SI 2025/143 - The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent (Correction) Order 2025

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

STATUTORY INSTRUMENTS 2025 No. 143 INFRASTRUCTURE PLANNING The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent (Correction) Order 2025 Made - - - - 10th February 2025 Coming into force - - 11th February 2025 The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024(1) (“the 2024 Order”) which granted development consent within the meaning of the Planning Act 2008(2) (“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 applicant(3) 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.

Citation and Commencement

1. 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.

Corrections to the Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024 (“the 2024 Order”)

2. The 2024 Order is corrected in the table in the Schedule to this Order, where—

(1) S.I. 2024/1014.

(2) 2008 c. 29. Paragraph 1 of Schedule 4 was amended by paragraph 70 of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011 (c. 20). There are other amendments to the Planning Act 2008 which are not relevant to this Order.

(3) The term “applicant” is defined in paragraph 4 of Schedule 4 to the Planning Act 2008.Document Generated: 2025-02-11

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(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.

Signed by authority of the Secretary of State for Transport Gareth Leigh Head of the Transport and Works Act Orders Unit 10th February 2025 Department for Transport 2Document Generated: 2025-02-11

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

SCHEDULE Article 2 CORRECTABLE ERRORS Where the correction How the correction is to be made Text to be substituted, inserted or is to made omitted Article 2(1) ““Natural England” means the After ““MMO” means the Marine advisor to the Government for the Management Organisation;” insert natural environment in England;” Article 2(1) For ““tidal works” means so much of any of the authorised ““tidal works” means so much of development as are on, under or any of the authorised development over tidal waters or tidal lands as is on, under or over tidal waters below the level of high water;” or tidal lands below the level of high substitute water;” Article 13(6) For “as is mentioned in paragraph “as is mentioned in paragraph (1) of of this article.” substitute this article.” Article 15(6) For “associated British Ports “Associated British Ports (Immingham Eastern Ro-Ro (Immingham Eastern Ro-Ro Terminal) Development Order Terminal) Development Order 2024” substitute 2024” Article 16(c) For “belonging to statutory “belonging to statutory undertakers, undertakers, public utility public utility undertakers and public undertakers within the Order land.” communications providers within substitute 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 “As soon as practicable after the agreement entered into by the making of this Order, the undertaker undertaker under article 9 (transfer must, submit copies of each of the of benefit of Order, etc.) so far as plans and documents as set out in it relates to the terms on which any Schedule 7 (plans and documents land is subject to a lease granted by to be certified) to the Secretary or under that agreement.” substitute of State for certification that they are true copies of those plans and documents.” Article 38(1) Substitute “during the whole time “during the whole time of of the construction or extension” the construction, alteration or for extension” Schedule 2 For ““IOT Operators” means ““IOT Operators” means

(requirements), Part 1, Associated Petroleum Terminals Associated Petroleum Terminals requirement 1 (Immingham) Ltd and Humber (Immingham) Ltd and Humber Oil Terminal Trustees Ltd, with Oil Terminal Trustees Ltd, with “Associated Petroleum Terminals “Associated Petroleum Terminals

(Immingham) Ltd” meaning (Immingham) Ltd” meaning Associated Petroleum Terminals Associated Petroleum Terminals

(Immingham) Limited, company (Immingham) Limited, company number 00564394 registered number (00564394) registered 3Document Generated: 2025-02-11

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Where the correction How the correction is to be made Text to be substituted, inserted or is to made omitted at Queens Road, Immingham, Grimsby, N E Lincolnshire, DN40 at Queens Road, Immingham, 2PN, and any successor in Grimsby, N E Lincolnshire, DN40 title and “Humber Oil Terminal 2PN, and any successor in title Trustees Ltd” meaning Humber and “Humber Oil Terminal Trustees Oil Terminal Trustees Limited, Ltd” meaning Humber Oil Terminal company number 00874993 Trustees Limited, company number registered at Queens Road, (00874993) registered at Queens Immingham, Grimsby, N E Road, Immingham, Grimsby, N E Lincolnshire, DN40 2PN, and any Lincolnshire, DN40 2PN, and any successor in title” substitute successor in title” Schedule 2 For ““operational freight ““operational freight management

(requirements), Part 1, management plan” means the plan” means the document of that requirement 1 operational freight management description listed in Schedule 7 plan included in Schedule 7 (plans (plans and documents to be and documents to be certified) and certified) and certified by the certified by the Secretary of State Secretary of State as the ‘operational for the purposes of this Order;” freight management plan’ for the substitute purposes of this Order;” Schedule 2 For ““travel plan” means the travel ““travel plan” means the document

(requirements), Part 1, plan included in Schedule 7 (plans of that description listed in requirement 1 and documents to be certified) and Schedule 7 (plans and documents certified by the Secretary of State to be certified) and certified by the for the purposes of this Order.” Secretary of State as the ‘travel plan’ substitute for the purposes of this Order.” Schedule 2

(requirements), Part 1, For “upon receiving notification of “upon receiving notification of that requirement 18(1) that decision” substitute determination” Schedule 2 For “after the amendment

(requirements), Part 1, mentioned in paragraph (1),” “after the amendment mentioned in requirement 20(2) substitute sub-paragraph (1),” Schedule 3 (deemed Omit ““Natural England” means marine licence), Part 1, the adviser to the Government article 1(1) for the natural environment in England;” [Omitted] Schedule 3 (deemed For ““the Order” means marine licence), Part 1, the Associated British Ports ““the Order” means the Associated article 1(1) (Immingham Eastern Ro-Ro British Ports (Immingham Eastern Terminal) Order 20[ ];” substitute Ro-Ro Terminal) Order 2024;” Schedule 4 (protective For “Removal of wrecks and provisions), Part 1, obstructions, etc. Oil Spillage Plan” paragraph 17 substitute “Oil Spillage Plan” Schedule 4 (protective provisions), Part 3, For “pay Exolum for all loss, paragraph 29(1)(a) damage, liability,” substitute “all loss, damage, liability,” 4Document Generated: 2025-02-11

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Where the correction How the correction is to be made Text to be substituted, inserted or is to made omitted Schedule 4 (protective For “pay the cost reasonably provisions), Part 3, incurred by Exolum in making “the cost reasonably incurred by paragraph 29(1)(b) good” substitute Exolum in making good” Schedule 4 (protective For “pay the cost reasonably provisions), Part 3, incurred by Exolum in stopping,” “the cost reasonably incurred by paragraph 29(1)(c) substitute Exolum in stopping,” Schedule 4 (protective For “Subject to the following provisions), Part 4, provisions of this paragraph, “Subject to the following paragraph 37 during the construction of the provisions of this paragraph, during authorised development the the construction or operation undertaker must pay to IOT of the authorised development Operators the reasonable costs the undertaker must pay to IOT and expenses incurred by the IOT Operators the reasonable costs Operators in, or in connection and expenses incurred by the IOT with— Operators in, or in connection with—

(a) the inspection, removal, alteration or protection of any (a) the inspection, removal, apparatus; or alteration or protection of any apparatus; or

(b) the watching and inspecting the execution of any specified work; (b) the watching and inspecting the or execution of any specified work; or

(c) the imposition of reasonable (c) the imposition of reasonable requirements for the protection or requirements for the protection or alteration of apparatus, alteration of apparatus, which may reasonably be required which may reasonably be required in consequence of the execution in consequence of the execution of any such works as are required of any such works as are required under this Schedule.” substitute under this Part of this Schedule.” Schedule 4 (protective For “during the carrying out of any “during the carrying out of any provisions), Part 4, relevant works” substitute relevant works or the operation of paragraph 38(1)(a) the authorised development” Schedule 4 (protective “suffered or incurred by the IOT provisions), Part 4, For “suffered or incurred by the Operators for which the IOT paragraph 38(1)(b) IOT Operators for which the IOT Operators are legally liable as a Operators is legally liable as a result of legally sustainable claims result of legally sustainable claims brought against the IOT Operators brought against the IOT Operators by any third party solely arising by any third party solely arising out out of the carrying out of any of the carrying out of any relevant relevant works or the operation of works;” substitute the authorised development;” Schedule 4 (protective “arising from or caused by the provisions), Part 4, For “arising from or caused by carrying out of any relevant works paragraph 38(1)(c) the carrying out of any relevant or the operation of the authorised works;” substitute development;” 5Document Generated: 2025-02-11

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Where the correction How the correction is to be made Text to be substituted, inserted or is to made omitted Schedule 4 (protective “arises in consequence of the provisions), Part 4, For “arises in consequence of the carrying out of any relevant works paragraph 38(1)(d) carrying out of any relevant works.” or the operation of the authorised substitute development.” Schedule 4 (protective provisions), Part 9, For “be made without first “be made without first consulting paragraph 107(4) consulting the promoter” substitute the undertaker” Schedule 4 (protective “construction of the authorised provisions), Part 11, For “construction of the authorised works or operation of the authorised paragraph 123(1)(a) works;” substitute development;” Schedule 4 (protective “construction of the authorised For “construction of the authorised provisions), Part 11, works or operation of the authorised works.” substitute paragraph 123(1)(b) development.” Schedule 5 (modification of compensation and compulsory purchase For “with the necessary enactments), paragraph modifications as respects “with the necessary modifications in 1 compensation,” substitute respect of compensation,” Schedule 7 (plans In column (2) for “(e) volume 2, and documents to figure 8.3.20: location of be certified), the environmental projects, developments and “(e) volume 2, figure 1.2:

statement activities that are scoped into the Layout of Proposed Marine inter-project effects assessment Works at Immingham Eastern Ro- document reference 8.3.20 v2;” Ro Terminal document reference substitute 10.3.8, Figure 2.3” Schedule 7 (plans “(f) volume 2, figure 1.3:

and documents to Layout of Proposed Landside be certified), the Works at Immingham Eastern Ro- environmental In column (2) for “(f) volume 3, Ro Terminal document reference statement appendix” substitute 10.3.8, Figure 2.2” Schedule 7 (plans “(g) volume 2, Figure 3.1:

and documents to In column (2) for “(g) volume 3, Demolition Works Associated be certified), the appendix 10.1: navigational risk with Immingham Eastern Ro- environmental assessment document reference Ro Terminal document reference statement 8.4.10(a) v2;” substitute 10.3.8, Figure 3.1” Schedule 7 (plans “(h) volume 2, Figure 7.8:

and documents to In column (2) for “(h) volume Peak Flood Baseline Flows (Top) be certified), the 3, appendix 10.2: navigation and Impact of Scheme (Bottom) environmental simulation study – part 1 document document reference 10.3.8, Figure statement reference 8.4.10(b) v2;” substitute 7.1” Schedule 7 (plans In column (2) for “(i) volume “(i) volume 2, Figure 7.9: Peak Ebb and documents to 3, appendix 10.2: navigation Baseline Flows (Top) and Impact be certified), the simulation study – part 2 document of Scheme (Bottom) document reference 8.4.10(b) v2;” substitute reference 10.3.8, Figure 7.2” 6Document Generated: 2025-02-11

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Where the correction How the correction is to be made Text to be substituted, inserted or is to made omitted environmental statement Schedule 7 (plans In column (2) for and documents to “(j) volume 3, appendix be certified), the 10.3: navigational simulation “(j) volume 2, Figure 7.19:

environmental – stakeholder demonstrations Modelled Bed Level Change Over a statement document reference 8.4.10(c) v2;” Mean Spring Neap Cycle document substitute reference 10.3.8, Figure 7.3” Schedule 7 (plans In column (2) for “(k) volume and documents to 3, appendix 17.1: transport “(k) volume 2, Figure 7.20:

be certified), the assessment document reference Predicted Change to BSS on Flood environmental 8.4.17(a) v2; and” substitute (Top) and Ebb (Bottom) document statement reference 10.3.8, Figure 7.4” Schedule 7 (plans In column (2) for “(l) volume “(l) volume 2, Figure 7.22: Baseline and documents to 3, transport assessment addendum Hs (Top) and Effect of Scheme be certified), the document reference 8.4.17(a).1.” (Bottom) for 0.5-yr Wave Event environmental substitute from NE (Left) and E (Right) statement document reference 10.3.8, Figure

7.5” Schedule 7 (plans “(m) volume 2, Figure 7.23: and documents to Baseline Hs (Top) and Effect of be certified), the Scheme (Bottom) for 0.5-yr Wave environmental Event from SE (Left) and NE statement (Right) document reference 10.3.8, In column (2) after “(l)...” insert Figure 7.6” Schedule 7 (plans “(n) volume 2, Figure 7.24: Baseline and documents to Hs (Top) and Effect of Scheme be certified), the (Bottom) for 50-yr Wave Event environmental from E (Left) and SE (Right) statement document reference 10.3.8, Figure n column (2) after “(m)...” insert 7.7” Schedule 7 (plans In column (2) after “(n)...” insert “(o) volume 2, figure 8.3.20:

and documents to location of projects, developments be certified), the and activities that are scoped into environmental the inter-project effects assessment statement document reference 8.3.20 v2;” Schedule 7 (plans In column (2) after “(o)...” insert and documents to be certified), the “(p) volume 2, Figure 13.1b:

environmental Air Quality Study Area document statement reference 10.3.8, Figure 13.1;” Schedule 7 (plans In column (2) after “(p)...” insert and documents to “(q) volume 2, Figure 13.3a: be certified), the Operational Phase Assessment environmental document reference 10.3.8, Figure statement 13.2;” 7Document Generated: 2025-02-11

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Where the correction How the correction is to be made Text to be substituted, inserted or is to made omitted Schedule 7 (plans and documents to be certified), the “(r) Volume 2, Figure 14.1: Sound environmental Monitoring Locations document statement In column (2) after “(q)...” insert reference 10.3.8, Figure 14.1;” Schedule 7 (plans and documents to “(s) Volume 3, Appendix 2.2:

be certified), the Concept Lighting Design Stage environmental Summary Report reference 10.3.8, statement In column (2) after “(r)...” insert Annex A;” Schedule 7 (plans and documents to be certified), the “(t) Volume 3, Appendix 2.3:

environmental Building Schedule reference 10.3.8, statement In column (2) after “(s)...” insert Annex B;” Schedule 7 (plans and documents to be certified), the “(u) volume 3, appendix 10.1: environmental navigational risk assessment statement In column (2) after “(t)...” insert document reference 8.4.10(a) v2;” Schedule 7 (plans and documents to be certified), the “(v) volume 3, appendix 10.2:

environmental navigation simulation study – part 1 statement In column (2) after “(u)...” insert document reference 8.4.10(b) v2;” Schedule 7 (plans and documents to be certified), the “(w) volume 3, appendix 10.2:

environmental navigation simulation study – part 2 statement In column (2) after “(v)...” insert document reference 8.4.10(b) v2;” Schedule 7 (plans and documents to “(x) volume 3, appendix be certified), the 10.3: navigational simulation environmental – stakeholder demonstrations statement In column (2) after “(w)...” insert document reference 8.4.10(c) v2;” Schedule 7 (plans and documents to “(y) Volume 3, Appendix 14.2:

be certified), the Construction Noise Levels and environmental Assumptions reference 10.3.8, statement In column (2) after “(x)...” insert Annex C” Schedule 7 (plans and documents to be certified), the “(z) volume 3, appendix 17.1:

environmental transport assessment document statement In column (2) after “(y)...” insert reference 8.4.17(a) v2; and” 8Document Generated: 2025-02-11

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Where the correction How the correction is to be made Text to be substituted, inserted or is to made omitted Schedule 7 (plans and documents to be certified), the “(aa) volume 3, transport environmental assessment addendum document statement In column (2) after “(z)...” insert reference 8.4.17(a).1.” Schedule 7 (plans and documents to be certified), the travel In column (2) for “Document plan Reference 8.4.17(b) v2” substitute “Document Reference 8.4.17(b)” EXPLANATORY NOTE (This note is not part of the Order) 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.

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