Decision letter on the London Gateway Harbour Empowerment Order

London Gateway HEO Decision letter

London Gateway HEO Decision Letter
Messrs Bircham Dyson Bell
Solicitors and Parliamentary Agents
50 Broadway
London
SW1H 0BL

30 May 2007
F.A.O. Robert Owen, Esq

Dear Sirs,

HARBOURS ACT 1964

LONDON GATEWAY PORT HARBOUR EMPOWERMENT ORDER

1. I am authorised by the Secretary of State to inform you that consideration has been given to the report of the Inspector, Mr David Ward BSc (Hons) CEng MICE FIHT, who was assisted by Andrew Mead, BSc Hons MRTPI MIQ, on the Public Inquiry held from 25 February to 5 September 2003, following objections made to the London Gateway Port Harbour Empowerment Order ("HEO", "the Order"), for which your predecessors in your present role as Agents, Messrs Macfarlanes, formally applied under Section 16 of the Harbours Act 1964 on behalf of your client, the Peninsular and Oriental Steam Navigation Company Ltd ("the Applicant") on 26 July 2002.

2. The Order, if made, would establish a new harbour authority - the London Gateway Port - and authorise various works necessary for the construction and operation of a new port to accommodate freight traffic, general cargo, aggregates and bulk liquids, and access thereto, as well as make provision for the compulsory acquisition of land and other matters.

3. The report of the Inspector also covers a concurrent public inquiry into an application for an Order under section 1 of the Transport and Works Act 1992 ("the TWA Order") and a direction as to deemed planning permission for works provided for in the TWA Order. That application was the subject of separate minded to letters issued on behalf of the Secretary of State on 20 July 2005 and 8 August 2006 and will be considered in a separate letter being issued today on behalf of the Secretary of State.

4. The report of the Inspector also covers a concurrent public inquiry into an application for outline planning permission under the Town and Country Planning Act 1990, referred to in the report as the "Outline Planning Application" ("OPA").  This application is the subject of a separate letter being issued today on behalf of the Secretary of State for Communities and Local Government, further to the minded to letters issued on that application on 20 July 2005 and 8 August 2006.

5. The Inspector's report, including his conclusions and recommendations, was circulated with the Secretary of State's minded to letter of 20 July 2005. References in square brackets in this letter are to paragraphs in the Inspector's report unless otherwise stated.

6. This letter is to be read in conjunction with the Secretary of State's minded to letters of 20 July 2005 and 8 August 2006 which form part of his decision in this case.

7. This letter takes account of the submissions and representations made by the Applicant and other parties since the issue of the minded to letters of 20 July 2005 and 8 August 2006, including representations on the minded to letters of 20 July 2005 and 8 August 2006 in which the Secretary of State invited responses on particular matters and on letters from the Secretary of State on 9 January 2006, 15 February 2006 and 16 November 2006.  Relevant representations received in response to those letters have been circulated by the Secretaries of State. Post-inquiry correspondence received which, however, raises no new relevant matters or material considerations is not being circulated.

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