The Able Marine Energy Park Development Consent (Amendment) Order 2021

Made: 13th May 2021

Coming into force: 14th May 2021

The Secretary of State, in exercise of the powers conferred by paragraph 2 of Schedule 6 to the Planning Act 2008, makes the following Order—

Citation and commencement

1

This Order may be cited as the Able Marine Energy Park Development Consent (Amendment) Order 2021 and comes into force on 14th May 2021.

Amendment of the Able Marine Energy Park Development Consent Order 2014

2

• (1) The Able Marine Energy Park Development Consent Order 2014 is amended as follows.

• (2) In article 2 (interpretation)—

• (a) after the definition of “E.ON” insert ““former Mitigation Area A” means the area bounded by co-ordinates (53°38.543’N, 00°14.155’W), (53°38.793’N, 00°13.413’W), (53°38.543’N, 00°13.138’W), (53°38.473’N, 00°13.341W), (53°38.461’N, 00°13.346’W) and (53°38.270’N, 00°13.886’W)”; and

• (b) at the end of the definition of “the Order limits” insert “, save for former Mitigation Area A”.

• (3) In Schedule 1 (authorised development)—

• (a) omit paragraph 3(g); and

• (b) after paragraph 4 insert—

(5) In the district of North Lincolnshire ecological mitigation works in accordance with the environmental management and monitoring plans.

• (4) In paragraph 1 of Schedule 11 (requirements) in the definition of “environmental statement” after “the Environment Agency” insert “, any further environmental documents certified by the Secretary of State pursuant article 55A (certification of further environmental documents)”.

• (5) In paragraph 6(a) of Schedule 11—

• (a) in sub-paragraph (i) for ““AME-02006”” substitute ““AME-02006 (Rev E)””;

• (b) in sub-paragraph (ii) for ““AME-02007”” substitute ““AME-02007 (Rev C)””;

• (c) in sub-paragraph (iii) for ““AME-02008”” substitute ““AME-02008 (Rev B)””;

• (d) in sub-paragraph (v) for ““AME-02010”” substitute ““AME-02010 (Rev B)””;

• (e) at the end of sub-paragraph (xi) omit “and”; and

• (f) at the end of sub-paragraph (xii) insert—

and (xiii) drawing “ALP-002-00011 (Rev D)”;

• (6) After article 55 (certification of plans etc), insert—

(55A) (1) The undertaker must, as soon as practicable after the making of the Able Marine Energy Park Development Consent (Amendment) Order 2021, submit copies of— (a) Application Statement Incorporating Environmental Information (Revision D – November 2020); and (b) Revised Shadow Habitats Regulations Assessment (November 2020), for certification as further environmental documents. (2) A document so certified by the Secretary of State is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Signed

Signed by authority of the Secretary of State for Transport

Natasha Kopala — Head of the Transport and Works Act Orders Unit — Department for Transport — 13th May 2021

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Able Marine Energy Park Development Consent Order 2014 (“the 2014 Order”), a development consent order under the Planning Act 2008 (“the Act”).

This Order follows an application under paragraph 2 of the Schedule 6 to the Act for a non-material change to allow an alteration to the location of the environmental mitigation sites provided for in the 2014 Order. It also provides for the certification of further environmental documents.

Footnotes

[^f00001]: 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).

[^f00002]: 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.

[^f00003]: S.I. 2014/2935.