The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024

Made: 4th October 2024

Coming into force: 25th October 2024

The Secretary of State, in exercise of the powers conferred by sections 114[^f00004], 115[^f00005], 117[^f00006], 120[^f00007] and 122[^f00008] of, and paragraphs 1 to 3, 10 to 16, 24, 26, 30A and 30B, 36, and 37 of Part 1 of Schedule 5[^f00009] to, the 2008 Act, makes the following Order—

PART 1

PRELIMINARY

Citation and Commencement

1

This Order may be cited as the Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024 and comes into force on 25th October 2024.

Interpretation

2

• (1) “the 1847 Act” means the Harbours, Docks and Piers Clauses Act 1847[^f00010];

• “the 1961 Act” means the Land Compensation Act 1961[^f00011];

• “the 1965 Act” means the Compulsory Purchase Act 1965[^f00012];

• “the 1980 Act” means the Highways Act 1980[^f00013];

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981[^f00014];

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00015];

• “the 1991 Act” means the New Roads and Street Works Act 1991[^f00016];

• “the 2008 Act” means the Planning Act 2008[^f00017];

• “the 2009 Act” means the Marine and Coastal Access Act 2009[^f00018];

• “ABP Statutory Harbour Authority” means the undertaker in its capacity as the local lighthouse authority and as the statutory harbour authority for the Port of Immingham including that part of the estuary of the River Humber immediately adjacent to the port;

• “authorised development” means the development and associated development described in Schedule 1 (authorised development) and any other development authorised by this Order, which is development within the meaning of section 32 (meaning of “development”) of the 2008 Act;

• “berthing pocket” means the area bounded by the co-ordinates given in paragraph 5(2) (details of licensed marine activities) of Schedule 3 (deemed marine licence) and shown on sheets 1 and 2 of the works plans;

• “Board” means the North East Lindsey Internal Drainage Board;

• “book of reference” 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 book of reference for the purposes of this Order;

• “building” includes any structure or erection or any part of a building, structure or erection;

• “business day” means a day other than a Saturday or Sunday, Good Friday, Christmas Day or a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971[^f00019];

• “Chart Datum” in relation to any dredging is 3.9 metres below ordnance datum (Newlyn);

• “commence” means the commencement of any material operation as defined in section 56 (4)[^f00020] of the 1990 Act forming part of the authorised development other than operations consisting of environmental surveys and monitoring, investigations for the purposes of assessing ground conditions, the receipt and erection of construction plant and equipment, the erection of any temporary means of enclosure, the temporary display of site notices or advertisement and “commencement” is to be construed accordingly;

• “construct” includes execution, placing, altering, replacing, relaying and removal and “construction” is to be construed accordingly;

• “Council” means North East Lincolnshire Council, or any successor authority, acting in its capacity as the local planning authority;

• “deemed marine licence” means the marine licence granted by article 30 (deemed marine licence);

• “dock master” means the dock master for the Port of Immingham statutory harbour authority area;

• “drainage plan” means the document of that description listed in Schedule 7 and certified by the Secretary of State as the drainage plan for the purposes of this Order;

• “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act;

• “engineering sections, drawings and plans” means the document of that description listed in Schedule 7 and certified by the Secretary of State as the engineering sections, drawings and plans for the purposes of this Order;

• “environmental statement” means the document of that description listed in Schedule 7 and certified by the Secretary of State as the environmental statement for the purposes of this Order;

• “general arrangement plans” means the document of that description listed in Schedule 7 and certified as the general arrangement plans by the Secretary of State for the purposes of this Order;

• “harbour master” means the harbour master for the Statutory Conservancy and Navigation Authority;

• “HGV” has the same meaning as heavy goods vehicle in section 58(1) (general interpretation) of the Goods Vehicles (Licensing of Operators) Act 1995;

• “HGV driver” means the driver of an HGV for the purposes of transferring freight associated with the commercial ro-ro operation of the authorised development;

• “highway” has the same meaning as in section 328 (meaning of “highway”) of the 1980 Act;

• “highway authority” has the same meaning as in the 1980 Act;

• “land plans” means the document of that description listed in Schedule 7 and certified as the land plans by the Secretary of State for the purposes of this Order;

• “level of high water” means the level of mean high-water springs;

• “lighting plan” means the document of that description listed in Schedule 7 and certified by the Secretary of State as the lighting plan for the purposes of this Order;

• “limits of deviation” means the limits of deviation referred to in article 7 (limits of deviation);

• “maintain” includes inspect, repair, adjust, alter or remove, provided such works do not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement, and any derivative of “maintain” is to be construed accordingly;

• “mean high water level” means the level which is half way between mean high water springs and mean high water neaps;

• “mean high water neaps” means the average throughout the year of the heights of two successive high waters during those periods of 24 hours when the range of the tides at its least;

• “mean high water springs” means the average throughout the year of the heights of two successive high waters during those periods of 24 hours when the range of the tide is at its greatest;

• “MMO” means the Marine Management Organisation;

• “Natural England” means the advisor to the Government for the natural environment in England;

• “navigational risk assessment” means the document of that description listed in Schedule 7 and certified by the Secretary of State as the navigational risk assessment for the purposes of this Order;

• “Order land” means the land shown on the land plans and which is described in the book of reference;

• “Order limits” means the limits shown on the works plans;

• “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981[^f00021];

• “passengers” means private individuals travelling by vessel from the authorised development, boarding by vehicular transport and not associated with the commercial ro-ro operation and not including HGV drivers;

• “Port of Immingham” means the statutory port estate including the Port of Immingham statutory harbour authority area;

• “public communications provider” has the same meaning as in section 151(1) (interpretation of chapter 1) of the Communications Act 2003[^f00022];

• “public utility undertaker” means a gas, water, electricity or sewerage undertaker;

• “River Humber” means the tidal estuary from its mouth at the Spurn Peninsula to its confluence with the rivers Ouse and Trent;

• “ro-ro” is an acronym for ‘Roll on/Roll off’ which is a shipping industry term applied to a category of unitised cargo, the embarkation and disembarkation of which is facilitated by a wheeled transfer via a ramp mounted within the structure of the vessel;

• “Statutory Conservancy and Navigation Authority” means the statutory conservancy and navigation authority for the river Humber (as successor to the Conservancy Commissioners established under the Humber Conservancy Act 1868[^f00023]) and includes its role as competent harbour authority and local lighthouse authority for its statutory area;

• “statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) of the 2008 Act;

• “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;

• “Trinity House” means the Corporation of Trinity House of Deptford Strond;

• “UK marine area” has the meaning given to it in section 42 (UK marine area) of the 2009 Act;

• “undertaker” means Associated British Ports (“ABP”) company number ZC000195 whose registered office is at 25 Bedford Street, London, WC2E 9ES;

• “vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water;

• “watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;

• “WEMP” means the woodland enhancement management plan included in Schedule 7 (plans and documents to be certified) for the future management of that area of land referenced in Schedules 1 and 2 and certified as the WEMP by the Secretary of State for the purposes of this Order; and

• “works plans” means the plans with that name included in Schedule 7 (plans and documents to be certified) certified as the works plans by the Secretary of State for the purposes of this Order.

• (2) References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the enjoyment of interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land.

• (3) All measurements of distances, directions, lengths and volumes referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work.

• (4) For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

• (5) References in this Order to points identified by letters, with or without numbers, are to be construed as references to points so lettered on the plan to which the reference applies.

• (6) References in this Order to numbered works are references to the works as numbered in Schedule 1 (authorised development).

Disapplication and modification of legislative provisions

3

• (1) The following provisions do not apply in relation to the construction of works carried out for the purpose of, or in connection with, the construction or maintenance of the authorised development—

• (a) section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991[^f00024];

• (b) the provisions of any byelaws made under, or having effect as if made under, paragraph 5 of Schedule 25 (byelaw-making powers of the appropriate agency) to the Water Resources Act 1991[^f00025]; and

• (c) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016[^f00026] in respect of a flood risk activity only.

• (2) On and after the date on which the authorised development is commenced, any conditions of a planning permission granted under section 57 (planning permission required for development) of the 1990 Act and which relate to the land within the Order limits cease to have effect to the extent they are inconsistent with the authorised development or anything done in accordance with or approved under the requirements set out in Schedule 2 (requirements).

• (3) Sections 25 (penalties for improper deposit of hard materials in the river) and 26 (no mud to be cast into the river except as admiralty direct) of the River Humber Conservancy Act 1852[^f00027], section 9 (licences for execution of works) of the Humber Conservancy Act 1899[^f00028], section 6(2) (no erections in Humber below river lines or without licence above river lines) and section 8 (sand &c. not to be removed from bed or foreshore of River Humber without licence of Commissioners) of the Humber Conservancy Act 1905[^f00029] do not apply to the authorised development.

Incorporation of the 1847 Act

4

• (1) With the exception of sections 5 to 25, 30, 35, 36, 38, 39, 43, 47 to 50, 53 to 55, 59 to 64, 66, 67, 69, 71 to 73, 77 to 102 and 104, the 1847 Act is incorporated in this Order, subject to the modifications stated in sub-paragraph (2).

• (2) For the purposes of the 1847 Act, as so incorporated—

• (a) the expression “the special Act” means this Order;

• (b) the expression “the harbour, dock, or pier” means the authorised development;

• (c) the expression “the harbour master” means, in relation to the authorised development, the dock master;

• (d) the meaning assigned to the word “vessel” by section 3 of the 1847 Act is replaced by the definition of “vessel” contained in article 2(1); and

• (e) section 53 of the 1847 Act shall not be construed as requiring the harbour master to serve upon the master of a vessel a notice in writing of his directions but such directions may be given orally or otherwise communicated to such master, provided that a notice which is not in writing shall not be deemed to be sufficient unless in the opinion of the court before which any case may be heard it was not reasonably practicable to serve a written notice on the master of the vessel.

PART 2

PRINCIPAL POWERS

Development consent etc. granted by the Order

5

Subject to the provisions of this Order including the requirements in Schedule 2 (requirements), the undertaker is granted development consent for the authorised development to be carried out within the Order limits.

Maintenance of authorised development

6

• (1) The undertaker may at any time maintain the authorised development, except to the extent that this Order or an agreement made under it, provides otherwise.

• (2) This article does not authorise any works which are likely to give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Limits of deviation

7

In carrying out the authorised development comprising the works numbered in Schedule 1 (authorised development) the undertaker may—

• (a) deviate laterally from the lines or situations of the authorised development shown on the works plans to the extent of the limits of deviation shown on those plans for that work; and

• (b) deviate vertically from the levels of the authorised development shown on the engineering sections, drawings and plans:

• (i) to any extent upwards as the undertaker considers to be necessary or convenient but not exceeding two metres; or

• (ii) save for Work No. 2 in Schedule 1 (authorised development), to any extent downwards as the undertaker considers to be necessary or convenient.

Benefit of Order

8

Subject to article 9 (transfer of benefit of Order, etc.) the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of the undertaker.

Transfer of benefit of Order, etc.

9

• (1) The undertaker may, with the written consent of the Secretary of State—

• (a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order (excluding the deemed marine licence) that apply to the undertaker and such statutory rights as may be agreed between the undertaker and the transferee; or

• (b) grant to another person (“the grantee”) for a period agreed between the undertaker and the grantee any or all of the benefit of the provisions of this Order that apply to the undertaker and such related rights as may be so agreed.

• (2) Where an agreement has been made in accordance with paragraph (1) references in the provisions of this Order that apply to the undertaker must include references to the transferee or the grantee, as the case may be.

• (3) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

PART 3

POWERS OF ACQUISITION

Compulsory acquisition of rights

10

• (1) Subject to the following paragraphs of this article, the undertaker may acquire compulsorily such rights over the Order land or impose restrictive covenants affecting the land as is required for the carrying out and use of the authorised development, by creating them as well as acquiring rights already in existence.