The Portsmouth Harbour (Gunwharf Quays) Order 1999

PART II WORKS PROVISIONS

Power to construct works

3.—(1) The undertaker may construct and maintain the scheduled works.

(2) Subject to article 4 below, the scheduled works shall only be constructed in the situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.

(3) The undertaker may within the limits of deviation carry out such other works (of whatever nature) as may be necessary, convenient or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.

(4) The undertaker may break out and remove in so far as may be necessary and convenient for the construction and maintenance of the scheduled works any such structures as are wholly contained within the limits of deviation.

Power to deviate

4.  In constructing or maintaining the scheduled works, the undertaker may–

(a) deviate laterally from the situations shown on the deposited plans within the limits of deviation,

(b) deviate vertically from the levels shown for those works on the deposited sections–

(i) to any extent not exceeding 5 metres upwards, or

(ii) to any extent downwards as may be necessary or convenient, and

(c) deviate vertically from the levels shown on the deposited sections for the buildings and other structures for commercial and leisure purposes comprised in Work No. 1 to any extent upwards as may be necessary or convenient.

Discharge of water

5.—(1) The undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land shown on the deposited plans within the limits of deviation, make openings into, and connections with, the watercourse, sewer or drain.

(2) The undertaker shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.

(3) The undertaker shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the authority to which the sewer or drain belongs, but such approval shall not be unreasonably withheld.

(4) The undertaker shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.

(5) This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991(1).

(6) In this article–

(a) “public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, a local authority or a harbour authority within the meaning of the Harbours Act 1964(2),

(b) “watercourse” includes all rivers, tidal rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain, and

(c) other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.

(1)

1991 c. 57.

(2)

1964 c. 40.