Harbours

Newcastle upon TyneCornwallNE4 7YH54.961201-1.635258PL28 8AQ50.541574-4.938445HARBOURS ACT 1964Harbours Act 1964Harbours Act 1964, s. 142025-01-15TSO (The Stationery Office), customer.services@thegazette.co.uk4792277

HARBOURS ACT 1964 (AS AMENDED)

PROPOSED PADSTOW HARBOUR REVISION ORDER

NOTICE OF APPLICATION FOR A HARBOUR REVISION ORDER

NOTICE IS HEREBY GIVEN that the Padstow Harbour Commissioners (“the applicant”) have applied to the Marine Management Organisation (“MMO”) for a Harbour Revision order under section 14 of the Harbours Act 1964.

The proposed order would modernise and consolidate the statutory harbour powers applying in relation to the Port of Padstow (‘the Port’). The proposed order provides for the continued incorporation of the applicant; clarity on the limits of the Port and the general functions of the applicant; provisions relating to the use of revenue, the establishment of a reserve fund and borrowing; provisions relating to charges; modernised powers of management and control of the Port to vest in the applicant including in relation to general directions, special directions and byelaws; the establishment of an advisory body or bodies consisting of stakeholders with which the applicant is required to consult on material matters; powers to vest in the applicant which include powers to develop or dispose of land, grant tenancies and for other commercial activities; powers to vest in the applicant relating to the delegation of functions, moorings, bunkering, aids to navigation, dredging, landing places, works, parking places, vehicles, wrecks, unserviceable vessels and obstructions, tidal works and the power of the applicant to prosecute or defend legal proceedings. To facilitate the above, articles 61 to 64 of the proposed order amend the legislation set out in those articles and article 65 of the proposed order repeals and revokes the legislation set out in Schedule 2 to the proposed order.

The proposed order would not authorise the construction or alteration of a project or confer development consent. Accordingly, Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (as amended) which is codified by Council Directive 2011/92/EU (as amended by Directive 2014/52/EU) does not apply to the proposals and no environmental statement has been supplied.

A copy of the draft order and accompanying documents is deposited at the offices of the applicant at: Padstow Harbour Commissioners, The Harbour Office, Padstow, Cornwall PL28 8AQ. These may be inspected at all reasonable hours until the expiry of the forty-two day period referred to below.

The draft order and accompanying documents are also available for inspection at the offices of the MMO in Newcastle Upon Tyne by appointment at the email address below or may be viewed on the MMO’s website at: https://www.gov.uk/government/collections/harbour-orders-public-register

Any person desiring to make an objection or representation concerning the application should write to the Harbour Orders Team, Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle Upon Tyne, NE4 7YH or email to harbourorders@marinemanagement.org.uk. An objection or representation should:

i. be received before the expiry of a period of 42 days starting with the date at the foot of this notice;

ii. be made in writing quoting reference HRO/2023/00005;

iii. state the grounds of the objection or representation;

iv. indicate who is making the objection or representation; and

v. give an address to which correspondence relating to the objection or representation may be sent.

The MMO will pass to the applicant a copy of any objections and other representations received.

If an objection is duly made and not withdrawn then the MMO may cause an inquiry to be held.

Any objections duly made and not withdrawn and any representations duly made will be considered before the MMO decides whether or not to make the order.

Dated: 15 January 2025

Ashfords LLP

Solicitors for the Padstow Harbour Commissioners