The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent (Correction) Order 2025
The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent (Correction) Order 2025 rectifies errors and omissions in the 2024 Development Consent Order.
Following requests from the applicant and an interested party, and in accordance with the Planning Act 2008, the Secretary of State made corrections detailed in a schedule.
The corrections encompass various articles and schedules of the original Order amending definitions, referencing, and documentation specifications.
Arguments For
Addressing inaccuracies: The corrections ensure the accuracy and clarity of the original Development Consent Order, minimizing potential legal challenges and ensuring efficient project implementation.
Improving consistency: The amendments harmonize the different sections of the document, improving legal certainty and reducing potential conflicts by providing a consistent interpretation of its provisions.
Fulfilling legal obligations: The Order responds to formally-submitted requests for correction, demonstrating adherence to the legal requirements of the Planning Act 2008.
Protecting stakeholders’ interests: By rectifying the errors, this Order safeguards the interests of involved parties (Associated British Ports, other organizations, and the public), preventing potential misunderstandings and disputes.
Arguments Against
Potential for unintended consequences: While addressing original errors, the correction process may introduce new unintended consequences or inconsistencies elsewhere in the document.
Time and resource costs: The correction process requires additional time and resources to review, amend, and republish the order, which may add delays and expenses to the original project.
Complexity of amendments: The numerous and widely ranging corrections highlight a more significant deficiency in the original order's drafting and review, suggesting a more thorough overhaul might have been warranted.
Limited scope of correction: The correction process is limited to the specific errors identified and may not capture all potential flaws or require further corrections.
The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 20241 (“the 2024 Order”) which granted development consent within the meaning of the Planning Act 20082 (“the Act”), contained correctable errors within the meaning of paragraph 1(3) of Schedule 4 to the Act.In accordance with paragraph 1(5)(a) of Schedule 4 to the Act, before the end of the relevant period as defined in paragraph 1(6)(a) of Schedule 4 to the Act, the Secretary of State received written requests from the applicant3 and an interested party for the correction of errors or omissions in the 2024 Order. In accordance with paragraph 1(5)(b) of Schedule 4 to the Act, the Secretary of State also sent a statement in writing to the applicant which explained omissions for which the Secretary of State was considering making a correction.In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State informed the relevant local planning authority for the area in which the land to which the 2024 Order relates is situated, that the requests had been sent and received respectively in accordance with paragraph 1(7) of Schedule 4 to the Act.The Secretary of State, in exercise of the powers conferred by section 119 of, and paragraphs 1(4) and (8) of Schedule 4 to, the Act, makes the following Order.
The 2024 Order, granting development consent under the Planning Act 2008, had errors.
The Secretary of State received requests for corrections from the applicant and another party.
A statement outlining omissions was sent to the applicant.
The Secretary of State notified the local planning authority.
This new order corrects these issues, enabled by powers under section 119 and Schedule 4 of the Act.
This Order may be cited as the Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent (Correction) Order 2025 and comes into force on 11th February 2025.
This order's official title is the Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent (Correction) Order 2025, effective February 11, 2025.
The 2024 Order is corrected in the table in the Schedule to this Order, where—(a) column 1 sets out where the correction is to be made;(b) column 2 sets out how the correction is to be made; and(c) column 3 sets out the text to be substituted, inserted or omitted.
The accompanying schedule specifies the changes to the 2024 Order.
Column 1 shows the location of each error.
Column 2 indicates the type of change.
Column 3 provides the replacement, addition, or removal of text.
Signed by authority of the Secretary of State for TransportGareth LeighHead of the Transport and Works Act Orders UnitDepartment for Transport10th February 2025
This section shows the order's signing authority: Gareth Leigh, Head of the Transport and Works Act Orders Unit, Department for Transport, signed the order on February 10, 2025.
SCHEDULECORRECTABLE ERRORSArticle 2
Where the correction is to made | How the correction is to be made | Text to be substituted, inserted or omitted |
|---|---|---|
Article 2(1) | After ““MMO” means the Marine Management Organisation;” insert | ““Natural England” means the advisor to the Government for the natural environment in England;” |
Article 2(1) | For ““tidal works” means so much of any of the authorised development as are on, under or over tidal waters or tidal lands below the level of high water;” substitute | ““tidal works” means so much of any of the authorised development as is on, under or over tidal waters or tidal lands below the level of high water;” |
Article 13(6) | For “as is mentioned in paragraph of this article.” substitute | “as is mentioned in paragraph (1) of this article.” |
Article 15(6) | For “associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Order 2024” substitute | “Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Order 2024” |
Article 16(c) | For “belonging to statutory undertakers, public utility undertakers within the Order land.” substitute | “belonging to statutory undertakers, public utility undertakers and public communications providers within the Order land.” |
Article 22(2)(a) | After “without such consent to be removed;” insert | “and” |
Article 33(1) | For “This article applies to any agreement entered into by the undertaker under article 9 (transfer of benefit of Order, etc.) so far as it relates to the terms on which any land is subject to a lease granted by or under that agreement.” substitute | “As soon as practicable after the making of this Order, the undertaker must, submit copies of each of the plans and documents as set out in Schedule 7 (plans and documents to be certified) to the Secretary of State for certification that they are true copies of those plans and documents.” |
Article 38(1) | Substitute “during the whole time of the construction or extension” for | “during the whole time of the construction, alteration or extension” |
Schedule 2 (requirements), Part 1, requirement 1 | For ““IOT Operators” means Associated Petroleum Terminals (Immingham) Ltd and Humber Oil Terminal Trustees Ltd, with “Associated Petroleum Terminals (Immingham) Ltd” meaning Associated Petroleum Terminals (Immingham) Limited, company number 00564394 registered at Queens Road, Immingham, Grimsby, N E Lincolnshire, DN40 2PN, and any successor in title and “Humber Oil Terminal Trustees Ltd” meaning Humber Oil Terminal Trustees Limited, company number 00874993 registered at Queens Road, Immingham, Grimsby, N E Lincolnshire, DN40 2PN, and any successor in title” substitute | ““IOT Operators” means Associated Petroleum Terminals (Immingham) Ltd and Humber Oil Terminal Trustees Ltd, with “Associated Petroleum Terminals (Immingham) Ltd” meaning Associated Petroleum Terminals (Immingham) Limited, company number (00564394) registered at Queens Road, Immingham, Grimsby, N E Lincolnshire, DN40 2PN, and any successor in title and “Humber Oil Terminal Trustees Ltd” meaning Humber Oil Terminal Trustees Limited, company number (00874993) registered at Queens Road, Immingham, Grimsby, N E Lincolnshire, DN40 2PN, and any successor in title” |
Schedule 2 (requirements), Part 1, requirement 1 | For ““operational freight management plan” means the operational freight management plan included in Schedule 7 (plans and documents to be certified) and certified by the Secretary of State for the purposes of this Order;” substitute | ““operational freight management plan” means the document of that description listed in Schedule 7 (plans and documents to be certified) and certified by the Secretary of State as the ‘operational freight management plan’ for the purposes of this Order;” |
Schedule 2 (requirements), Part 1, requirement 1 | For ““travel plan” means the travel plan included in Schedule 7 (plans and documents to be certified) and certified by the Secretary of State for the purposes of this Order.” substitute | ““travel plan” means the document of that description listed in Schedule 7 (plans and documents to be certified) and certified by the Secretary of State as the ‘travel plan’ for the purposes of this Order.” |
Schedule 2 (requirements), Part 1, requirement 18(1) | For “upon receiving notification of that decision” substitute | “upon receiving notification of that determination” |
Schedule 2 (requirements), Part 1, requirement 20(2) | For “after the amendment mentioned in paragraph (1),” substitute | “after the amendment mentioned in sub-paragraph (1),” |
Schedule 3 (deemed marine licence), Part 1, article 1(1) | Omit ““Natural England” means the adviser to the Government for the natural environment in England;” | [Omitted] |
Schedule 3 (deemed marine licence), Part 1, article 1(1) | For ““the Order” means the Associated British Ports (Immingham Eastern Ro-Ro Terminal) Order 20[ ];” substitute | ““the Order” means the Associated British Ports (Immingham Eastern Ro-Ro Terminal) Order 2024;” |
Schedule 4 (protective provisions), Part 1, paragraph 17 | For “Removal of wrecks and obstructions, etc. Oil Spillage Plan” substitute | “Oil Spillage Plan” |
Schedule 4 (protective provisions), Part 3, paragraph 29(1)(a) | For “pay Exolum for all loss, damage, liability,” substitute | “all loss, damage, liability,” |
Schedule 4 (protective provisions), Part 3, paragraph 29(1)(b) | For “pay the cost reasonably incurred by Exolum in making good” substitute | “the cost reasonably incurred by Exolum in making good” |
Schedule 4 (protective provisions), Part 3, paragraph 29(1)(c) | For “pay the cost reasonably incurred by Exolum in stopping,” substitute | “the cost reasonably incurred by Exolum in stopping,” |
Schedule 4 (protective provisions), Part 4, paragraph 37 | For “Subject to the following provisions of this paragraph, during the construction of the authorised development the undertaker must pay to IOT Operators the reasonable costs and expenses incurred by the IOT Operators in, or in connection with— (a) the inspection, removal, alteration or protection of any apparatus; or (b) the watching and inspecting the execution of any specified work; or (c) the imposition of reasonable requirements for the protection or alteration of apparatus, which may reasonably be required in consequence of the execution of any such works as are required under this Schedule.” substitute | “Subject to the following provisions of this paragraph, during the construction or operation of the authorised development the undertaker must pay to IOT Operators the reasonable costs and expenses incurred by the IOT Operators in, or in connection with— (a) the inspection, removal, alteration or protection of any apparatus; or (b) the watching and inspecting the execution of any specified work; or (c) the imposition of reasonable requirements for the protection or alteration of apparatus, which may reasonably be required in consequence of the execution of any such works as are required under this Part of this Schedule.” |
Schedule 4 (protective provisions), Part 4, paragraph 38(1)(a) | For “during the carrying out of any relevant works” substitute | “during the carrying out of any relevant works or the operation of the authorised development” |
Schedule 4 (protective provisions), Part 4, paragraph 38(1)(b) | For “suffered or incurred by the IOT Operators for which the IOT Operators is legally liable as a result of legally sustainable claims brought against the IOT Operators by any third party solely arising out of the carrying out of any relevant works;” substitute | “suffered or incurred by the IOT Operators for which the IOT Operators are legally liable as a result of legally sustainable claims brought against the IOT Operators by any third party solely arising out of the carrying out of any relevant works or the operation of the authorised development;” |
Schedule 4 (protective provisions), Part 4, paragraph 38(1)(c) | For “arising from or caused by the carrying out of any relevant works;” substitute | “arising from or caused by the carrying out of any relevant works or the operation of the authorised development;” |
Schedule 4 (protective provisions), Part 4, paragraph 38(1)(d) | For “arises in consequence of the carrying out of any relevant works.” substitute | “arises in consequence of the carrying out of any relevant works or the operation of the authorised development.” |
Schedule 4 (protective provisions), Part 9, paragraph 107(4) | For “be made without first consulting the promoter” substitute | “be made without first consulting the undertaker” |
Schedule 4 (protective provisions), Part 11, paragraph 123(1)(a) | For “construction of the authorised works;” substitute | “construction of the authorised works or operation of the authorised development;” |
Schedule 4 (protective provisions), Part 11, paragraph 123(1)(b) | For “construction of the authorised works.” substitute | “construction of the authorised works or operation of the authorised development.” |
Schedule 5 (modification of compensation and compulsory purchase enactments), paragraph 1 | For “with the necessary modifications as respects compensation,” substitute | “with the necessary modifications in respect of compensation,” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) for “(e) volume 2, figure 8.3.20: location of projects, developments and activities that are scoped into the inter-project effects assessment document reference 8.3.20 v2;” substitute | “(e) volume 2, figure 1.2: Layout of Proposed Marine Works at Immingham Eastern Ro-Ro Terminal document reference 10.3.8, Figure 2.3” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) for “(f) volume 3, appendix” substitute | “(f) volume 2, figure 1.3: Layout of Proposed Landside Works at Immingham Eastern Ro-Ro Terminal document reference 10.3.8, Figure 2.2” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) for “(g) volume 3, appendix 10.1: navigational risk assessment document reference 8.4.10(a) v2;” substitute | “(g) volume 2, Figure 3.1: Demolition Works Associated with Immingham Eastern Ro-Ro Terminal document reference 10.3.8, Figure 3.1” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) for “(h) volume 3, appendix 10.2: navigation simulation study – part 1 document reference 8.4.10(b) v2;” substitute | “(h) volume 2, Figure 7.8: Peak Flood Baseline Flows (Top) and Impact of Scheme (Bottom) document reference 10.3.8, Figure 7.1” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) for “(i) volume 3, appendix 10.2: navigation simulation study – part 2 document reference 8.4.10(b) v2;” substitute | “(i) volume 2, Figure 7.9: Peak Ebb Baseline Flows (Top) and Impact of Scheme (Bottom) document reference 10.3.8, Figure 7.2” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) for “(j) volume 3, appendix 10.3: navigational simulation – stakeholder demonstrations document reference 8.4.10(c) v2;” substitute | “(j) volume 2, Figure 7.19: Modelled Bed Level Change Over a Mean Spring Neap Cycle document reference 10.3.8, Figure 7.3” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) for “(k) volume 3, appendix 17.1: transport assessment document reference 8.4.17(a) v2; and” substitute | “(k) volume 2, Figure 7.20: Predicted Change to BSS on Flood (Top) and Ebb (Bottom) document reference 10.3.8, Figure 7.4” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) for “(l) volume 3, transport assessment addendum document reference 8.4.17(a).1.” substitute | “(l) volume 2, Figure 7.22: Baseline Hs (Top) and Effect of Scheme (Bottom) for 0.5-yr Wave Event from NE (Left) and E (Right) document reference 10.3.8, Figure 7.5” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) after “(l)...” insert | “(m) volume 2, Figure 7.23: Baseline Hs (Top) and Effect of Scheme (Bottom) for 0.5-yr Wave Event from SE (Left) and NE (Right) document reference 10.3.8, Figure 7.6” |
Schedule 7 (plans and documents to be certified), the environmental statement | n column (2) after “(m)...” insert | “(n) volume 2, Figure 7.24: Baseline Hs (Top) and Effect of Scheme (Bottom) for 50-yr Wave Event from E (Left) and SE (Right) document reference 10.3.8, Figure 7.7” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) after “(n)...” insert | “(o) volume 2, figure 8.3.20: location of projects, developments and activities that are scoped into the inter-project effects assessment document reference 8.3.20 v2;” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) after “(o)...” insert | “(p) volume 2, Figure 13.1b: Air Quality Study Area document reference 10.3.8, Figure 13.1;” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) after “(p)...” insert | “(q) volume 2, Figure 13.3a: Operational Phase Assessment document reference 10.3.8, Figure 13.2;” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) after “(q)...” insert | “(r) Volume 2, Figure 14.1: Sound Monitoring Locations document reference 10.3.8, Figure 14.1;” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) after “(r)...” insert | “(s) Volume 3, Appendix 2.2: Concept Lighting Design Stage Summary Report reference 10.3.8, Annex A;” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) after “(s)...” insert | “(t) Volume 3, Appendix 2.3: Building Schedule reference 10.3.8, Annex B;” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) after “(t)...” insert | “(u) volume 3, appendix 10.1: navigational risk assessment document reference 8.4.10(a) v2;” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) after “(u)...” insert | “(v) volume 3, appendix 10.2: navigation simulation study – part 1 document reference 8.4.10(b) v2;” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) after “(v)...” insert | “(w) volume 3, appendix 10.2: navigation simulation study – part 2 document reference 8.4.10(b) v2;” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) after “(w)...” insert | “(x) volume 3, appendix 10.3: navigational simulation – stakeholder demonstrations document reference 8.4.10(c) v2;” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) after “(x)...” insert | “(y) Volume 3, Appendix 14.2: Construction Noise Levels and Assumptions reference 10.3.8, Annex C” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) after “(y)...” insert | “(z) volume 3, appendix 17.1: transport assessment document reference 8.4.17(a) v2; and” |
Schedule 7 (plans and documents to be certified), the environmental statement | In column (2) after “(z)...” insert | “(aa) volume 3, transport assessment addendum document reference 8.4.17(a).1.” |
Schedule 7 (plans and documents to be certified), the travel plan | In column (2) for “Document Reference 8.4.17(b) v2” substitute | “Document Reference 8.4.17(b)” |
This schedule details the specific corrections made to the 2024 Order.
It lists the location, method, and text changes.
These changes cover various articles and schedules, addressing inconsistencies in definitions, references, and included documents.
This Order corrects errors and omissions in the Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024 (S.I. 2024/1014), a development consent order under the Planning Act 2008, following written requests under paragraph 1(5)(a) and a statement being issued under paragraph 1(5)(b) of Schedule 4 to that Act.
This explanatory note summarizes the order's purpose: to correct errors and omissions in the 2024 Development Consent Order, as per the procedures and requirements outlined in the Planning Act 2008 and specifically in Schedule 4, paragraphs 1(5)(a) and 1(5)(b).