Legalize / United Kingdom / Statutory-Instrument

The Associated British Ports (Immingham Green Energy Terminal) Order 2025

Type Statutory-Instrument

Publication 2025-02-06

Last updated 2025-02-27

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(a) the provisions of the 1847 Act incorporated in this Order by article 4 (incorporation of the 1847 Act);

(b) Trinity House in the exercise of its statutory functions;

(c) any matter for which the consent or approval of the Secretary of State, the Statutory Conservancy and Navigation Authority or the MMO is required under any provision of this Order.

Procedure regarding certain approvals, etc.

62

(1) Where an application is made to or request is made of any authority, body or person pursuant to any of the provisions of this Order for any consent, agreement or approval required or contemplated by any of the provisions of the Order, such consent, agreement or approval to be validly given, must be given in writing and must not be unreasonably withheld or delayed.

(2) When any consent, agreement or approval is required of, or with, the relevant planning authority pursuant to a requirement set out in Schedule 2 (requirements) such consent agreement or approval must not be given if it would—

(a) permit development (so far as the development falls within a Work No.)—

(i) outside of the extent of the area shown on the works plans for the Work No. in which that development is comprised; or

(ii) exceeding the maximum built element height set out in column (2) of the table at paragraph 4(5) of Schedule 2 (requirements) for development comprised in the corresponding Work No. set out in column (1) of that table; or

(iii) below the minimum built element height set out in column (5) of the table at paragraph 4(5) of Schedule 2 (requirements) for the corresponding built element set out in column (4) of that table; or

(b) give rise to any materially new or materially different significant effects on the environment that have not been assessed in the environmental statement or in any environmental information supplied under the 2017 Regulations.

(3) When any details, plans or other matters have been consented, agreed or approved by the relevant planning authority pursuant to a requirement set out in Schedule 2 (requirements), then they may subsequently be amended by agreement with the relevant planning authority provided that no amendments to those details, plans or other matters may be approved where such amendments would—

(a) permit development (so far as the development falls within a Work No.)—

(i) outside of the extent of the area shown on the works plans for the Work No. in which that development is comprised; or

(ii) exceeding the maximum built element height set out in column (2) of the table at paragraph 4(5) of Schedule 2 (requirements) for development comprised in the corresponding Work No. set out in column (1) of that table; or

(iii) below the minimum built element height set out in column (5) of the table at paragraph 4(5) of Schedule 2 (requirements) for the corresponding built element set out in column (4) of that table; or

(b) give rise to any materially new or materially different significant effects on the environment that have not been assessed in the environmental statement or in any environmental information supplied under the 2017 Regulations.

(4) Subject to paragraph (5), Schedule 17 (procedure regarding certain approvals, etc.) has effect in relation to all consents, agreements or approvals required or contemplated by any of the provisions of this Order.

(5) Schedule 17 (procedure regarding certain approvals, etc.) does not apply—

(a) in respect of any consents, agreements or approvals contemplated by the provisions of Schedule 14 (protective provisions) or any difference or dispute under article 20(6) (protective works) to which, in each case, article 61 (arbitration) instead applies; or

(b) in respect of the Statutory Conservancy and Navigation Authority.

(6) If before this Order came into force the undertaker or any other person took any steps that were intended to be steps towards compliance with any provision of Schedule 2 (requirements), those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

Certification of documents, public register, etc.

63

(1) As soon as practicable after the making of this Order, the undertaker must submit copies of each of the plans and documents set out in Schedule 15 (documents and plans to be certified) to the Secretary of State for certification as true copies of those plans and documents.

(2) Where any plan or document set out in Schedule 15 (documents and plans to be certified) is required to be amended to accord with the terms of the Secretary of State’s decision to make the Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the plan or document required to be certified under paragraph (1).

(3) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

(4) The undertaker must, as soon as practicable following the making of this Order, establish and, for the lifetime of the authorised project pursuant to this Order, maintain in an electronic form suitable for inspection by members of the public a copy of each of the documents listed in Schedule 15 (documents and plans to be certified) as may be amended in accordance with paragraph (2).

Service of notices

64

(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post;

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 of the Interpretation Act 1978[^f00103] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is taken to be fulfilled only where—

(a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

(b) the notice or document is capable of being accessed by the recipient;

(d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within seven days of receipt that the recipient requires a paper copy of all or part of that notice or other document, the sender must provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than seven days after the date on which the notice is given.

(9) This article does not exclude the employment of any method of service not expressly provided for by it.

(10) In this article “legible in all material respects”, in relation to a notice or document, means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

SCHEDULE 1 — AUTHORISED PROJECT

PART 1 — AUTHORISED DEVELOPMENT

In the Borough of North East Lincolnshire, a nationally significant infrastructure project as defined in sections 14(1)(j)[^f00104] (nationally significant infrastructure projects: general) and sections 24(2) and 24(3)(c)[^f00105] (harbour facilities) of the 2008 Act and associated development within the meaning of section 115(2)[^f00106] (development for which development consent may be granted), comprising—

Nationally significant infrastructure project

Work No. 1

1

Within the area shown on sheets 1, 2 and 3 of the works plans as Work No. 1, a multi-user marine terminal for the import and export of bulk liquids including—

(a) Work No. 1a, within the area shown as such, being—

(i) an open piled approach jetty leading to a jetty head with a single berth with loading and unloading platforms and associated dolphins, fenders and walkways; and

(ii) supporting jetty topside infrastructure including marine loading arms, pipes, valves, pipe racks and other process equipment, roadways, footways, maintenance and access platforms, lighting infrastructure, utilities (including electrical systems, firewater systems, communication systems, security systems and potable water supply), ship access equipment, electrical rooms, control rooms, shelters, toxic refuge rooms and other berth furniture;

(b) a dredged pocket to create a berthing pocket;

(c) piling works and other construction works (including cathodic protection, scour prevention and remediation works); and

(d) related landside infrastructure including a jetty access ramp, flood defence access ramp, other access infrastructure, local flood defence works, pipelines, pipes, lighting infrastructure, utilities (including electrical systems, communication systems, security systems and potable water supply), drainage, culverts, traffic control systems, gates and fencing.

Associated development

Work No. 2

2

Within the area shown on sheets 3 and 4 of the works plans as Work No. 2, a jetty access road, pipe-racks, pipelines, pipes and associated buildings, plant and infrastructure including—

(a) a private road for access to Work No 1. from Laporte Road including formation of a new access from Laporte Road;

(b) a gated access control point with security access gates, parking area, a security building and a power distribution building;

(c) above ground pipe-racks, pipelines, pipes, cables and other conducting media between works within this Work No. 2 and those comprised in Work Nos. 1 and 3; and

(d) lighting infrastructure, utilities (including electrical systems, communication systems, security systems and potable water supply), drainage, culverts, traffic control systems, gates and fencing.

Work No. 3

3

Within the area shown on sheets 4 and 5 of the works plans as Work No. 3, an ammonia storage tank and associated buildings, plant and infrastructure including—

(a) Work No. 3a, within the area shown as such, being an ammonia storage tank including boil-off gas processing unit, ammonia tank flare stack, pumps and associated plant and infrastructure;

(b) piling and foundations;

(d) process and utility equipment some of which may be within enclosed shelters including instrument air compressor equipment, instrument air drier equipment, instrument air drier receiver equipment, emergency generator and fuel storage, fire water tank and firewater pump equipment, chemical dosing equipment and associated equipment;

(e) pipe-racks and cable-racks and above and below ground pipelines, pipes, cables, ducts and other conducting media between works within this Work No.3 and those comprised in Work Nos. 4 and 6;

(f) road access from the highway at two locations from Laporte Road and one location from an unnamed private road off Queens Road;

(g) internal site roads, hard standing and parking areas;

(h) drainage system, associated sumps and pumps and a water retention pond;

(i) utilities, transformers and lighting infrastructure; and

(j) fencing and gates.

Work No. 4

4

Within the area of land shown on sheet 4 of the works plans as Work No. 4, an underground culvert, containing pipelines, pipes, cables and other conducting media, with any required cathodic protection, under Laporte Road, to link Work Nos. 3 and 5 and including related surface works, fencing, excavations, back-filling and making good to the highway.

Work No. 5

5

Within the area shown on sheets 3, 4 and 5 of the works plans as Work No. 5, a hydrogen production facility and associated buildings, plant and infrastructure including—

(a) Work No. 5a, within the area of land shown as such, being up to three hydrogen production units each including fired heater, fired heater flue gas stack, flare stack, heat exchangers, compressor buildings, associated structures, process equipment, pipe-racks, pipelines, pipes, cable-racks, cables and other conducting media;

(b) piling and foundations;

(d) process and utility equipment some of which may be within enclosed shelters including, instrument air compressor equipment, instrument air drier equipment, instrument air drier receiver equipment, emergency generator and fuel storage, fire water tank, fire water pump equipment, chemical dosing equipment and associated equipment;

(e) pipe-racks and cable-racks and above and below ground pipelines, pipes, cables, ducts and other conducting media between works within this Work No. 5 and those comprised in Work Nos. 2 and 4;

(f) road access from the highway at two locations on Laporte Road;

(g) road access at one location from the unnamed private access road off Queens Road;

(h) internal site roads, hard standing and parking areas;

(i) drainage system, associated sumps and pumps and a water retention pond;

(j) utilities, transformers and lighting infrastructure; and

(k) fencing and gates.

Work No. 6

6

Within the area shown on sheets 4, 5 and 6 of the works plans as Work No. 6, underground pipelines, pipes, cables and other conducting media, with any required cathodic protection, linking Work Nos. 3 and 7.

Work No. 7

7

Within the area shown on sheets 5, 6 and 7 of the works plans as Work No. 7, a hydrogen production, storage and distribution facility and associated buildings, plant and infrastructure, including—

(a) Work No. 7a, within the area shown as such, comprising—

(i) up to two hydrogen production units each including fired heater, fired heater flue gas stack, heat exchangers, compressor buildings, flare stack, associated structures, process equipment, pipe-racks, pipelines, pipes, cable-racks, cables and other conducting media; and

(ii) one hydrogen liquefier unit including a cold box with heat exchangers and expanders, compressor buildings, flare stack, associated structures, process equipment, pipe-racks, pipelines, pipes, cable-racks, cables and other conducting media;

(b) Work No. 7b, within the area shown as such, comprising—

(i) one hydrogen production unit, including fired heater, fired heater flue gas stack, heat exchangers, compressor buildings, flare stack, associated structures, process equipment, pipe-racks, pipelines, pipes, cable-racks, cables and other conducting media; and

(ii) up to three hydrogen liquefier units, each including a cold box with heat exchangers and expanders, compressor buildings, flare stack, associated structures, process equipment, pipe-racks, pipelines, pipes, cable-racks, cables and other conducting media;

(c) Work No. 7c, within the area shown as such, comprising hydrogen storage tanks, hydrogen trailer filling stations, pipe-racks, pipelines, pipes, cable-racks, cables and other conducting media, a hydrogen vent stack and associated process equipment;

(d) Work No. 7d, within the area of land shown as such, comprising hydrogen vehicle refuelling and trailer filling stations, hydrogen compressors, pipe-racks, pipelines, pipes, cable-racks, cables and other conducting media and associated process equipment;

(e) piling and foundations;

(f) control room and workshop building, security and visitor building, contractor building, warehouse, driver administration building, safe haven building, electrical substation and metering station, power distribution buildings, process instrumentation buildings, analyser buildings, temporary vehicle and contractor maintenance buildings;

(g) other associated buildings not exceeding 6 metres in height (and, for the purposes of this sub-paragraph (g), the expression “buildings” does not include structures, erections or equipment or any part of structures, erections or equipment);

(h) process and utility equipment some of which may be within enclosed shelters including cooling towers and pumps, instrument air compressor equipment, instrument air drier equipment, instrument air drier receiver equipment, nitrogen generation equipment, steam generation equipment, wastewater and water treatment equipment, emergency generator and fuel storage, fire water tank and firewater pump equipment, chemical dosing equipment and associated equipment;

(i) pipe-racks and cable-racks and above and below ground pipelines, pipes, cables and other conducting media between works within this Work No. 7 and those within Work No. 6;

(j) road access from the highway to the site at two locations from Kings Road and two locations from the A1173;

(k) internal site roads, hard standing and parking areas;

(l) drainage system, associated sumps and pumps and a water retention pond;

(m) utilities, transformers and lighting infrastructure; and

(n) fencing and gates.

Work No. 8

8

Within the area shown on sheets 5 and 6 of the works plans as Work No. 8, a temporary construction and laydown area including a road access from Queens Road, hard standing, open storage areas, storage buildings, contractor compound and staff welfare facilities, vehicle parking, roadways, fencing and gates and lighting infrastructure.

Work No. 9

9

Within the area shown on sheets 3 and 4 of the works plans as Work No. 9, a temporary construction and laydown area including a road access from Laporte Road, works to divert Bridleway Number 36, surface protections, open storage areas, storage buildings, vehicle parking, roadways, fencing and gates and lighting infrastructure.

Work No. 10

10

Within the area shown on sheets 6 and 7 of the works plans as Work No. 10, the temporary modification of overhead cables and lines and the temporary removal of highway signage, lamp posts and other street furniture.

Further associated development

11

In connection with such Work Nos. 1 to 10 and to the extent that they do not otherwise form part of any such work, further associated development within the Order limits comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised project which do not give rise to any materially new or materially different significant effects from those assessed in the environmental statement or in any environmental information supplied under the 2017 Regulations including—

(a) site preparation works including site clearance and set up (including fencing) and earthworks (including soil stripping and storage, ground preparation and site levelling, lowering and raising);

(b) temporary site construction compounds including (in each case temporary) fencing, storage areas (including for waste and spoil), welfare facilities, buildings, lighting infrastructure, access, parking and drainage infrastructure;

(c) the installation, removal or alteration of the position of services and apparatus including overhead cables and lines and above ground or below ground pipes, pipelines, sewers, watercourses, drains and cables and other conducting media and any pipe sleeves, ducts and culverts in which any apparatus is lodged;

(d) landscaping and other works to mitigate any adverse effects of the construction, maintenance, operation or decommissioning of the authorised project;

(e) works for the benefit or protection of land affected by the authorised project;

(f) works required for the strengthening, improvement, maintenance or reconstruction of any streets;

(g) works required for the protection, strengthening, improvement or maintenance of any buildings;

(h) street works, works to alter the layout of streets, the installation, alteration or removal of street furniture and the marking and lining of any street;

(i) the provision, strengthening, improvement, alteration, diversion and creation of ramps, means of access, footpaths, bridleways and cycleways;

(j) closed circuit television; and

(k) such other works, including works of demolition, as may be necessary for the purposes of or in connection with the construction, operation, maintenance and decommissioning of the authorised project.

PART 2 — ANCILLARY WORKS

12

Generally, works within the Order limits comprised in—

(a) surveying and setting-out;

(b) vegetation removal;

(d) installation of demarcation fencing, stockproof fencing and heras fencing or similar to enable the establishment of construction areas;

(e) survey trenches and pits; and

(f) demobilisation of construction works.

SCHEDULE 2 — REQUIREMENTS

Interpretation

1

In this Schedule—

“commence” means beginning to carry out any material operation (as defined in section 155 (when development begins) of the 2008 Act) forming part of the authorised project or the relevant part of it (in each case as specified where the term “commence” is used in this Schedule) other than operations consisting of— site clearance (excluding the clearance of trees or other vegetation from Long Strip); demolition work; environmental surveys and monitoring; investigations for the purposes of assessing ground and geological conditions; the receipt and erection of construction plant and equipment (excluding in relation to Work No. 9); the erection of temporary contractor and site welfare facilities (excluding in relation to Work No. 9); the diversion, laying and connection of services; the erection of any temporary means of enclosure, the temporary display of site notices or advertisements and “commencement”, and “commenced” are to be construed accordingly;

“decommissioning” means the decommissioning of the relevant part of the authorised project when it is no longer required for operational use or, as the case may be, upon the permanent cessation of operational use (such that it is the undertaker’s understanding and expectation that the relevant part will not be returned to operational use at some point in the future);

“hydrogen production facility building design code” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) and which has been certified by the Secretary of State as the hydrogen production facility building design code for the purposes of this Order;

“outline construction environmental management plan” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) and which has been certified by the Secretary of State as the outline construction environmental management plan for the purposes of this Order;

“outline construction traffic management plan” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) and which has been certified by the Secretary of State as the outline construction traffic management plan for the purposes of this Order;

“outline decommissioning environmental management plan” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) and which has been certified by the Secretary of State as the outline decommissioning environmental management plan for the purposes of this Order;

“outline landscape and ecology management plan” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) and which has been certified by the Secretary of State as the outline landscape and ecology management plan for the purposes of this Order;

“outline operational travel plan” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) and which has been certified by the Secretary of State as the outline operational travel plan for the purposes of this Order;

“woodland compensation plan” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) and which has been certified by the Secretary of State as the woodland compensation plan for the purposes of this Order.

Time limit for beginning of the authorised project

2

The authorised project must not begin (which has the meaning given in section 155 (when development begins) of the 2008 Act) later than the expiration of five years beginning with the date on which this Order comes into force.

Parts of the authorised project

3

Any application to the relevant planning authority pursuant to a paragraph of this Schedule in respect of a part of the authorised project must include a plan showing the part to which the application relates, the parts (if any) in respect of which an application pursuant to that paragraph has previously been approved by the relevant planning authority and the parts (if any) in respect of which the requirement for approval by the relevant planning authority pursuant to the paragraph remains to be satisfied.

Detailed approval

4

(1) No part of—

(a) any control building within the area of Work No. 5; or

(b) any control room and workshop building, security and visitor building, contractor building and warehouse within the area of Work No. 7,

may be constructed above its ground floor slab until details of the external materials to be used in the construction of that building have been submitted to and approved by the relevant planning authority.

(2) Any details submitted and approved under sub-paragraph (1) must be substantially in accordance with the principles contained in the hydrogen production facility building design code.

(3) The ammonia storage tank within Work No. 3a must not be brought into operational use until details of the external paint finish for the tank have been submitted to and approved by the relevant planning authority.

(4) The construction of the relevant buildings and ammonia storage tank must not be carried out other than in accordance with the details approved by the relevant planning authority under sub-paragraphs (1) and (3).

(5) In respect of the table below—

(a) no permanent built element of the authorised project within (as applicable) a Work No. or part of a Work No. set out in column (1) may exceed the maximum height set out in column (2) or the maximum finished ground level set out for that permanent built element in column (3); and

(b) the height of any permanent built element of the authorised project set out in column (4) within (as applicable) a Work No. or part of a Work No. set out in column (1) must exceed the minimum height set out in column (5) for that built element.

(1) Work No.	(2) Maximum built element height	(3) Maximum finished ground level	(4) Built element	(5) Minimum built element height
Work No.2	15m above finished ground level	5 metres above ordinance datum	-	-
Work No.3 (except Work No.3a)	20 metres above finished ground level	3.5 metres above ordinance datum	-	-
Work No.3a	65 metres above finished ground level	3.5 metres above ordinance datum	-	-
Work No.5 (except Work No.5a)	20 metres above finished ground level	3.8 metres above ordinance datum	-	-
Work No.5a	45 metres above finished ground level	3.8 metres above ordinance datum	Hydrogen production unit flare stack	37 metres above finished ground level
Work No.7 (except Work Nos. 7a, 7b, 7c and 7d)	20 metres above finished ground level	2.5 metres above ordinance datum	-	-
Work Nos.7a, 7b and 7c	45 metres above finished ground level	2.5 metres above ordinance datum	Hydrogen production unit flare stack	37 metres above finished ground level
Work No. 7d	15 metres above finished ground level	2.5 metres above ordinance datum	-	-

Phasing

5

(1) The ammonia storage tank within Work No. 3a and the hydrogen production units within Work Nos. 5 and 7 must not be brought into operational use until the jetty forming part of Work No. 1 is available for use.

(2) The construction of no more than two hydrogen production units and no more than one hydrogen liquefier unit may begin until a plan setting out the phase of works relating to any additional hydrogen production unit or hydrogen liquefier unit has been submitted to and approved by the relevant planning authority.

Construction environmental management plan

6

(1) No works forming part of Work No. 1 outside of the UK marine area (except the clearance of trees or other vegetation from Long Strip) may be commenced until a construction environmental management plan for that part of the works has been submitted to and approved by the relevant planning authority, following consultation with the Environment Agency on matters related to its function; and any such construction environmental management plan and the construction environmental management plan submitted pursuant to paragraph 8 of Part 2 (conditions applying to all licensable activities) of Schedule 3 (deemed marine licence) may be comprised in the same document.

(2) No works forming part of Work No. 2 (except the clearance of trees or other vegetation from Long Strip), Work No. 3, Work No. 4, Work No. 5, Work No. 6, Work No. 7, Work No. 8 or Work No. 9 may be commenced until a construction environmental management plan for those works has been submitted to and approved by the relevant planning authority, following consultation with the Environment Agency and Natural England on matters related to their functions.

(3) Any construction environmental management plan submitted and approved under sub-paragraph (1) and (2) must be substantially in accordance with the outline construction environmental management plan.

(4) Any works forming part of Work No. 1 outside of the UK marine area, Work No. 2, Work No. 3, Work No. 4, Work No. 5, Work No. 6, Work No. 7, Work No. 8 and Work No. 9 must be carried out in accordance with the approved construction environmental management plan for those works, unless otherwise approved by the relevant planning authority.

(5) The clearance of trees or other vegetation from Long Strip must be carried out in accordance with the Long Strip construction environmental management plan, unless otherwise approved by the relevant planning authority.

Construction traffic management plan

7

(1) No part of the authorised project outside of the UK marine area (except the clearance of trees or other vegetation from Long Strip) may be commenced until the construction traffic management plan for that part has been submitted to and approved by the relevant planning authority.

(2) Any construction traffic management plan submitted and approved under sub-paragraph (1) must be substantially in accordance with the outline construction traffic management plan.

(3) Each part of the authorised project outside of the UK marine area must be carried out in accordance with any approved construction traffic management plan for that part, unless otherwise approved by the relevant planning authority.

Highway works

8

(1) Before the construction of any works to a highway maintainable at the public expense begins, written details of those works, including a plan of any land which is not such highway but which it is proposed for the purposes of article 10 (construction and maintenance of new, altered or diverted streets) is to become such highway on completion of those works, must be submitted to and approved by the relevant planning authority following consultation with the highway authority on matters related to its functions.

(2) Before the construction of the underground culvert forming part of Work No. 4 begins, written details of the design of such underground culvert, back-filling and making good to the highway and the construction methodology for its installation must be submitted to and approved by the relevant planning authority following consultation with the highway authority on matters related to its functions.

(3) The works referred to in sub-paragraph (1) and the underground culvert, back-filling and making good referred to in sub-paragraph (2) must be constructed in accordance with the approved details, unless otherwise approved by the relevant planning authority following consultation with the highway authority on matters related to its function.

Construction hours

9

(1) Subject to sub-paragraph (2), no works of construction comprised in Work Nos. 2 to 7 are to take place on a bank holiday or outside the hours of 07:00 to 19:00 on Mondays to Saturdays, unless otherwise agreed with the relevant planning authority.

(2) The following works comprised in Work Nos. 2 to 7 are permitted outside the days and hours stated in sub-paragraph (1) provided such works do not give rise to any materially new or materially different effects than those assessed in the environmental statement or in any environmental information supplied under the 2017 Regulations —

(a) works that cannot be interrupted, including concrete pours, or that need to be conducted outside of normal work hours for safety reasons, including radiographic testing;

(b) emergency works;

(d) works that do not exceed maximum permitted levels of noise at each agreed monitoring location to be determined with reference to the ABC Assessment Method for the different working time periods, as set out in BS 5228-1:2009+A1:2014, unless otherwise agreed with the relevant planning authority for specific construction activities;

(e) works necessary to support the construction of Work No. 1.

(3) Any emergency works referred to in sub-paragraph (2)(b) must be notified to the relevant planning authority within 24 hours of being begun.

(4) In this article, “bank holiday” means—

(a) a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971;

(b) Christmas Day; or

Landscape and ecology management plan

10

(1) No part of Work Nos. 3, 5 or 7 may be brought into operational use until details of the landscape and ecology measures associated with that part, the timing of provision of those measures and a plan for securing their establishment and maintenance have been submitted to and approved by the relevant planning authority.

(2) The details submitted and approved under sub-paragraph (1) must be substantially in accordance with the principles contained in the outline landscape and ecology management plan.

(3) The landscape and ecology measures approved under sub-paragraph (1) must be carried out, established and maintained in accordance with the details approved under sub-paragraph (1).

(4) Where any tree or shrub planted pursuant to this paragraph that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, that tree or shrub must be replaced by the undertaker in the first available planting season with a specimen of the same species and size as that originally planted, unless otherwise approved by the relevant planning authority.

Woodland compensation plan

11

The woodland compensation plan must be complied with, unless otherwise approved by the relevant planning authority.

Surface water drainage

12

(1) No part of Work No. 1 outside of the UK marine area, Work Nos. 2, 3, 5 or 7 (except the clearance of trees or other vegetation from Long Strip) may be commenced until the drainage strategy for that part has been submitted to and approved by the relevant planning authority, following consultation with the Environment Agency and the Board on matters related to their respective functions.

(2) Any drainage strategy submitted and approved under sub-paragraph (1) must be substantially in accordance with the outline drainage strategy contained in appendix 18.B of the environmental statement.

(3) Each part of Work No. 1 outside of the UK marine area, Work Nos. 2, 3, 5 and 7 must be carried out in accordance with the drainage strategy approved under sub-paragraph (1) for that part, unless otherwise approved by the relevant planning authority.

Flood risk assessment

13

The authorised project outside of the UK marine area must be carried out and operated in accordance with the approved flood risk assessment contained in appendix 18A of the environment statement, unless otherwise approved by the relevant planning authority.

Queens Road residential properties

14

(1) No part of Work No. 7 may be brought into operational use until, in respect of the Queens Road residential properties—

(a) the undertaker has entered on and taken possession of all of the Queens Road residential properties following either compulsory acquisition pursuant to article 22 (compulsory acquisition of land) of this Order or acquisition of it by agreement by the Company or Air Products (whether before or after the date of this Order);

(b) the use of all of the Queens Road residential properties for residential purposes has ceased; and

(2) From the date of the notice served on the relevant planning authority pursuant to sub-paragraph (1), no part of the Queens Road residential properties may be used for residential purposes for so long as any part of Work No. 7 is in operational use.

(3) In this article—

(a) “Queens Road residential properties” means the land comprised in plots 5/3, 5/4, 7/15, 7/16, 7/17, 7/18, 7/20, 7/21, 7/22 or 7/23 shown on the land plans and described in the book of reference; and

(b) “residential purposes” means any use falling within a class set out in Part C of Schedule 1 to the Town and Country Planning (Use Classes) Order 1987 (as in force at the date of this Order) or any other use for residential purposes.

Contaminated land

15

(1) No part of Work No. 1 outside of the UK marine area, Work Nos. 2 to 7 (except the clearance of trees or other vegetation from Long Strip) may be commenced until a written remediation strategy applicable to that part to deal with any contamination of that applicable land which is likely to cause significant harm to persons or pollution of controlled waters or the environment has been submitted to and approved by the relevant planning authority, following consultation with the Environment Agency on matters related to its function.

(2) In the event that any unexpected contamination is discovered during the construction of any part of Work No. 1 outside of the UK marine area, Work Nos. 2 to 7, the part of the works to which the contamination relates must cease until a site investigation and assessment report applicable to that part and, if necessary, a remediation strategy to deal with any contamination which is likely to cause significant harm to persons or pollution of controlled waters or the environment has been submitted to and approved by the relevant planning authority, following consultation with the Environment Agency on matters related to its function.

(3) Any remediation strategy submitted under sub-paragraphs (1) or (2) must be substantially in accordance with the outline remediation strategy contained in appendix 21.C of the environmental statement.

(4) Any remediation required pursuant to sub-paragraphs (1) or (2) must be carried out in accordance with the remediation strategy approved pursuant to sub-paragraphs (1) or (2) (as the case may be) unless otherwise approved by the relevant planning authority.

(5) Any verification report required by a remediation strategy approved pursuant to sub-paragraphs (1) or (2) must be submitted to the relevant planning authority in accordance with that remediation strategy.

External lighting

16

(1) No part of the authorised project within Work No. 1 outside of the UK marine area, pr Work Nos. 2, 3, 5 and 7 may be brought into operational use until a written scheme of the proposed operational external lighting relating to that part has been submitted to and approved by the relevant planning authority.

(2) Any scheme submitted and approved under sub-paragraph (1) must be substantially in accordance with the lighting assessment report contained in appendix 2.B of the environmental statement.

(3) Each part of Work No. 1 outside of the UK marine area, Work Nos. 2, 3, 5 and 7 must be operated in accordance with the scheme approved under sub-paragraph (1) for that part, unless otherwise approved by the relevant planning authority.

Control of noise during operational use

17

(1) No part of the authorised project comprised in Work Nos. 3, 5 or 7 may be brought into operational use until a scheme for noise management (addressing any parts of Work Nos. 3, 5 and 7 to which the application relates together with any parts in respect of which a scheme has previously been approved) has been submitted to and approved by the relevant planning authority.

(2) Any scheme submitted and approved under sub-paragraph (1) must demonstrate that the effects of noise on the noise sensitive receptors identified in chapter 7 of the environmental statement are no worse than the residual effects identified in that chapter.

(3) Each part of Work Nos. 3, 5 and 7 must be operated in accordance with the scheme approved under sub-paragraph (1) for that part, unless otherwise approved by the relevant planning authority.

Decommissioning environmental management plan

18

(1) Prior to the decommissioning of (in each case) the entirety of Work Nos. 2 (except the jetty access road), 3, 4, 5, 6 or 7, a decommissioning environmental management plan for that part of the authorised project must be submitted to and approved by the relevant planning authority, following consultation with the Environment Agency on matters related to its function.

(2) Any decommissioning environmental management plan submitted and approved under sub-paragraph (1) must be substantially in accordance with the outline decommissioning environmental management plan.

(3) The decommissioning of (in each case) the entirety of Work Nos. 2 (except the jetty access road), 3, 4, 5, 6 or 7 must be carried out in accordance with the approved decommissioning environmental management plan for that part of the authorised project unless otherwise approved by the relevant planning authority.

Operational travel plan

19

(1) No part of the authorised project comprised in Work Nos. 3, 5 or 7 may be brought into operational use until an operational travel plan relating to that part of the authorised project has been submitted to and approved by the relevant planning authority.

(2) Any operational travel plan submitted and approved under sub-paragraph (1) must be substantially in accordance with the outline operational travel plan.

(3) Each part of Work Nos. 3, 5 and 7 must be operated in accordance with the approved operational travel plan for that part, unless otherwise approved by the relevant planning authority.

Operational phase flood emergency response plans

20

(1) No part of Work No. 1 outside of the UK marine area, Work Nos. 2, 3, 5 or 7 may be brought into operational use until a flood emergency response plan to apply during operation of that part has been submitted to and approved by the relevant planning authority, following consultation with North East Lincolnshire Council in its capacity as lead local flood authority (within the meaning of section 6 (other definitions) of the Flood and Water Management Act 2010[^f00107]) and the Environment Agency on matters related to their respective functions.

(2) Any flood emergency response plan submitted and approved under sub paragraph (1) must be substantially in accordance with the flood risk assessment contained in appendix 18.A of the environmental statement.

(3) Each part of Work No. 1 outside of the UK marine area, Work Nos. 2, 3, 5 and 7 must be operated in accordance with the plan approved under sub-paragraph (1) for that part, unless otherwise approved by the relevant planning authority.

Flood Defence Agreement

21

No part of the authorised project shall be commenced until a Flood Defence Agreement between the Applicant and the Environment Agency regarding the reconstruction, future ownership, operation and maintenance of the flood defence that will be impacted by the authorised project, has been submitted to and approved by the Local Planning Authority. The authorised project must be carried out in accordance with the approved agreement.

SCHEDULE 3 — DEEMED MARINE LICENCE

PART 1 — GENERAL

Interpretation

1

In this Schedule—

“the 2008 Act” means the Planning Act 2008;

“the 2009 Act” means the Marine and Coastal Access Act 2009[^f00108];

“the 2017 Regulations” means the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017;

“2023 sediment sampling plan” means— the document of that name identified in the table at Schedule 15 (documents and plans to be certified) of the Order and which has been certified by the Secretary of State as the 2023 sediment sampling plan for the purposes of the Order, which sets out— a detailed dredging methodology; dredge locations; dredge amounts (total and annual, if applicable); dredge depths; duration of dredging activities; whether the dredge is a capital dredging activity or a maintenance dredging activity; and specific gravity of the material or material type; and any sediment sampling analyses submitted to the MMO related to the plan to which sub-paragraph (a) refers prior to its expiry;

“the authorised development” has the meaning given in paragraph 3(2);

“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;

“business hours” means the period from 09:00 until 17:00 on any business day;

“capital dredge” means dredging to a depth not previously dredged, or to a depth not dredged within the last 10 years and is generally undertaken to create or deepen navigational channels, berths or to remove material deemed unsuitable for the foundation of a construction project and “capital dredging” is to be construed accordingly;

“Chart Datum” means 3.9 m below ordinance datum (Newlyn), corresponding with a depth of 7.6m of the outer sill of the Port of Immingham;

“cold weather construction restriction strategy” means the strategy of that description referred to in paragraph 11 of this Schedule;

“commence” means beginning to carry out any part of a licensed activity and “commenced” and “commencement” are to be construed accordingly;

“condition” means a condition in Part 2 and Part 3 of this licence and references in this licence to numbered conditions are to the conditions with those numbers in Part 2;

“consolidated dredged materials” mean materials including glacial clay with a diameter of less than 31.25 micrometres and gravel with a diameter of at least 2 and less than 64 millimetres;

“environmental statement” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) of the Order and which has been certified by the Secretary of State as the environmental statement for the purposes of the Order;

“existing marine licence” means licence L/2014/00429 and any variation to it or any subsequent equivalent successor licence as may be granted that permits the disposal of dredged arisings from the Port of Immingham;

“flood risk assessment” means the flood risk assessment contained in appendix 18A of the environmental statement;

“further sediment sampling plan” means— any further sediment sampling plan approved by the MMO in accordance with paragraph 9(2) of this Schedule which sets out— a detailed dredging methodology; dredge locations; dredge amounts (total and annual, if applicable); dredge depths; duration of dredging activities; whether the dredge is a capital dredging activity or a maintenance dredging activity; and specific gravity of the material or material type; and any sediment sampling analyses submitted by the MMO related to the plan to which sub-paragraph (a) refers prior to its expiry;

“high water” means daily high tides in every lunar day;

“HU056” means the area bounded by co-ordinates (53°39.3000’N, 00°10.4898’W), (53°39.0499’N, 00°10.4700’W), (53°38.8201’N, 00°09.4398’W), (53°39.3000’N, 00°10.4898’W);

“HU060” means the area bounded by co-ordinates (53°39.3000’N, 00°10.4898’W) (53°38.7499’N, 00°10.4536W); (53°38.7575’N, 00°10.4677’W), (53°38.7648’N, 00°10.4823’W), (53°38.7718’N, 00°10.4974’W), (53°38.7784’N, 00°10.5128’W), (53°38.7847’N, 00°10.5287’W), (53°38.7906’N, 00°10.5450’W), (53°38.7962’N, 00°10.5617’W), (53°38.8013’N, 00°10.5787’W), (53°38.8061’N, 00°10.5960’W), (53°38.8105’N, 00°10.6136’W), (53°38.8145’N, 00°10.6315’W), (53°38.8181’N, 00°10.6496’W), (53°38.8213’N, 00°10.6679’W), (53°38.8240’N, 00°10.6864’W), (53°38.8264’N, 00°10.7051’W), (53°38.8283’N, 00°10.7239’W), (53°38.8298’N, 00°10.7428’W), (53°38.8309’N, 00°10.7618’W), (53°38.8315’N, 00°10.7809’W), (53°38.8317’N, 00°10.8000’W), (53°38.8315’N, 00°10.8191’W), (53°38.8309’N, 00°10.8382’W), (53°38.8298’N, 00°10.8572’W), (53°38.8283’N, 00°10.8761’W), (53°38.8264’N, 00°10.8949’W), (53°38.8240’N, 00°10.9136’W), (53°38.8213’N, 00°10.9321’W), (53°38.8181’N, 00°10.9504’W), (53°38.8145’N, 00°10.9685’W), (53°38.8105’N, 00°10.9864’W), (53°38.8061’N, 00°11.0040’W), (53°38.8013’N, 00°11.0213’W), (53°38.7962’N, 00°11.0383’W), (53°38.7906’N, 00°11.0550’W), (53°38.7847’N, 00°11.0713’W), (53°38.7784’N, 00°11.0872’W), (53°38.7718’N, 00°11.1026’W), (53°38.7648’N, 00°11.1177’W), (53°38.7575’N, 00°11.1323’W), (53°38.7499’N, 00°11.1464’W), (53°38.7439’N, 00°11.1567’W), (53°38.7438’N, 00°11.1564’W), (53°38.5320’N, 00°10.8000’W), (53°38.7438’N, 00°10.4436’W) and (53°38.7439’N, 00°10.4434’W);

“licensable activity” means an activity licensable under section 66 of the 2009 Act;

“licensed activity” means any activity authorised in paragraph 3 of this Schedule;

“maintenance dredge” means a dredge undertaken to keep channels, berths and other areas at their designed depths, involving removing recently accumulated sediments such as mud, sand and gravel to a level that is not lower than it has been at any time during the past 10 years and “maintenance dredging” is to be construed accordingly;

“marine piles” means piles that will be in a free water condition during construction;

“MCMS” means the Marine Case Management System provided by the MMO;

“mean high water springs” means the average of high water heights occurring at the time of spring tides;

“mean low water springs” means the average of low water heights occurring at the time of spring tides;

“the MMO” means the Marine Management Organisation;

“outline marine written scheme of investigation” means the outline marine archaeological written scheme of investigation contained in appendix 15B to the environmental statement;

“Notice to Mariners” means any notice to mariners which may be issued by the Admiralty, Trinity House, the King’s harbour masters, government departments or harbour and pilotage authorities advising mariners of important matters affecting navigational safety;

“the Order” means the Associated British Ports (Immingham Green Energy Terminal) Order 2025;

“outline construction environmental management plan” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) of the Order and which has been certified by the Secretary of State as the outline construction environmental management plan for the purposes of the Order;

“percussive piles” means driven piles but excludes the handling, placing and vibro-driving of piles;

“percussive piling” for the purposes of this licence means the driving of piles by percussive means but does not include the handling, placing or vibro-driving of piles and a “marine pile” means a pile which will, during construction, be in a free-water state;

“the Port of Immingham” has the meaning given in the Order;

“relevant planning authority” has the meaning given in the Order;

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

“subtidal” means areas of the bed of the estuary permanently submerged throughout the tidal cycle;

“unconsolidated dredged materials” mean materials including alluvial sand with a diameter of at least 62.5 micrometres and less than two millimetres, alluvial silt with a diameter of at least 31.25 and less than 62.5 micrometres and gravel with a diameter of at least 2 and less than 64 millimetres;

“undertaker” has the meaning given to “undertaker” in article 2 (interpretation) of the Order;

“vessels” means every description of vessel, however propelled or moved, and includes a displacement and 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 in water and which is at the time in, on, or over water; and

“the works plans” means the plans of that name identified in the table at Schedule 15 (documents and plans to be certified) and which is certified by the Secretary of State as the works plans for the purposes of the Order.

(2) Unless otherwise specified, all geographical co-ordinates given in this Schedule are in latitude and longitude degrees and minutes to four decimal places.

(3) Tonnages of dredged materials are expressed in wet tonnes.

(4) References to sunset and sunrise are, unless otherwise agreed with the MMO, to be in accordance with the relevant daily set and rise times for the British Isles provided by HM Nautical Almanac Office.

Contacts

2

(1) Unless otherwise advised in writing by the MMO, the address for postal correspondence with the MMO for the purposes of this licence is the Marine Management Organisation, Marine Licensing Team, Lancaster House, Hampshire Court, Newcastle upon Tyne NE4 7YH, telephone 0300 123 1032 and, unless otherwise advised in writing, where contact to the local MMO office (local office) is required, the following contact details must be used: Marine Management Organisation, The MMO District Office - Crosskill House, Mill Lane, Beverley, HU17 9JB, telephone 0208 720 1344, email – beverley@marinemanagement.org.uk.

(2) Unless otherwise advised in writing by the MMO, the address for electronic communication with the MMO for the purposes of this licence is marine.consents@marinemanagement.org.uk or where contact to the local MMO office is required is beverley@marinemanagement.org.uk.

(3) Unless otherwise advised in writing by the MMO, MCMS must be used for all licence returns or applications to vary this licence. The MCMS address is: https://marinelicensing.marinemanagement.org.uk/mmofox5/fox/live/MMO_LOGIN/login.

(4) Unless otherwise stated in writing by the MMO, all notifications required by this licence must be sent by the undertaker to the MMO using MCMS.

Licensed marine activities

3

(1) Subject to the licence conditions in Part 2, this licence authorises the undertaker to carry out licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act which—

(a) form part of, or are related to, the authorised development; and

(b) are not exempt from requiring a marine licence by virtue of any provision made under section 74 (exemption specified by order) of the 2009 Act.

(2) For the purposes of this licence “the authorised development” means the construction, operation and maintenance of a liquid bulk facility on the River Humber comprising—

(a) within the area shown as Work No.1a on the works plans—

(i) an open piled approach jetty carrying on its surface a roadway, a footway, pipes, pipework and utilities and lighting, rising from ground level to cross over existing flood defence infrastructure and then extending from the shore in a north easterly direction connecting to a jetty head;

(ii) a jetty head comprising structures including loading and unloading platforms with mechanical loading arms, two breasting dolphins with fenders, each with a gangway tower and eight mooring dolphins linked by walkways;

(iii) four monopiles located in front of the jetty head or loading platform to provide fendering for smaller vessels;

(iv) a jetty head building, a separate refuge building with attached office, water closet and external safety shower, an electrical building, shelters, pump housing and pump canister;

(v) a jetty operations building located near the landside end of the jetty to house control room functions including switch room, operations room and welfare facilities;

(vi) topside infrastructure installed on the jetty to load and unload vessels including marine loading arms, gangways, pipes, piping, valves and other process equipment, maintenance access roadways and access ramps;

(vii) lighting infrastructure, utilities and electrical systems including firewater systems, communication systems and security systems;

(viii) piling works and construction operations within the River Humber;

(b) within the area shown as Work No.1 on sheets 1, 2, 3 and 4 of the works plans, capital dredging works within the River Humber related to the works to which paragraph 3(2)(a) refers and the disposal of any arisings from such dredging;

(i) alter, clean, modify, dismantle, refurbish, reconstruct, carry out excavations and clearance (excluding clearance or detonation of ordnance), deepen, scour and cleanse;

(ii) temporarily remove, alter, strengthen, interfere with, occupy and use the banks, bed, foreshore and waters of the River Humber;

(iii) remove, relocate or replace any work or structure;

(iv) construct, place and maintain works and structures including piled fenders; and

(v) alter the course or otherwise interfere with navigable or non-navigable watercourses;

(d) such other works as may be necessary or convenient for the purposes of, or in connection with or in consequence of, the construction, maintenance, operation or use of the authorised development, including works for the accommodation or convenience of vessels (including but not limited to berthing and mooring facilities, ladders, buoys, bollards, dolphins, fenders and pontoons) and lighting.

Licence to dredge and deposit

4

(1) Subject to paragraph 5, the undertaker is permitted to undertake a capital dredge to a depth of 14.5 metres below chart datum (with an allowance for the tolerances of the dredging equipment) of the berth pocket, the grid coordinates for which are specified in paragraph 5(2).

(2) The materials dredged may not exceed the approximate quantities and must be deposited at the locations set out in the following table—

Material	Volume (m3)	Specific gravity	Maximum tonnage (wet tonnes)	Disposal site
Unconsolidated	3,900	1.35	5,265	HU060
Consolidated	100	2.26	226	HU056

(3) It is acknowledged that pursuant to section 75 of the 2009 Act the undertaker does not need a marine licence to carry out maintenance dredging within the statutory harbour authority area of the Port of Immingham and that the disposal of dredged arisings for such maintenance dredging is permitted in accordance with the existing marine licence.

(4) Arisings of consolidated and unconsolidated materials from the capital dredge must be deposited at HU056 or HU060.

(5) It is noted that arisings of unconsolidated materials from maintenance dredging must be deposited at HU060 in accordance with the existing marine licence.

Details of licensed marine activities

5

(1) The grid coordinates within the UK marine area within which the undertaker may carry out a licensed activity (save for the capital dredge and disposal of any arisings from such dredge to which paragraph 3(2)(b) refers) are specified below—

Point reference	Latitude	Longitude
1	53.622880	-0.169136
2	53.623860	-0.167200
3	53.627714	-0.157052
4	53.630360	-0.155051
5	53.628116	-0.145503
6	53.624711	-0.147881
7	53.624489	-0.153444
8	53.621258	-0.164738

(2) No capital dredging may be carried out by the undertaker other than within the area of the River Humber bounded by the grid coordinates specified below and identified as Work No. 1 on sheets 1, 2, 3 and 4 of the works plans—

Point reference	Latitude	Longitude
1	53.627888	-0.155204
2	53.628925	-0.154488
3	53.627495	-0.148612
4	53.626455	-0.149329

PART 2 — CONDITIONS APPLYING TO ALL LICENSABLE ACTIVITIES

General

6

(1) With respect to any provision of this Schedule which requires the licensed activities to be carried out in accordance with documents, strategies, information, plans, protocols or statements approved by the MMO prior to or under this licence, the documents, strategies, information, plans, protocols or statements so approved are taken to include amendments approved in writing by the MMO subsequent to the first approval of those documents, strategies, information, plans, protocols or statements provided it has been demonstrated to the satisfaction of the MMO that the subject matter of the relevant amendments does not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement or in any environmental information supplied under the 2017 Regulations.

(2) When any approval or agreement is required of, or with, the MMO pursuant to this Schedule such approval or agreement must not be given if it would give rise to any materially new or materially different significant effects on the environment that have not been assessed in the environmental statement or in any environmental information supplied under the 2017 Regulations.

Before licensed activities

Notifications regarding licensed activities

7

(1) The undertaker must inform the MMO—

(a) at least five business days prior to the commencement of the first licensed activity; and

(b) within five business days following the completion of the final licensed activity,

of the commencement or the completion (as applicable).

(2) The undertaker must provide the following information to the MMO—

(a) the name and function in writing of any agent or contractor or sub-contractor that will carry on any licensed activity on behalf of the undertaker; and

(b) such notification must be received by the MMO in writing not less than 24 hours before the commencement of the licensed activity.

(3) The undertaker must ensure that a copy of this licence and any subsequent revisions or amendments has been provided to, read and understood by any agents, contractors, and sub-contractors that will be carrying out any licensed activity on behalf of the undertaker.

(4) The undertaker must keep a copy of this license and any subsequent revisions or amendments available for inspection at its registered address and any site office location at or adjacent to a construction site.

(5) Any changes to details supplied under sub-paragraph (2) must be notified to the MMO in writing no less than 24 hours prior to the agent, contractor or vessel engaging in the licensed activity in question.

(6) Only those persons notified to the MMO in accordance with this condition are permitted to carry out a licensed activity.

(7) Copies of this licence must be available for inspection at the following locations—

(a) the undertaker’s office at the Port of Immingham; and

(b) during the construction of the authorised development only, at any site office which is adjacent to or near the River Humber and which has been provided for the purposes of the construction of the authorised development.

(8) The undertaker must request that the masters responsible for the vessels that will be carrying out any licensed activity on behalf of the undertaker as notified to the MMO under sub-paragraph (6) make a copy of this licence available for inspection on board such vessels during the carrying out of any licensed activity.

Construction environmental management plan

8

(1) No licensed activities may be commenced until a construction environmental management plan for them has been submitted to and approved by the MMO following consultation with the relevant planning authority, the Environment Agency and Natural England on matters related to their function; and the submitted construction environmental management plan must be in accordance with the outline construction environmental management plan, unless otherwise approved in writing by the MMO.

(2) Any construction environmental management plan submitted pursuant to sub-paragraph (1) and any construction environmental management plan submitted pursuant to paragraph 6(1) of Schedule 2 (requirements) of the Order may be comprised in the same document or separate documents.

Sediment sampling

9

(1) Any sediment sampling analyses undertaken by a laboratory validated by the MMO and approved by the MMO as part of either the 2023 sediment sampling plan or any further sediment sampling plan are valid for a period of 3 years from the date when those analyses were undertaken.

(2) Where the validity period for sediment sampling analyses set out in sub-paragraph (1) above expires, the undertaker must submit a further sediment sampling plan request to the MMO for its approval and any sediment sampling analyses from such further sediment sampling plan must be submitted to the MMO.

Agents, contractors and sub-contractors

10

(1) The undertaker must notify the MMO in writing of any agents, contractors or sub- contractors that will carry on any licensed activity listed in paragraph 3 of this licence on behalf of the undertaker. Such notification must be received by the MMO no less than 24 hours before the commencement of the licensed activity.

(2) The undertaker must ensure that a copy of this licence and any subsequent revisions or amendments has been provided to, read and understood by any agents, contractors or sub-contractors that will carry on any licensed activity listed in section 3 of this licence on behalf of the undertaker.

Cold weather construction restriction strategy

11

(1) No construction operations for any licensed activity are to commence until a cold weather construction restriction strategy is submitted to and agreed by the MMO in consultation with Natural England. The strategy must include the following—

(a) A provision that no construction operations (other than to finish driving any pile that is in the process of being driven at the point that the cold weather restriction comes into force) within 200 metres of exposed mudflat and at least 200 metres seaward of mean low water springs may take place following seven consecutive days of zero or sub zero temperatures (where the temperature does not exceed zero degrees centigrade for more than six hours in any day or any other formula as may be agreed with the MMO to define short periods of thaw);

(b) The establishment of three temperature monitoring points within the Humber Estuary;

(c) A provision that if the construction restriction comes into effect as a consequence of cold weather conditions, it will be reviewed as follows—

(i) after 24 hours of above freezing temperatures the restriction will be lifted on a temporary basis provided that the weather forecast relevant for the area including the Port of Immingham, (as agreed with the MMO) indicates that freezing conditions will not return within five days; and

(ii) after a further five clear days of above-freezing temperatures, the restrictions will be lifted entirely.

(2) All licensed activities must be carried out in accordance with the cold weather construction restriction strategy approved pursuant to sub-paragraph (1), unless otherwise approved by the MMO.

Marine Noise Registry

12

(1) Only when impact driven or part-driven pile foundations or detonation of explosives are proposed to be used as part of the foundation installation the undertaker must provide the following information to the Marine Noise Registry—

(a) prior to the commencement of the licensed activities, information on the expected location, start and end dates of impact pile driving or detonation of explosives to satisfy the Marine Noise Registry’s Forward Look requirements; and

(b) within 12 weeks of completion of impact pile driving or detonation of explosives, information on the exact locations and specific dates of impact pile driving or detonation of explosives to satisfy the Marine Noise Registry’s Close Out requirements.

(2) The undertaker must notify the MMO of the successful provision to the Marine Noise Registry of Forward Look and Close-out requirements within 7 days of the submission.

Marine written scheme of archaeological investigation

13

Archaeological method statements, together with a written report on any consultation carried out with Historic England and the relevant planning authority on matters related to their respective functions in their preparation, must be submitted to and approved by the MMO in writing in accordance with the provisions of the outline marine written scheme of investigation and a subsequent update must be provided to the MMO six weeks before commencement of any licensed activity to which the method statement relates.

During licensed activities

Flood risk assessment

14

(1) All licensed activities must be carried out in accordance with the flood risk assessment, unless otherwise approved by the MMO.

(2) No part of the licensed activities may be brought into operational use until a flood emergency response plan to apply during operation of that part has been submitted to and approved by the MMO, following consultation with the Environment Agency on matters related to its functions.

(3) Any a flood emergency response plan submitted and approved under sub-paragraph (2) must (so far as applicable) be substantially in accordance with the flood risk assessment.

(4) Each part of the licensed activities must be operated in accordance with the plan approved under sub-paragraph (2) for that part, unless otherwise approved by the MMO.

Construction environmental management plan

15

All licensed activities must be carried out in accordance with the construction environmental management plan for those activities approved pursuant to paragraph 8 of this Schedule where applicable, unless otherwise approved by the MMO.

Piling and marine construction works

16

(1) Subject to sub-paragraph (2) below, the piling of marine piles in connection with the authorised development must be subject to the following conditions—

(a) there must be at least a 20 minutes “soft start” period at the commencement of any piling; and

(b) The form of soft start must be agreed with the MMO following consultation with Natural England on matters related to its functions prior to the commencement of piling.

(2) An active and mobile 500 metre marine mammals observation zone, the centre point of which will be the location of the particular marine pile being driven percussively, must be created, and 30 minutes prior to the commencement of percussive piling a search should be undertaken of the zone, with the purpose of identifying whether any marine mammals enter the zone, and if such mammals are observed within the zone, percussive piling should not be commenced until the mammals have cleared the zone or until 20 minutes after the last visual detection, subject to sub-paragraph (4).

(3) An active and mobile 500 metre marine mammals observation zone, the centre point of which will be the location of the particular marine pile being driven percussively, must be maintained during percussive piling with the purpose of identifying whether any marine mammals enter the zone and if such mammals are observed, percussive piling will cease until the mammals have cleared the zone and there is no further detection after 20 minutes.

(4) Where during operations percussive piling is paused for any reason other than the detection of marine mammals, then recommencing of the percussive piling must be subject to the provisions of sub-paragraph (2) save for where the active and mobile 500 metre marine mammals observation zone has been observed throughout the period of the pause in operations and no such mammals were observed entering the zone, in which case percussive piling may be recommenced immediately.

(5) Wherever possible the undertaker will use vibro-piling methodology whilst it is recognised that percussive piling may be required to drive the piles to their ultimately required depth.

(6) Subject to sub-paragraph (7) below, the undertaker must ensure that no construction activity for the approach jetty or decommissioning of topsides located within 200 metres of mean low water springs takes place between 1 October and 31 March inclusive in any year.

(7) During the restricted period between 1 October and 31 March inclusive in any year, marine construction activity or decommissioning of topsides may be undertaken at distances less than 200 metres of mean low water springs provided that—

(a) an acoustic barrier or visual screening is installed on both sides of any semi-completed structure;

(b) construction activity is then undertaken on the approach jetty itself, behind the screening; and

(8) No piling of marine piles within the waterbody may take place between 1 April and 31 May (inclusive) in any one calendar year, except for any percussive piling of marine piles undertaken on exposed mudflat outside the water column at periods of low water.

(9) Subject to sub-paragraph (10), no piling of marine piles within the waterbody is to take place between the hours of 7pm and 7am from 1 March to 31 March (inclusive) and from 1 September to 31 October (inclusive) or between the hours of sunset and sunrise from 1 June to 30 June (inclusive) and from 1 August to 31 August (inclusive) in any one calendar year.

(10) Sub-paragraph (9) does not apply in relation to any—

(a) percussive piling of marine piles undertaken on exposed mudflat outside the water column at periods of low water;

(b) emergency works; and

(c) percussive piling operations that have been initiated where an immediate cessation of the activity would form an unsafe working practice.

(11) Percussive piling of marine piles is to be restricted at other times—

(a) subject to sub-paragraph (18), from 1 June to 30 June (inclusive) in any one calendar year the maximum amount of percussive piling permitted within any 24 hour period must not exceed 270 minutes;

(b) subject to sub-paragraph (18), from 1 August to 31 October (inclusive) in any one calendar year, the maximum amount of percussive piling permitted within any 24 hour period must not exceed 270 minutes,

except (in each case) for any percussive piling of marine piles undertaken on exposed mudflat outside the water column at periods of low water and save for percussive piling operations that have been initiated where an immediate cessation of the activity would form an unsafe working practice.

(12) The measurement of time during each work-block described in sub-paragraph (11) of this Schedule must begin at the start of each timeframe, roll throughout it, then cease at the end, where measurement will begin again at the start of the next timeframe, such process to be repeated until the end of piling works.

(13) Percussive piling must only be carried out in accordance with the cold weather piling restriction strategy.

(14) A noise suppression system consisting of a piling sleeve with noise insulating properties must be employed for percussive piling on the approach jetty comprised in the authorised development.

(15) The undertaker must submit weekly reports to the MMO of the duration of percussive piling that is undertaken on any given day on which piling takes place during the construction of the authorised development, unless otherwise agreed in writing with the MMO.

(16) The reports submitted to the MMO pursuant to sub-paragraph (15) must include a log of the number and approximate location of piling rigs which are in operation on any given day, along with the number of piles driven.

(17) The undertaker must hold fortnightly meetings with the MMO to discuss the weekly reports submitted pursuant to sub-paragraph (15) and agree any corrective action if required, unless otherwise agreed in writing with the MMO.

(18) Where percussive piling is paused the recommencement of such percussive piling may take place for a contingency period of up to a total of 60 minutes within any 24 hour period in addition to the otherwise maximum amount of percussive piling permitted within any 24 hour period specified in sub–paragraph (11).

Marine written scheme of archaeological investigation

17

All licensed activities must be carried out in accordance with the marine written scheme of investigation.

Concrete and cement

18

Waste concrete, slurry or wash water from concrete or cement activities must not be discharged, intentionally or unintentionally, into the marine environment. Concrete and cement mixing and washing areas must be contained and sited at least 10 metres from any water body or surface water drain.

Coatings and treatment

19

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