Article 3 Power to construct works

Without affecting the powers which may be exercisable by the Council under section 5 of the 1991 Order, the Council may in the lines and situations and upon the lands delineated on sheet 1, and within the limits of deviation, and according to the levels shown on the deposited sections or elevations for each work, construct and maintain in the harbour the following works, with all necessary works and conveniences connected with them—

• Work No. 1 – A widening and extension of the existing berthing structure on the western side and to the south of the existing structure formed of solid construction and incorporating scour protection and a wave protection wall the location of which is shown on sheet 1 and the section of which is shown on sheet 2. Sited on Work No. 1—

The Council may, for the purposes of the works authorised by paragraph (1), demolish and remove the whole or part of any structures or apparatus lying within the limits of deviation and enclose and reclaim so much of the bed of the harbour and of the foreshore as lies within the limits of deviation and may hold and use the same as part of the harbour and so much of the seabed and of the foreshore as may be reclaimed shall be deemed to be operational land within the meaning of section 215 of the Town and Country Planning (Scotland) Act 1997.

Without affecting the general power conferred under paragraph (2), the Council may in connection with the construction of the works on any land owned by it, demolish and remove so much of—

Subject to the provisions of this Order, the Council may, within the limits of deviation, reconstruct, extend, enlarge, replace or relay the works authorised by paragraph (1) and may maintain the same as reconstructed, extended, enlarged, replaced or relaid.