Office of Public Sector Information
Article 19
(1) Footpaths and bridleway to be stopped up |
(2) Extent of stopping up |
(3) New footpaths and bridleways to be substituted |
|---|---|---|
| Borough of Thurrock | ||
| Footpath 189 (part) | Between points V and Y on Sheet No. 269 of the deposited plans. | New bridleway of 5 metres in width between points X and W shown on Sheets Nos. 268 and 269 of the deposited plans. |
| Bridleway 39 (part) | Between points V and X on Sheet No. 269 of the deposited plans. | New bridleway of 5 metres in width between points X and W shown on Sheets Nos. 268 and 269 of the deposited plans. |
| Footpath 81 (part) | From its junction with the northern verge of the A13 immediately to the west of the western boundary of the eastbound A13 service area, running within the verge of the A13 to its junction with the footpath overbridge carrying Footpath 12, Thurrock, as shown on Sheet No. 272 of the deposited plans. |
New footpath 1.5 metres in width running in a parallel alignment to that length to be stopped up but 5 metres north of the length of footpath to be stopped up, as shown on Sheet No. 272 of the deposited plans. |
| Footpath 190 (part) | From a point 200 metres west of its crossing of the Thameshaven Branch Line in a south-westerly direction and then north-westerly direction following the existing sea wall for a distance of 1165 metres to a point 200 metres south of the end of Wharf Road, as shown on Sheet No. 270 of the deposited plans. |
New bridleway 5 metres in width running from a point 188 metres west of the crossing of Footpath 190 (part) of the Thameshaven Branch Line in a generally south-westerly direction for 1000 metres to a point 180 metres south of the end of Wharf Road, as shown on Sheet No. 270 of the deposited plans. |
| Medway Unitary Authority | ||
| Footpath 357 (part) in Medway | From a point 350 metres east of the existing surface water outfall sluice (“Cliffe Sluice”) in a easterly, then south-easterly and then southerly direction following the existing sea wall for a distance of 1920 metres to a point west of Egypt Saltings, as shown on Sheet No. 271 of the deposited plans. | New footpath 3 metres in width running from a point 350 metres east of Cliffe Sluice in a southerly direction for 460 metres and then generally easterly for 240 metres before turning northwards for 325 metres and then south-easterly for a distance of 250 metres turning easterly for 325 metres before turning south-easterly to rejoin the existing sea wall due west of Egypt Saltings, as shown on Sheet No. 271 of the deposited plans. |
Article 26
1.—(1) In their application to any development authorised by this Order, or to other development carried out on land which falls to be operational land of London Gateway Port by virtue of this Order, article 3 of, and Parts 11 and 17 of Schedule 2 to the 1995 Order (which permit development authorised by a harbour empowerment order designating specifically both the nature of the development thereby authorised and the land on which it may be carried out, and development by certain statutory undertakers, respectively) shall have effect—
(a) in the case of Part 11 only, as if the authority to construct given by this Order were limited to the authorised works substantially begun within twenty five years of the coming into force of this Order, or such extended period as the Secretary of State may, on the application of the Harbour Authority, allow; and
(b) subject to the restrictions contained in Schedules 2 and 6 to this Order.
(2) Nothing in sub-paragraph (1) shall affect the carrying out of any development which consists of any maintenance of the authorised works, which (to the extent it would not otherwise be) shall be permitted development as if it were included in article 3 of, and Parts 11 and 17 of Schedule 2 to the 1995 Order.
2.—(1) Any change of use of the port premises to a use (other than an occasional or incidental use) which falls outside the development referred to in articles 10 to 13 shall be deemed to be a material change of use requiring planning permission granted on an application made under Part 3 of the 1990 Act or under any relevant provisions of the 1995 Order or the 1964 Act.
(2) Sub-paragraph (1) shall not have effect to restrict permitted development rights conferred by Parts 11 and 17 of Schedule 2 to the 1995 Order (which grants planning permission for the construction of the authorised works and use of the land authorised by this Order).
3. Subject to paragraph 4, regulation 60(1) of 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 1995 Order for the class of development described as permitted development in Parts 11 and 17 of Schedule 2 to the 1995 Order.
4. If and to the extent that any development authorised by this Order—
(a) does not form part of a plan or project which was subject to an appropriate assessment under regulation 48 of the Habitats Regulations 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 Regulations;
paragraph 3 shall not have the effect of disapplying regulation 60(1) of the Habitats Regulations in relation to any planning permission for that development.
Amended by correction slip on 01 June 2008
The London Gateway Port Harbour Empowerment Order 2008