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3Use and disposal of land

(1)(a)This subsection applies to—

(i)the land shown coloured pink on the plan; and

(ii)any land within the harbour which is reclaimed after the passing of this Act.

(b)Land to which this subsection applies shall not be used for—

(i)the provision of dwellinghouses; or

(ii)any purpose which by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust, grit or any other reason is detrimental to the use of the harbour as a fishery harbour or any purpose, not being a purpose associated with the use of the harbour as a fishery harbour, which by any such reason is detrimental to the use, amenity or enjoyment of the harbour for leisure activities; or

(iii)the purpose of retail sales not associated with harbour activities.

(2)(a)The land shown coloured blue on the plan shall not be used for any purpose except—

(i)the provision of open space; or

(ii)the provision of car parking; or

(iii)the provision of vehicular and pedestrian access to and from land to which this subsection or subsection (3) below applies.

(b)For the purposes of this subsection “open space” has the meaning assigned to it by section 20 of the Open Spaces Act [1906 c. 25.] 1906.

(3)Without prejudice to the provisions of subsection (1) above the land shown edged in green on the plan shall not be put to any industrial use.

(4)There shall no longer be any prohibition on the disposal of land reclaimed, and of accretions of land, within the harbour.

(5)Nothing in this section shall prevent the carrying out by statutory undertakers of any development permitted under Part 10, Part 16 or Part 17 of Schedule 2 to the Town and Country Planning General Development Order 1988[S.I. 1988/1813.] or such diversions of apparatus as may be agreed to from time to time between the Council and any statutory undertakers.