The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024
S.I. 2024/1014 · Made 4 October 2024 · Extends to England and Wales
Infrastructure Planning
Made 4th October 2024
Coming into force 25th October 2024
The application was examined by a panel of three members pursuant to Chapter 2 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010f3.
The panel, having examined the application with the documents that accompanied the application and the representations made and not withdrawn, has, in accordance with section 74(2) of the 2008 Act, made a report and recommendation to the Secretary of State.
The Secretary of State, having considered the representations made and not withdrawn and the report and recommendations made by the Panel, has decided to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial changes to the proposals comprised in the application.
The Secretary of State, in exercise of the powers conferred by sections 114f4, 115f5, 117f6, 120f7 and 122f8 of, and paragraphs 1 to 3, 10 to 16, 24, 26, 30A and 30B, 36, and 37 of Part 1 of Schedule 5f9 to, the 2008 Act, makes the following Order—
Annotations to the whole text
Footnotes
- f1
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2008 c. 29. Section 37 was amended by Schedule 13 to the Localism Act 2011 (c. 20).
- f2
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S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2017/752, S.I. 2018/378, S.I. 2019/734, S.I. 2020/764, S.I. 2020/1534, S.I. 2021/978, S.I. 2022/634 and S.I. 2023/1071.
- f3
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S.I. 2010/103, amended by S.I. 2012/635.
- f4
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Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011.
- f5
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Section 115 was amended by paragraph 56 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011, section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).
- f6
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Section 117 was amended by paragraph 58 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.
- f7
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Section 120 was amended by section 140 of and paragraph 60 of Schedule 13 to the Localism Act 2011.
- f8
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Section 122 was amended by paragraph 62 of Schedule 13 to the Localism Act 2011.
- f9
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Part 1 of Schedule 5 was amended by paragraph 4 of Schedule 8 and Part 2 of Schedule 22 to the Marine and Coastal Access Act 2009 (c. 23), paragraph 71 of Schedule 13 to the Localism Act 2011 and paragraph 76 of Schedule 6 to the Wales Act 2017.
Contents
- Part 1
- Chapter PRELIMINARY
- 1Citation and Commencement
- 2Interpretation
- 3Disapplication and modification of legislative provisions
- 4Incorporation of the 1847 Act
- Part 2
- Chapter PRINCIPAL POWERS
- 5Development consent etc. granted by the Order
- 6Maintenance of authorised development
- 7Limits of deviation
- 8Benefit of Order
- 9Transfer of benefit of Order, etc.
- Part 3
- Chapter POWERS OF ACQUISITION
- 10Compulsory acquisition of rights
- 11Time limit for exercise of powers of compulsory acquisition
- 12Private rights over land
- 13Power to override easements and other rights
- 14Modification of Part 1 of the 1965 Act
- 15Application of the 1981 Act
- 16Statutory undertakers and operator of the electronic communications code network
- 17Recovery of costs of new connection
- 18Disregard of certain interests and improvements
- 19Set-off for enhancement in value of retained land
- 20No double recovery
- Part 4
- Chapter OPERATIONAL PROVISIONS
- 21Operation and use of development
- 22Power to appropriate
- 23Planning legislation
- Part 5
- Chapter SUPPLEMENTAL POWERS
- 24Discharge of water
- 25Powers to dredge
- 26Authority to survey and investigate the land
- 27Protective works to buildings
- 28Agreement with highway authority
- Part 6
- Chapter MISCELLANOUS AND GENERAL
- 29Defence to proceedings in respect of statutory nuisance
- 30Deemed marine licence
- 31Trees subject to a tree preservation order
- 32Application of landlord and tenant law
- 33Certification of plans and documents etc.
- 34Service of notices
- 35Arbitration
- 36Saving for Trinity House
- 37Provision against danger to navigation
- 38Lights on tidal works during construction
- 39Permanent light on tidal works
- 40Crown rights
- 41Protective provisions
- 42Byelaws relating to the authorised development
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- Schedule 2: REQUIREMENTS
- Part 1: REQUIREMENTS
- 1Interpretation
- 2Time limit for commencement of the authorised development
- 3Amendments to approved details
- 4Construction hours – onshore works
- 5Travel plan
- 6Piling and marine construction works restrictions
- 7External appearance and height of the authorised development
- 8Onshore construction environmental management plan
- 9Surface water drainage
- 10Noise insulation
- 11Woodland management
- 12East Gate Improvements(Work No. 12)
- 13Operational freight management plan
- 14Lighting plan
- 15Flood risk assessment
- 16Contaminated land
- 17Materials Management Plan
- 18Impact Protection Measures for the IOT trunkway
- 19Impact Protection Measures for the IOT finger pier
- 20Amending the Port of Immingham Marine Operations Manual
- Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 21Interpretation
- 22Applications made under requirements
- 23Further information regarding requirements
- 24Appeals
- 25Anticipatory steps towards compliance with any requirement
- Schedule 3: DEEMED MARINE LICENCE
- Part 1: GENERAL
- 1Interpretation
- 2Contacts
- 3Licensed marine activities
- 4Licence to dredge and deposit
- 5Details of licensed marine activities
- Part 2: CONDITIONS APPLYING TO ALL LICENSABLE ACTIVITIES
- Chapter Before Licensed Activities
- 6Notifications regarding licensed activities
- 7Agents / contractors / sub-contractors
- 8Cold weather construction restriction strategy
- 9Marine Noise Registry
- 10Marine written scheme of archaeological investigation
- Chapter During Licensed Activities
- 11Offshore Construction Environmental Management Plan
- 12Piling and marine construction works
- 13Percussive piling reporting protocol
- 14Concrete and cement
- 15Coatings and treatment
- 16Pollution and Spills
- 17Disposal at Sea
- 18Sediment sampling
- 19Sediment sampling
- 20Sediment sampling
- 21Dropped objects
- 22Notice to Mariners
- 23Notice to Mariners
- Part 3: PROCEDURE FOR THE DISCHARGE OF CONDITIONS
- 24Meaning of “application”
- 25Further information regarding application
- 26Determination of application
- 27Notice of determination
- Schedule 4: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF THE STATUTORY CONSERVANCY AND NAVIGATION AUTHORITY FOR THE HUMBER
- 1Interpretation
- 2General
- 3Tidal Works: approval of detailed design
- 4Commencement of Tidal Works
- 5Discharges, etc.
- 6Obstruction in river
- 7Removal etc. of the Statutory Conservancy and Navigation Authority ’s moorings and buoys
- 8Navigational lights, buoys, etc.
- 9Removal of temporary works
- 10Protective action
- 11Abandoned or decayed works
- 12Facilities for navigation
- 13Sedimentation, etc.: remedial action
- 14Indemnity
- 15Statutory functions
- 16Operating procedures
- 17Oil Spillage Plan
- Part 2: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
- 18Application
- 19Application
- 20Application
- 21Application
- 22Application
- 23Application
- Part 3: FOR THE PROTECTION OF EXOLUM
- 24Application
- 25Interpretation
- 26Acquisition of apparatus
- 27Relevant Works
- 28Expenses
- 29Damage to property and other losses
- 30Damage to property and other losses
- 31Miscellaneous
- 32Miscellaneous
- 33Emergency circumstances
- Part 4: FOR THE PROTECTION OF THE IOT OPERATORS
- 34Application
- 35Interpretation
- 36Acquisition of apparatus
- 37Expenses
- 38Damage to property and other losses
- 39Co-operation and reasonableness
- 40Miscellaneous
- 41Emergency circumstances
- Part 5: FOR THE PROTECTION OF NORTHERN POWERGRID
- 42Application
- 43Interpretation
- 44Acquisition of Land
- 45Removal of Apparatus
- 46Facilities and rights for alternative apparatus
- 47Retained apparatus
- 48Expenses and costs
- 49Damage to property and other losses
- 50Damage to property and other losses
- 51Cooperation
- 52Cooperation
- 53Cooperation
- 54Cooperation
- Part 6: FOR THE PROTECTION OF ANGLIAN WATER
- 55Application
- 56Interpretation
- 57Protective works to buildings
- 58Acquisition of land
- 59Removal of apparatus
- 60Facilities and rights for alternative apparatus
- 61Retained apparatus
- 62Expenses and costs
- 63Expenses and costs
- 64Cooperation
- 65Cooperation
- 66Cooperation
- 67Cooperation
- Part 7: FOR THE PROTECTION OF NETWORK RAIL
- 68Application
- 69Interpretation
- 70Interpretation
- 71Interpretation
- 72Interpretation
- 73Interpretation
- 74Interpretation
- 75Interpretation
- 76Interpretation
- 77Interpretation
- 78Interpretation
- 79Interpretation
- 80Interpretation
- 81Interpretation
- 82Interpretation
- 83Interpretation
- 84Interpretation
- 85Interpretation
- 86Interpretation
- 87Interpretation
- Part 8: FOR THE PROTECTION OF NORTH EAST LINCOLNSHIRE COUNCIL (AS LEAD LOCAL FLOOD AUTHORITY)
- 88Application
- 89Interpretation
- 90Interpretation
- 91Interpretation
- 92Interpretation
- 93Interpretation
- 94Interpretation
- 95Interpretation
- 96Interpretation
- 97Interpretation
- 98Interpretation
- Part 9: FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS COMPANY
- 99Application
- 100Interpretation
- 101Protective works to buildings
- 102Acquisition of land
- 103Removal of apparatus
- 104Facilities and rights for alternative apparatus
- 105Retained apparatus: protection of Cadent
- 106Expenses
- 107Indemnity
- 108Enactments and agreements
- 109Co-operation
- 110Co-operation
- 111Access
- 112Arbitration
- 113Notices
- Part 10: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 114Application
- 115Interpretation
- 116Interpretation
- 117Interpretation
- 118Interpretation
- 119Interpretation
- Part 11: FOR THE PROTECTION OF DFDS SEAWAYS PLC
- 120Application
- 121Interpretation
- 122Consultation and notification
- 123Indemnity
- 124Operations
- 125Disputes
- Part 12: FOR THE PROTECTION OF CLDN PORTS KILLINGHOLME LIMITED
- 126Application
- 127Interpretation
- 128Cooperation
- 129Notice of and consultation on works and vessel movements
- 130Notice of and consultation on works and vessel movements
- 131Indemnity
- 132Arbitration
- Part 13: FOR THE PROTECTION OF THE INTERNAL DRAINAGE BOARD
- 133Application
- 134Interpretation
- 135Interpretation
- 136Interpretation
- 137Interpretation
- 138Interpretation
- 139Interpretation
- 140Interpretation
- 141Interpretation
- 142Interpretation
- 143Interpretation
- Schedule 5: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Application of Part 1 of the 1965 Act
- 5Application of Part 1 of the 1965 Act
- Schedule 6LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
- Schedule 7PLANS AND DOCUMENTS TO BE CERTIFIED
- Explanatory note