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

In case of damage to, or destruction or decay of, a tidal work or any part of it, the undertaker must as soon as reasonably practicable notify Trinity House, the statutory harbour authority and the Statutory Conservancy and Navigation Authority (as relevant) and must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House and the statutory harbour authority or Statutory Conservancy and Navigation Authority (as relevant) may from time to time direct.

Lights on tidal works during construction

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• (1) The undertaker must at or near—

• (a) a tidal work, including any temporary work; or

• (b) any plant, equipment or other obstruction placed in connection with any part of the authorised project within the area of seaward construction activity in the River Humber,

during the whole time of their construction, alteration, replacement or extension, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House and the statutory harbour authority or Statutory Conservancy and Navigation Authority (as relevant) may from time to time direct.

• (2) In this article, “area of seaward construction activity” means the area of the sea within the Order limits.

Permanent light on tidal works

51

After a completion of a tidal work, the undertaker must at the outer extremity of the tidal work exhibit every night from sunset to sunrise such lights, and take such steps for the prevention of danger to navigation as Trinity House and the statutory harbour authority or Statutory Conservancy and Navigation Authority (as relevant) may from time to time direct.

Application of landlord and tenant law

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• (1) This article applies to—

• (a) any agreement for leasing to any person the whole or any part of the authorised project or the right to operate the same; and

• (b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised project, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

• (2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

• (3) No such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

• (a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

• (b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

• (c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Felling or lopping of trees and removal of hedgerows

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• (1) Subject to article 54 (trees subject to tree preservation orders), the undertaker may fell, lop, prune, coppice, pollard, or reduce in height or width, any tree or shrub under or within or overhanging any part of the land within the Order limits, or cut back its roots, if the undertaker reasonably believes it to be necessary to do so to prevent the tree, shrub, hedgerow or important hedgerow—

• (a) from obstructing or interfering with the construction, maintenance, operation or decommissioning of the authorised project or any apparatus used in connection with the authorised project; or

• (b) from constituting a danger to persons constructing, maintaining, operating or decommissioning the authorised project.

• (2) In carrying out any activity authorised by paragraph (1)—

• (a) the undertaker must not cause any unnecessary damage to any tree, shrub or hedgerow, or important hedgerow;

• (b) the undertaker must pay compensation to any person for any loss or damage arising from such activity;

• (c) the duty in section 206(1) (replacement of trees) of the 1990 Act does not apply; and

• (d) for the purposes of section 9⁹¹ (requirement of licence for felling) of the 1967 Act, any felling comprised in carrying out of any work or operation required for the purposes of, or in connection with, the construction of the authorised development, is deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act.

• (3) Any dispute as to a person’s entitlement to compensation under paragraph (2)(b), or as to the amount of compensation, must be determined as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

• (4) Subject to paragraph (2), the undertaker may, for the purposes of carrying out the authorised project—

• (a) remove any hedgerow within the area edged and shaded purple and labelled “area of hedgerows to be removed” on the plan of potentially affected hedgerows and trees subject to preservation orders; and

• (b) without limitation on the scope of sub-paragraph (a) and with the consent of the relevant planning authority, remove or translocate any other hedgerow within the Order limits that is required to be removed.

• (5) The grant of consent of the relevant planning authority pursuant to paragraph (4)(b) must not be unreasonably withheld.

• (6) The undertaker may not, pursuant to paragraph (1), fell or lop a tree within or overhanging the extent of highway maintainable at the public expense without the consent of the highway authority.

• (7) The power conferred by paragraph (1) removes any obligation upon the undertaker to secure any consent to remove hedgerows or any part thereof under the Hedgerows Regulations 1997⁹².

• (8) In this article “hedgerow” has the same meaning as in the Hedgerow Regulations 1997 and includes important hedgerows.

Trees subject to tree preservation orders

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• (1) The undertaker may fell, lop, prune or cut back the roots of—

• (a) any tree subject to a tree preservation order within the area edged and shaded green and labelled “area of TPO trees to be removed (including tree canopy)” on the plan of potentially affected hedgerows and trees subject to preservation orders; and

• (b) any other tree within the Order limits subject to a tree preservation order, if it reasonably believes it to be necessary in order to do so to prevent the tree—

• (i) from obstructing or interfering with the construction, maintenance, operation or decommissioning of the authorised project or any apparatus used in connection with the authorised project; or

• (ii) from constituting a danger to persons constructing, maintaining, operating or decommissioning the authorised project.

• (2) In carrying out any activity authorised by paragraph (1)(b) the undertaker must—

• (a) obtain the written approval of the relevant planning authority prior to that activity taking place; and

• (b) do no unnecessary damage to any tree in respect of which the activity is carried out.

• (3) In carrying out any activity authorised by paragraph (1)—

• (a) the undertaker must do no unnecessary damage to any tree or shrub;

• (b) the undertaker must pay compensation to any person for any loss or damage arising from such activity;

• (c) the duty in section 206(1) (replacement of trees) of the 1990 Act does not apply; and

• (d) for the purposes of section 9 (requirement of licence for felling) of the 1967 Act any felling comprised in carrying out of any work or operation required for the purposes of, or in connection with, the construction of the authorised development, is deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act.

• (4) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

• (5) Any dispute as to a person’s entitlement to compensation under paragraph (1), or as to the amount of compensation, must be determined as if it were a dispute under Part 1 of the 1961 Act.

Planning legislation

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• (1) Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land for the purposes of that Act) of the 1990 Act.

• (2) As from the date on which the authorised project is begun if the undertaker serves a notice on the relevant planning authority that any of the conditions to which a planning permission granted pursuant to section 57 (planning permission required for development) of the 1990 Act is subject prior to the making of this Order and which relate to the Order limits cease to have effect to the extent that they are inconsistent with the authorised project or anything done or approved pursuant to this Order then the notice will immediately have that effect; except that this sub-paragraph (2) does not apply to any existing early works planning permission or new early works planning permission.

• (3) Before beginning Work No. 2, Work No. 3, Work No. 5 or Work No. 7 (as applicable) under this Order, the undertaker must serve notice on the relevant planning authority—

• (a) that it intends to begin Work No. 2, Work No. 3, Work No. 5 or Work No. 7 (as applicable) under this Order; and

• (b) specifying in that notice any existing early works planning permission or new early works planning permission under which works also comprised within Work No. 2, Work No. 3, Work No 5 or Work No. 7 (as applicable) have begun and whether or not such works have been completed.

• (4) From the date of service of any notice pursuant to paragraph (3)—

• (a) the undertaker must cease to carry out development under any existing early works planning permission or new early works planning permission specified in that notice; and

• (b) the conditions to which an existing early works planning permission or new early works planning permission specified in that notice are subject will be unenforceable except in respect of—

• (i) any breach that occurred prior to the undertaker serving notice pursuant to paragraph (3); and

• (ii) any conditions of the existing early works planning permission or new early works planning permission that relate to the statutory requirement under Schedule 7A (biodiversity gain in England) to the 1990 Act for biodiversity net gain.

• (5) The undertaker must not begin Work No. 2, Work No. 3, Work No. 5 or Work No. 7 (as applicable) under this Order until notice has been served under paragraph (3).

• (6) Notwithstanding paragraphs (3) and (4), the undertaker may exercise any other powers under this Order in respect of any part of the authorised project prior to or following service of notice under paragraph (3).

• (7) Without prejudice to the generality of paragraph (6), the undertaker may discharge any requirement in Schedule 2 (requirements) of this Order at any time prior to or following the service of notice under paragraph (3).

• (8) Where details, documents, plans, works or any other matters have been imposed as a condition, or approved or agreed pursuant to a condition, of any existing early works planning permission or new early works planning permission prior to the date on which the undertaker serves notice under paragraph (3), the relevant planning authority and the undertaker must agree in writing which details, documents, plans, works or other matters under the existing early works planning permission or new early works planning permission will be deemed to have been discharged, approved, agreed, obtained or undertaken for the purposes of the requirements in Schedule 2 (requirements) of this Order relating to all or part of Work No. 2, Work No. 3, Work No. 5 or Work No. 7 (as applicable); and upon that agreement being reached in writing it will immediately have that effect.

• (9) In this article “begin” and “begun” mean for the purposes of section 155 (when development begins) of the 2008 Act.

• (10) It does not constitute a breach of the terms of this Order if, following the coming into force of this Order, any development, or any part of a development, is carried out, used, operated or decommissioned within the Order limits in accordance with any planning permission granted under the 1990 Act (including a planning permission granted under article 3 (permitted development) and Class B (dock, pier, harbour, water transport, canal or inland navigation undertakings) of Part 8 (transport related development) of Schedule 2 (permitted development rights) to the Town and County Planning (General Permitted Development) (England) Order 2015⁹³); and nothing done pursuant to any such planning permission prevents the undertaker from constructing, operating, using, maintaining or decommissioning any part of the authorised project pursuant to this Order which has not been carried out pursuant to such planning permission.

• (11) This Order does not constitute a planning permission for the purposes of Part 11 (community infrastructure levy) of the 2008 Act notwithstanding the definition of planning permission contained within article 5 (meaning of planning permission) of the 2010 Regulations.

• (12) The authorised project, including any part of it, may be delivered in severable phases subject to paragraph 5 (phasing) of Schedule 2 (requirements).

Traffic regulation measures

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• (1) Subject to the provisions of this article, the undertaker may, for the purposes of the authorised project—

• (a) make provision, in respect of those lengths of road specified in column (2) of Part 1 (permanent speed limits) of Schedule 10 (traffic regulation measures), imposing the permanent speed limit specified in column (3) of that Part of that Schedule;

• (b) make provision, in respect of those lengths of road specified in column (2) of Part 2 (temporary prohibition of parking) of Schedule 10 (traffic regulation measures) prohibiting the parking of vehicles to the extent specified in column (3) of that Part of that Schedule;

• (c) make provision, in respect of those lengths of road specified in column (2) of Part 3 (temporary road closures) of Schedule 10 (traffic regulation measures) temporarily closing that road to the classes of road user specified in column (3) of that Part of that Schedule;

• (d) make provision, in respect of those lengths of road specified in column (2) of Part 4 (priority of vehicular traffic) of Schedule 10 (traffic regulation measures), as to the priority of vehicular traffic as specified in column (3) of that Part of that Schedule; and

• (e) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act in so far as it is inconsistent with any prohibition, restriction or other provision made by the undertaker under this paragraph.

• (2) No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) (regulations in relation to orders and notices under the 1984 Act) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011⁹⁴ when used in accordance with regulation 3(5) of those regulations.

• (3) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road is situated, the undertaker may for the purposes of construction, operation, maintenance and decommissioning of the authorised project, temporarily place traffic signs and signals on any road and, subject to the consent of the traffic authority in whose area the road is situated, the placing of those traffic signs and signals is deemed to have been permitted by the traffic authority for the purposes of section 65 of the 1984 Act and the Traffic Signs Regulations and General Directions 2016⁹⁵.

• (4) Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and the consent of the traffic authority in whose area the road concerned is situated, the undertaker may, in so far as expedient or necessary for the purposes of, in connection with, or in consequence of the construction, maintenance, operation and decommissioning of the authorised project—

• (a) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

• (b) permit, prohibit or restrict the stopping, parking, waiting, loading or unloading of vehicles on any road;

• (c) authorise the use as a parking place of any road;

• (d) make provision as to the maximum speed, routes, direction or priority of vehicular traffic on any road; and

• (e) permit, prohibit or restrict vehicular access or use to or on any road,

either at all times or at times, on days or during such periods as may be specified by the undertaker.

• (5) The undertaker must not exercise the powers in paragraphs (1), (3) and (4) unless it has—

• (a) given not less than—

• (i) 12 weeks’ notice in writing of the undertaker’s intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; and

• (ii) 4 weeks’ notice in writing of the undertaker’s intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily,

to the chief officer of police and to the traffic authority in whose area the road is situated and that notice must include the time periods within which the traffic authority may specify the manner in which, under sub-paragraph (b), the undertaker must advertise its intention to exercise the powers conferred by paragraphs (1), (3) and (4); and

• (b) advertised its intention in such manner as the traffic authority may specify in writing within—

• (i) 28 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(i); or

• (ii) within seven days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(ii).

• (6) Any prohibition, restriction or other provision made by the undertaker under paragraphs (1), (3) or (4)—

• (a) has effect as if duly made by, as the case may be—

• (i) the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act; or

• (ii) the local authority in whose area the road is situated as an order under section 32 (power of local authorities to provide parking places) of the 1984 Act,

and the instrument by which it is effected, to be in such form as the undertaker considers appropriate, may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and

• (b) is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004⁹⁶; and

• (c) must be advertised in the same manner as the undertaker’s intention to make the prohibition, restriction or other provision was under paragraph (5)(b).

• (7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraphs (1), (3) and (4).

• (8) Before exercising the powers conferred by paragraphs (1), (3) or (4) the undertaker must consult such persons as the undertaker considers necessary and appropriate and have regard to the representations made to the undertaker by any such person.

• (9) An order made under paragraph (4)(a) may be varied or revoked by an order made by the highway authority under the 1984 Act.

Defence to proceedings in respect of statutory nuisance

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• (1) Where proceedings are brought under section 82(1)⁹⁷ of the Environmental Protection Act 1990 (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within paragraphs (b), (d), (e), (fb), (g), (ga) and, so far as relevant to sections 259(1)(a) and (b) of the Public Health Act 1936⁹⁸, (h) of section 79(1)⁹⁹ (statutory nuisances and inspections thereof) of the Environmental Protection Act 1990 no order is to be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that the nuisance—

• (a) relates to premises used by the undertaker for the purposes of or in connection with the construction, maintenance, operation or decommissioning of the authorised project and that the nuisance is attributable to such activity or use in accordance with—

• (i) a notice served under section 60 of the Control of Pollution Act 1974¹⁰⁰ (control of noise on construction site);

• (ii) a consent given under section 61 (prior consent for work on a construction site) of that Act; or

• (iii) the applicable controls and measures relating to smoke, dust, accumulations, deposits, light, noise, vibration, lighting or ponds, pools, ditches, gutters or watercourses described in the relevant construction environmental management plan, construction traffic management plan, drainage strategy, lighting strategy, noise management scheme or decommissioning environmental management plan approved (as applicable) by—

• (aa) the relevant planning authority pursuant to the relevant provision of Schedule 2 (requirements);

• (bb) by the MMO pursuant to the relevant term of the deemed marine licence or of any marine licence granted or varied pursuant to the 2009 Act (including any variation of the deemed marine licence), or in the Long Strip construction environmental management plan,

or in accordance with noise and lighting levels set out in an environmental permit relating to the construction, maintenance, operation or decommissioning of the relevant part of the authorised project; or

• (b) is a consequence of the construction, maintenance, operation or decommissioning of the authorised project and that it cannot reasonably be avoided.

• (2) Section 61(9) of the Control of Pollution Act 1974¹⁰¹ (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990¹⁰²) does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction, maintenance or decommissioning of the authorised project.

• (3) In proceedings for an offence under section 80(4) of the Environmental Protection Act 1990 (offence of contravening abatement notice) in respect of a statutory nuisance falling within paragraphs (b), (d), (e), (fb), (g), (ga) and, so far as relevant to section 259 of the Public Health Act 1936, (h) of the Environmental Protection Act 1990 where the offence consists in contravening requirements imposed by virtue of section 80(1)(a) or (b) of that Act, it is a defence to show that the nuisance—

• (a) relates to premises used by the undertaker for the purposes of or in connection with the construction, maintenance, operation or decommissioning of the authorised project and that the nuisance is attributable to such use in accordance with—

• (i) a notice served under section 60 of the Control of Pollution Act 1974 (control of noise on construction site);

• (ii) a consent given under section 61 (prior consent for work on a construction site) of that Act; or

• (iii) the applicable controls and measures relating to smoke, dust, accumulations, deposits, light, noise, vibration, lighting or ponds, pools, ditches, gutters or watercourses described in the relevant construction environmental management plan, construction traffic management plan, drainage strategy, lighting strategy, noise management scheme or decommissioning environmental management plan approved by—

• (aa) the relevant planning authority pursuant to the relevant provision of Schedule 2 (requirements); or

• (bb) the MMO pursuant to the relevant term of the deemed marine licence or of any marine licence granted or varied pursuant to the 2009 Act (including any variation of the deemed marine licence),

or in the Long Strip construction environmental management plan or in accordance with noise and lighting levels set out in an environmental permit relating to the construction, maintenance, operation or decommissioning of the relevant part of authorised project; or

• (b) is a consequence of the construction, maintenance, operation or decommissioning of the authorised project and that it cannot reasonably be avoided.

Protection of interests

58

Schedule 14 (protective provisions) has effect.

Crown rights

59

• (1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order authorises the undertaker or any lessee or licensee to take, use, enter on or in any manner interfere with any land or rights of any description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary)—

• (a) belonging to His Majesty in right of the Crown and forming part of the Crown Estate, without the consent in writing of the Crown Estate Commissioners;

• (b) belonging to His Majesty in right of the Crown and not forming part of the Crown Estate, without the consent in writing of the government department having the management of that land; or

• (c) belonging to a government department or held in trust for His Majesty for the purposes of a government department, without the consent in writing of that government department.

• (2) A consent under paragraph (1)—

• (a) may be given unconditionally or subject to terms and conditions; and

• (b) is deemed to have been given in writing where it is sent electronically.

Application of sections 91(3A) and (3B) of the 1990 Act

60

For the purposes of this Order, sections 91(3A) and (3B) (general condition limiting duration of planning permission) of the 1990 Act apply in the circumstances set out in those provisions to extend the time limit specified in paragraph (1) of article 23 (time limit for exercise of powers to acquire land compulsorily or to possess land temporarily) and paragraph 2 (time limit for beginning of the authorised project) of Schedule 2 (requirements) as if this Order were a planning permission to develop land in England pursuant to the 1990 Act.

Arbitration

61

• (1) Subject to article 62 (procedure regarding certain approvals, etc.) and except where otherwise expressly provided for in this Order or unless otherwise agreed between the parties, any difference under any provision of this Order must be referred to and settled in arbitration in accordance with the rules set out in Schedule 16 (arbitration rules) of this Order, by a single arbitrator to be agreed between the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

• (2) This article does not apply to—

• (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

• (c) with the written consent of the recipient and subject to paragraphs (5) to (8), by electronic transmission.

• (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 1978¹⁰³ 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;

• (c) the notice or document is legible in all material respects; and

• (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)¹⁰⁴ (nationally significant infrastructure projects: general) and sections 24(2) and 24(3)(c)¹⁰⁵ (harbour facilities) of the 2008 Act and associated development within the meaning of section 115(2)¹⁰⁶ (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;

• (c) welfare building, power distribution building and process instrumentation building;

• (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;

• (c) process control building, power distribution buildings, process instrumentation buildings and analyser shelters;

• (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;

• (c) planting;

• (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;

• (c) works that are carried out with the prior approval of the relevant planning authority;

• (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

• (c) Good Friday.

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.