Explanatory note

This Order empowers Associated British Ports (“A.B. Ports”) to construct and maintain two quays extending the existing quay in Fisher Fleet, King’s Lynn, Norfolk and to renovate the existing quay (article 3), within the limits of deviation on the deposited plans and sections (defined in article 2(1)) (article 5). The Order confers further powers as to subsidiary works and dredging related to those works (articles 4 and 6).

The Order creates an offence of intentionally obstructing any person carrying out the works, or intentionally or recklessly interfering with equipment or materials used in carrying out the works, with a fine on summary conviction not exceeding level 3 on the standard scale (article 7).

Articles 8 and 9 make provision against danger to navigation and for the abatement of works abandoned or decayed.

The Secretary of State is empowered to order a survey and examination of a tidal work or the site on which it is to be constructed (article 10).

Provision is made for the lighting of tidal works permanently and during construction (articles 11 and 12).

The Order restricts permitted development rights, provided by the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) for the development authorised by the Order, by requiring a heritage statement and a written scheme of investigation for areas of archaeological interest to be approved by the local planning authority prior to the commencement of works (article 15 and the Schedule).

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

The deposited plans and sections may be inspected during working hours at the offices of Associated British Ports at 150 Holborn, London EC1N 2LR and at St. Ann’s Fort, King’s Lynn, Norfolk PE30 1QS.