel or goods or any class of trader, vessel or goods, subject to the payment of such charges and to such terms, conditions and regulations as the undertaker may think fit.

(2) No person or vessel may make use of any part of the authorised development so set apart or appropriated without the consent of the dock master, and—

(a) the dock master may order any person or vessel making use of the authorised development without such consent to be removed;

(b) the provisions of section 58 of the 1847 Act (powers of harbour master as to mooring of vessels in harbour), as incorporated by this Order, extend and apply with the necessary modifications to any such vessel.

Planning legislation

23.—(1) Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land for the purposes of that Act) of the 1990 Act.

(2) It does not constitute a breach of the terms of this Order if, following the coming into force of this Order, any development, or any part of a development, is carried out or used within the Order limits in accordance with any planning permission granted under the 1990 Act (including a planning permission granted under article 3 (permitted development) and Class B (dock, pier, harbour, water transport, canal or inland navigation undertakings) of Part 8 of Schedule 2 or Class A (development under local or private Acts or Order) of Part 18 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015(1)).

(1)

S.I. 2015/596.