Power to construct works
4.—(1) The Company may in the lines and situations and upon the lands delineated on the deposited plans, sections and elevations and within the limits of deviation and according to the levels shown on the deposited plans, sections and elevations, construct and maintain the following works—
Work No. 1 - The reclamation and infilling of an area of the bed of Loch Ryan, and the levelling of that area, together with the levelling of the adjoining land to form hardstanding for trailers, marshalling, parking, port exit and entrance roads, and sites for Works Nos. 6 to 11, comprising a total area of approximately 11.18 hectares to be retained on the seaward limits in part by rock armoured revetments and, as to the remainder, by the solid faced quay wall comprising Work No. 4; the location of which is shown on sheet no. 2 and sections of which are shown on sheets nos. 6 and 7;
Work No. 2 - A mechanically operated double deck linkspan and approach structure supported on a reinforced concrete bankseat at the landward extremity and two reinforced concrete lifting dolphins at the seaward extremity, providing access to and egress from vessels, the location of which is shown on sheet no. 3 and the section of which is shown on sheet no. 6;
Work No. 3 - A jetty of open piled construction comprising a concrete deck supported on steel tubular bearing piles (commencing on the solid faced quay wall to be constructed as Work No. 4), having a covered walkway for pedestrian access to and egress from vessels, the location of which is shown on sheet no. 3 and the section of which is shown on sheet no. 7;
Work No. 4 - A solid faced quay wall of steel sheet piled construction with a reinforced concrete capping beam, the location of which is shown on sheet no. 3 and the section of which is shown on sheet no. 7;
Work No. 5 - A roundabout to form a junction with the Girvan to Stranraer section of the M77/A77 Glasgow to Stranraer trunk road, including associated footway, cycle track (“footway” and “cycle track” having the same meaning as in the Roads (Scotland) Act 1984)(1) and road widening to the north and south of the junction to provide an entrance to and exit from the port for vehicular traffic, the location of which is shown on sheet no. 4 and sections of which are shown on sheets nos. 6 and 7;
Work No. 6 - A two storey building comprising a maintenance workshop, offices with accommodation for maintenance staff including toilets and a storage yard for vehicles, fuel and port waste to be constructed on part of the site of Work No. 1, the location of which is shown on sheet no. 5 and the plans and elevations of which are shown on sheet no. 8;
Work No. 7 - A two storey terminal building comprising passenger and baggage handling facilities, sales areas, management offices, toilets, police holding areas and offices, canteen, locker rooms and accommodation for staff engaging in docking vessels to be constructed on part of the site of Work No. 1, the location of which is shown on sheet no. 5 and the plans and elevations of which are shown on sheet no. 9;
Work No. 8 - A series of single storey buildings (having a canopy and incorporating two weighbridges) comprising ticketing and check-in facilities for passenger and freight vehicles to be constructed on part of the site of Work No. 1, the locations of which are shown on sheet no. 5 and the plans and elevations of which are shown on sheet no. 10;
Work No. 9 - An entrance and exit gate security building comprising facilities for the inspection and search of vehicles, offices, staff accommodation, toilets, search and interview rooms to be constructed on part of the site of Work No. 1, the location of which is shown on sheet no. 5 and the plans and elevations of which are shown on sheet no. 11;
Work No. 10 - A pump house incorporating pumping equipment and a water tank and an adjacent water tank to supply fresh water to the port, the location of which is shown on sheet no. 5 and the plans and elevations of which are shown on sheet no. 11; and
Work No. 11 - Security fences intersected by buildings, comprising respectively Works Nos. 7 and 9, and having a height not exceeding 3.5 metres, to be constructed along the lines shown on sheet no. 5 and an elevation and section of which are shown on sheet no. 11.
(2) The Company may, for the purposes of the works authorised by paragraph (1), remove any vegetation or other objects or materials and demolish and remove any structures or apparatus lying within the limits of deviation and enclose and reclaim so much of the bed of Loch Ryan and of the foreshore as lies within the limits of deviation.
(3) The Company may, within the limits of deviation, reconstruct, extend, enlarge, replace or relay the works authorised by paragraph (1) and may maintain and operate those works as reconstructed, extended, enlarged, replaced or relaid.
(4) Nothing in paragraph (1) shall in respect of the construction of Work No. 5 constitute the consent of the roads authority in terms of section 56 of the Roads (Scotland) Act 1984 (control of works and excavations)(2).
1984 c.54; “footway” and “cycletrack” are defined in section 151(2).
Section 56 was amended by the New Roads and Street Works Act 1991 (c.22), Schedule 8, paragraph 83. See section 151(1) of the Roads (Scotland) Act 1984 for the definition of “roads authority”. That definition is relevantly amended by S.I. 2001/1400.