OpenLegislation

The Immingham Open Cycle Gas Turbine (Amendment) (No. 3) Order 2025

S.I. 2025/622 · Made 22 May 2025

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Infrastructure Planning

Made 22nd May 2025

Coming into force 23rd May 2025

An application has been made, under paragraph 2 of Schedule 6 of the Planning Act 2008f1, to the Secretary of State in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011f2 for a non-material change to the Immingham Open Cycle Gas Turbine Order 2020f3.

The Secretary of State, having considered the application, the responses to the publicity and consultation required by regulations 6 and 7 of the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011, has decided to make the changes on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

Accordingly, the Secretary of State, in exercise of the powers in paragraphs 2(1) and (9) of Schedule 6 to the Planning Act 2008, makes the following Order—

Annotations to the whole text

Footnotes

f1

2008 c. 29. Paragraph 2 of Schedule 6 was amended by paragraph 4 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23), by paragraph 72 of Schedule 13 and paragraph 1 of Schedule 25 to the Localism Act 2011 (c. 20), and by section 28 of the Infrastructure Act 2015 (c. 7).

f2

S.I. 2011/2055, as amended by S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2015/377, S.I. 2015/760, S.I. 2015/1682, S.I. 2017/314, S.I. 2017/524, S.I. 2018/378, S.I. 2019/734, S.I. 2020/764 and S.I.2020/1534.

f3

S.I. 2020/847.

Contents

  1. 1Citation and commencement
  2. 2Amendment to the Immingham Open Cycle Gas Turbine Order 2020
  3. 3Amendment to Part 1 (preliminary), article 2 (interpretation)
  4. 4Amendment to Part 1 (preliminary), article 2 (interpretation)
  5. 5Amendment to Part 1 (preliminary), article 2 (interpretation)
  6. 6Amendment to Part 5 (powers of acquisition)
  7. 7Amendment to Part 5 (powers of acquisition)
  8. 8Amendment to Schedule 6 (land in which only new rights etc. may be acquired)
  9. 9Amendment to Schedule 11 (documents and plans to be certified)
  10. Signature
  11. Explanatory note

1Citation and commencement

This Order may be cited as the Immingham Open Cycle Gas Turbine (Amendment) (No. 3) Order 2025 and comes into force on 23rd May 2025.

2Amendment to the Immingham Open Cycle Gas Turbine Order 2020

The Immingham Open Cycle Gas Turbine Order 2020 is amended in accordance with this Order.

3Amendment to Part 1 (preliminary), article 2 (interpretation)

In article 2 (interpretation) of Part 1 (preliminary) replace ““book of reference” means the document of that description set out in Schedule 11 (documents to be certified) certified by the Secretary of State as the book of reference under article 39 for the purposes of this Order;” with ““book of reference” means the document of that description set out in Schedule 11 (documents and plans to be certified) certified by the Secretary of State as the book of reference under article 39 for the purposes of this Order and the document which is certified by the Secretary of State as the supplemental book of reference under article 39 for the purposes of this Order;”.

4Amendment to Part 1 (preliminary), article 2 (interpretation)

In article 2 (interpretation) of Part 1 (preliminary) replace ““Order land” means the land which is required for, or is required to facilitate, or is incidental to, or is affected by, the authorised development shown coloured pink, blue and yellow on the land plans and described in the book of reference;” with ““Order land” means the land which is required for, or is required to facilitate, or is incidental to, or is affected by, the authorised development shown coloured pink, blue, yellow and orange on the land plans and described in the book of reference;”.

5Amendment to Part 1 (preliminary), article 2 (interpretation)

In article 2 (interpretation) of Part 1 (preliminary) before ““traffic authority” insert ““supplemental land” means the land which is required for, or is required to facilitate, or is incidental to, or is affected by, the authorised development shown coloured orange on the land plans and described in the book of reference;”.

6Amendment to Part 5 (powers of acquisition)

In Part 5 (powers of acquisition), article 18 (compulsory acquisition of land) omit sub-paragraph (1) and replace with—

“(1)

Subject to sub-paragraph (3), the undertaker may acquire compulsorily so much of the Order land as is required for the authorised development, or to facilitate it, or as is incidental to it.”.

7Amendment to Part 5 (powers of acquisition)

In Part 5 (powers of acquisition), article 18 (compulsorily acquisition of land) insert a new sub-paragraph (3) as follows—

“(3)

The undertaker may not compulsorily acquire any interest in or take temporary possession pursuant to articles 18, 19, 21, 22, 26, 27, and 28 of any part of the supplemental land.”.

8Amendment to Schedule 6 (land in which only new rights etc. may be acquired)

In Schedule 6 (land in which only new rights etc. may be acquired) Table 6 is omitted and replaced with the following—

“

Table 6

(1)

Plot

(2)

Class of rights listed in Table 5 applicable to the plot

2(a), (b), (h), (i) and (j)
6(a) and (g)
7(a) and (g)
8(a), (b), (h), (i) and (j)
9(a), (b), (h), (i) and (j)
10(a), (b), (h), (i) and (j)
12(a), (e) and (j)
14(a), (e), (b), (h), (i) and (j)
15(a), (b), (h), (i) and (j)
16(a), (c) and (j)
17(a), (d), (e), (c) and (j)
17a(a), (d), (e), (c) and (j)
18(a), (e) and (j)
20(a), (b), (c), (h), (i) and (j)
21(a), (b), (h), (i) and (j)
22(a), (b), (e), (h), (i) and (j)
23(a), (b), (c), (d), (e), (h), (i) and (j)
23a(a), (b), (c), (d), (e), (h), (i) and (j)
24(a), (d) and (j)
24a(a), (d) and (j)
25(a), (b), (h), (i) and (j)
26(a), (b), (h), (i) and (j)
27(a), (e) and (j)
28(a), (b), (c), (e), (h), (i) and (j)
29(a), (b), (c), (e), (h), (i) and (j)
30(a), (b), (d), (h), (i) and (j)
30a(a), (b), (d), (h), (i) and (j)
31(a), (b), (h), (i) and (j)
32(a), (e), (b), (h), (i) and (j)
34(a), (b), (h), (i) and (j)
35(a), (b), (c) (h), (i) and (j)
33, 37-111(a) and (f)

”

9Amendment to Schedule 11 (documents and plans to be certified)

In Schedule 11 (documents and plans to be certified) Table 8 is omitted and replaced with the following—

“

Table 8

(1)

Document name

(2)

Document reference

(3)

Revision number

(4)

Date

access and rights of way plans4.4

4 (sheets 1, 2 and 3)

5 (key plan and sheet 4)

1 November 2019
book of reference3.541 November 2019
supplemental book of reference3.1a126 February 2025
commitments registers6.4.321April 2019
environmental statement

Volume 1, 6.2

Volume 2, 6.3

Volume 3, 6.4

1

1

1

April 2019
flood risk assessment6.4.261April 2019
Framework biodiversity enhancement and management plan6.4.171April 2019
Framework construction environmental management plan6.4.31April 2019
framework construction traffic management plan6.4.71April 2019
framework construction worker travel plan6.4.61April 2019
framework written scheme of investigation6.4.312October 2019
indicative lighting strategy5.61April 2019
land plans4.2

1 (sheets 1, 2 and 3)

2 (key plan and sheet 4)

3 (sheets 1, 2, 3 and 4, and inset sheet 1a)

1 November 2019 (key plan and sheet 4)

27 March 2019 (sheets 1 and 3)

28 March 2019 (sheet 2)

3 March 2025

(sheet 2)

4 March 2025 (sheets 1, 3 and 4, and inset sheet 1a)

works plans4.3

1 (sheets 1, 2 and 3)

4 (sheets 4, 5 and 6)

April 2019

March 2025

statement to inform appropriate assessment7.172October 2019

”

Signature

Signed by authority of the Secretary of State for Energy Security and Net Zero

John Wheadon

Head of Energy Infrastructure Planning Delivery

Department for Energy Security and Net Zero

22nd May 2025

Explanatory note

(This note is not part of the Order)

This Order amends the Immingham Open Cycle Gas Turbine Order 2020, a development consent order made under the Planning Act 2008, following an application made in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 for a non-material change under paragraph 2 of Schedule 6 to the Planning Act 2008.