The Port of Ipswich Harbour Revision Order 2006

PART 4MISCELLANEOUS

Power to appropriate lands and works for particular trades, etc.

19.—(1) Notwithstanding anything in this or any other enactment A.B. Ports may from time to time for purposes of or in connection with the management of the Port of Ipswich set apart and appropriate any lands, docks, quays, wharves, jetties, piers, berths, floats, slipways, yards, warehouses, buildings, sheds, landing stages, tips, staithes, cranes, pipeways, machinery, equipment, works and conveniences forming part of the undertaking for the exclusive, partial or preferential use and accommodation of any particular trade, authority, body, company, person, vessel or class of vessels or goods subject to the payment of such rents and subject to such terms, conditions and regulations as A.B. Ports may think fit.

(2) No authority, body, company, person or vessel shall make use of any lands, docks, quays, wharves, jetties, piers, berths, floats, slipways, yards, warehouses, buildings, sheds, landing stages, tips, staithes, cranes, pipeways, machinery, equipment, works and conveniences so set apart or appropriated without the consent of the harbour master or a dock superintendent as the case may be, and the harbour master or a dock superintendent, may order any person or vessel making use thereof without such consent to be removed and the provisions of section 58 of the 1847 Act, shall extend and apply mutatis mutandis to and in relation to any such vessel.

(3) This article has effect subject to the provisions of the enactments relating to town and country planning.

Conservation (Natural Habitats, &c.) Regulations 1994

20.—(1) Regulation 60 of the Conservation (Natural Habitats, &c.) Regulations 1994(1) (“the Habitats Regulations”) shall not apply to any planning permission which relates to the development authorised by this Order and which is granted by article 3(1) of the Town and Country Planning (General Permitted Development) Order 1995(2) for the class of development described as permitted development in Part 11 of Schedule 2 to that Order.

(2) If and to the extent that any development authorised by this Order —

(a)does not form part of the plan and project which was subject to an appropriate assessment under article 6 of the Council Directive 92/43/EEC (“the Habitats Directive”) in connection with the making of this Order, and

(b)is not subject to a further consent, permission or authorisation by a competent authority within the meaning of the Habitats Directive,

paragraph (1) above shall not have the effect of disapplying regulation 60 of the Habitats Regulations in relation to any planning permission for that development.