LegalizeThe Associated British Ports (Immingham Green Energy Terminal) Order 2025
- (5) Subject to sub-paragraph (6), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (4) is served on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the Board may execute the works specified in the notice, and any expenditure reasonably incurred by it in so doing is recoverable from the undertaker
- (6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Board must not except in an emergency exercise the powers conferred by sub-paragraph (5) until the dispute has been finally resolved by agreement or determined under paragraph 122.
118
If by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or the drainage work is otherwise damaged, the impairment or damage must be made good by the undertaker to the reasonable satisfaction of the Board and, if the undertaker fails to do so, the Board may make good the impairment or damage and recover from the undertaker the expense reasonably incurred by it in doing so.
119
The undertaker must pay to the Board all costs, charges and expenses that the Board may reasonably incur, have to pay or may sustain:
- (a) in the examination or approval of plans under this Part of this Schedule;
- (b) in inspecting the proposed site for and construction of any specified work or any protective works required by the Board under this Part of this Schedule; and
- (c) in carrying out any surveys or tests by the Board that are reasonably required in connection with the construction of the specified work.
120
- (1) Without limiting the other provisions of this Part of this Schedule, the undertaker must compensate the Board in respect of all claims, demands, proceedings, costs, damages, expenses or loss that are made or taken against, reasonably recovered from or reasonably incurred by the Board by reason of—
- (a) any damage to any drainage work arising out of construction of the specified work or any act or omission of the undertaker, its contractors, agents or employees whilst engaged upon the work so as to impair its efficiency for the purposes of flood defence; and
- (b) any flooding or increased flooding of any such land which is caused by, or results from, the construction of the specified work or any act or omission of the undertaker, its contractors, agents or employees whilst engaged upon the work.
- (2) The Board must give to the undertaker reasonable notice of any such claims, demands, proceedings, costs, damages, expenses or loss and no settlement or compromise may be made without the agreement of the undertaker, which agreement must not be unreasonably withheld or delayed.
- (3) The Board must at all times take reasonable steps to prevent and mitigate any such claims, demands, proceedings, costs, damages, expenses and losses. For the avoidance of doubt, any costs, expenses, losses or liabilities reasonably incurred by the Board arising out of or relating to its taking of such reasonable steps will be recoverable from the undertaker on the terms of sub-paragraph (1) (and, where any such reasonable step is considered by the Board (acting reasonably) to have the potential to cause significant cost, liability, expense or loss recoverable from the undertaker on the terms of sub-paragraph (1), the Board may require prepayment by the undertaker of its reasonable estimate of such prior to taking the relevant step but this does not relieve the Board of its obligation under this sub-paragraph at all times to take reasonable steps to prevent and mitigate the claims, demands, proceedings, costs, damages, expenses and losses to which this paragraph refers).
- (4) In no circumstances will the undertaker be liable to the Board under or in connection with this Part of this Schedule for loss of profit.
121
The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the Board, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under this Part of this Schedule.
122
Any dispute between the undertaker and the Board under this Part of this Schedule, unless otherwise agreed, must be determined by arbitration under article 61 (arbitration).
PART 10 — FOR THE PROTECTION OF CLDN PORTS KILLINGHOLME LIMITED
Application
123
The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and CLdN, for the protection of CLdN during the construction and operation of the authorised development.
Interpretation
124
- (1) Where the terms defined in article 2 (interpretation) of this Order are inconsistent with sub-paragraph (2), the latter prevail.
- (2) In this Part of this Schedule—
- “CLdN” means CLdN Ports Killingholme Limited, company number 00278815, whose principal office is at 130 Shaftesbury Avenue, 2nd Floor, London, W1D 5EU as statutory harbour authority for and operator of the Port and any successor in title or function to the Port;
- “operation” means the commencement of the import or export of liquid bulk products through Work No.1 for commercial purposes (as opposed to commissioning or testing of Work No.1) as notified to CLdN by the undertaker in writing not later than 10 business days after this definition is satisfied;
- “the Port” means any land (including land covered by water) at Killingholme for the time being owned or used by CLdN for the purposes of its statutory undertaking, together with any quays, jetties, docks, river walls or works held in connection with that undertaking; and
- “specified work” means Work No. 1 or any activity or operation authorised by this Order related to the construction of Work No. 1 and any related vessel movements which may interfere with: the Port or access (including over water) to and from the Port; or the functions of CLdN as the statutory harbour authority for the Port.
Co-operation
125
The undertaker and CLdN must each act in good faith and use reasonable endeavours to co-operate with and provide assistance to each other as may be required to give effect to the provisions of this Part of this Schedule.
Notice and undue interference
126
The undertaker must inform CLdN in writing of the intended start date and the likely duration of the carrying out of the specified work at least 20 business days prior to the commencement of the specified work.
127
Any operations for the construction of the specified work must be carried out by the undertaker so that CLdN does not suffer undue interference with its own operations to and from the Port and, in so doing the undertaker—
- (a) must have reasonable regard, amongst other things, to scheduled vessel services to and from the Port notified to the undertaker; and
- (b) is not required to carry out any such operations otherwise than in a safe, efficient and economic manner.
Indemnity
128
- (1) During the construction of the specified work, the undertaker must indemnify CLdN against all financial losses, costs, charges, damages, expenses, claims and demands which may reasonably be incurred or occasioned to CLdN by reason or arising in connection with—
- (a) any obstruction which prevents, restricts or materially hinders access into or out of the Port, which is caused by or attributable to the undertaker or its agents or contractors in exercising the powers of this Order in respect of the specified work, save for where such an obstruction is as a result of the lawful actions of the Statutory Conservancy and Navigation Authority; or
- (b) the undertaking by CLdN of works or measures to prevent or remedy a danger or impediment to navigation or access to or from the Port arising from the exercise by the undertaker of its powers under this Order in respect of the specified work.
- (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of CLdN, its officers, servants, contractors or agents.
- (3) Without limiting the generality of sub-paragraph (1), the undertaker must indemnify CLdN from and against all financial losses, costs, charges, damages, expenses, claims and demands to which that sub-paragraph refers until the commencement of the operation of the specified work and the undertaker must use its reasonable endeavours to give at least 20 business days’ notice of the date on which operation of the specified work is anticipated to commence.
Statutory powers
129
Save to the extent expressly provided for, nothing in this Order affects prejudicially any statutory or other rights, powers or privileges vested in or enjoyed by CLdN at the date of this Order coming into force.
130
With the exception of any duty owed by CLdN to the undertaker which is expressly provided for in this Part of this Schedule, nothing in this Order is to be construed as imposing upon CLdN either directly or indirectly, any duty or liability to which CLdN would not otherwise be subject and which is enforceable by proceedings before any court.
Arbitration
131
Unless otherwise agreed in writing, any dispute arising between the Undertaker and CLdN under this Part of this Schedule is to be determined by arbitration as provided in article 61 (arbitration) of this Order.
SCHEDULE 15 — DOCUMENTS AND PLANS TO BE CERTIFIED
| (1) Document | (2) Document reference | (3) Revision number | (4) Date |
|---|---|---|---|
| book of reference | TR030008/APP/3.1 | 4 | 15 August 2024 |
| environmental statement (including environmental statement non-technical summary, environmental statement main report, environmental statement figures and environmental statement appendices) | TR030008/APP/6.1, TR030008/APP/6.2, TR030008/APP/6.3 TR030008/APP/6.4 | 0 | 21 September 2023 |
| environmental statement (non-technical summary) | TR030008/APP/6.1 | 1 | 21 September 2023 |
| environmental statement (chapter 1) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (figure 1.1) | TR030008/APP/6.3 | 3 | 26 June 2024 |
| environmental statement (appendices 1A – 1E) | TR030008/APP/6.4 | 1 | 21 September 2023 |
| environmental statement (chapter 2) | TR030008/APP/6.2 | 3 | 26 June 2024 |
| environmental statement (figures 2.1 – 2.5) | TR030008/APP/6.3 | 3 | 26 June 2024 |
| environmental statement (figure 2.6) | TR030008/APP/6.3 | 2 | 26 June 2024 |
| environmental statement (figure 2.7) | TR030008/APP/6.3 | 1 | 21 September 2023 |
| environmental statement (appendices 2A – 2C | TR030008/APP/6.4 | 1 | 21 September 2023 |
| environmental statement (chapter 3) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (figure 3.1) | TR030008/APP/6.3 | 1 | 21 September 2023 |
| environmental statement (chapter 4) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (chapter 5) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (chapter 6) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (figures 6.1 – 6.2) | TR030008/APP/6.3 | 2 | 26 June 2024 |
| environmental statement (figure 6.3 A1– B2) | TR030008/APP/6.3 | 2 | 26 June 2024 |
| environmental statement (appendices 6A – 6B) | TR030008/APP/6.4 | 1 | 21 September 2023 |
| environmental statement (chapter 7) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (figure 7.1) | TR030008/APP/6.3 | 1 | 21 September 2023 |
| environmental statement (appendices 7A – 7C) | TR030008/APP/6.4 | 1 | 21 September 2023 |
| environmental statement (chapter 8) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (appendices 8A – 8F) | TR030008/APP/6.4 | 1 | 21 September 2023 |
| environmental statement (chapter 9) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (figure 9.1) | TR030008/APP/6.3 | 1 | 21 September 2023 |
| environmental statement (figures 9.2 – 9.4) | TR030008/APP/6.3 | 2 | 26 June 2024 |
| environmental statement (figures 9.5 – 9.7) | TR030008/APP/6.3 | 1 | 21 September 2023 |
| environmental statement (appendices 9A – 9B) | TR030008/APP/6.4 | 1 | 21 September 2023 |
| environmental statement (chapter 10) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (figures 10.1 – 10.5) | TR030008/APP/6.3 | 2 | 26 June 2024 |
| environmental statement (figure 10.6) | TR030008/APP/6.3 | 1 | 21 September 2023 |
| environmental statement (appendix 10A) | TR030008/APP/6.4 | 1 | 21 September 2023 |
| environmental statement (chapter 11) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (figures 11.1 – 11.5) | TR030008/APP/6.3 | 2 | 26 June 2024 |
| environmental statement (appendices 11A – 11B) | TR030008/APP/6.4 | 1 | 21 September 2023 |
| environmental statement (chapter 12) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (figures 12.1 – 12.5) | TR030008/APP/6.3 | 1 | 21 September 2023 |
| environmental statement (appendices 12A – 12B) | TR030008/APP/6.4 | 1 | 21 September 2023 |
| environmental statement (chapter 13) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (figures 13.1 – 13.7 | TR030008/APP/6.3 | 3 | 26 June 2024 |
| environmental statement (figure 13.8.1 - 13.8.13) | TR030008/APP/6.3 | 1 | 21 September 2023 |
| environmental statement (figure 13.9.1 – 13.9.13) | TR030008/APP/6.3 | 1 | 21 September 2023 |
| environmental statement (figure 13.10.1 – 13.10.6) | TR030008/APP/6.3 | 1 | 21 September 2023 |
| environmental statement (appendix 13A – 13B) | TR030008/APP/6.4 | 1 | 21 September 2023 |
| environmental statement (chapter 14) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (figure 14.1 – 14.3) | TR030008/APP/6.3 | 2 | 26 June 2024 |
| environmental statement (appendix 14A – 14H) | TR030008/APP/6.4 | 1 | 21 September 2023 |
| environmental statement (chapter 15) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (figures 15.1 – 15.4) | TR030008/APP/6.3 | 2 | 26 June 2024 |
| environmental statement (figure 15.5) | TR030008/APP/6.3 | 1 | 21 September 2023 |
| environmental statement (appendix 15A – 5B) | TR030008/APP/6.4 | 1 | 21 September 2023 |
| environmental statement (chapter 16) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (figures 16.1 – 16.17) | TR030008/APP/6.3 | 1 | 21 September 2023 |
| environmental statement (appendix 16A – 16C) | TR030008/APP/6.4 | 1 | 21 September 2023 |
| environmental statement (chapter 17) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (figures 17.1 – 17.3) | TR030008/APP/6.3 | 2 | 26 June 2024 |
| environmental statement (appendix 17A) | TR030008/APP/6.4 | 1 | 21 September 2023 |
| environmental statement (chapter 18) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (figures 18.1 – 18.5) | TR030008/APP/6.3 | 2 | 26 June 2024 |
| environmental statement (appendix 18A) | TR030008/APP/6.4 | 3 | 26 June 2024 |
| environmental statement (appendix 18B – 18C) | TR030008/APP/6.4 | 1 | 21 September 2023 |
| environmental statement (chapter 19) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (appendix 19A – 19C) | TR030008/APP/6.4 | 1 | 21 September 2023 |
| environmental statement (chapter 20) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (chapter 21) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (figures 21.1 – 21.3) | TR030008/APP/6.3 | 3 | 26 June 2024 |
| environmental statement (figure 21.4) | TR030008/APP/6.3 | 1 | 21 September 2023 |
| environmental statement (figure 21.5) | TR030008/APP/6.3 | 2 | 26 June 2024 |
| environmental statement (figures 21.6 – 21.7) | TR030008/APP/6.3 | 3 | 26 June 2024 |
| environmental statement (figure 21.8) | TR030008/APP/6.3 | 1 | 21 September 2023 |
| environmental statement (appendix 21A – 21C) | TR030008/APP/6.4 | 1 | 21 September 2023 |
| environmental statement (chapter 22) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (chapter 23) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (figures 23.1 – 23.4) | TR030008/APP/6.3 | 3 | 26 June 2024 |
| environmental statement (figure 23.5) | TR030008/APP/6.3 | 2 | 26 June 2024 |
| environmental statement (figure 23.6) | TR030008/APP/6.3 | 1 | 21 September 2023 |
| environmental statement (chapter 24) | TR030008/APP/6.2 | 1 | 21 September 2023 |
| environmental statement (chapter 25) | TR030008/APP/6.2 | 2 | 11 July 2024 |
| environmental statement (figures 25.1 – 25.2) | TR030008/APP/6.3 | 2 | 26 June 2024 |
| environmental statement (appendices 25A – 25C) | TR030008/APP/6.4 | 2 | 11 July 2024 |
| environmental statement (chapter 26) | TR030008/APP/6.2 | 2 | 26 June 2024 |
| hydrogen production facility building design code | TR030008/EXAM/9.76 | 1 | 4 June 2024 |
| land plans | TR030008/APP/4.5 | 4 | 2 August 2024 |
| Long Strip construction environmental management plan | TR030008/EXAM/90 | 1 | 2 August 2024 |
| outline construction environmental management plan | TR030008/APP/6.5 | 8 | 15 August 2024 |
| outline construction traffic management plan | TR030008/APP/6.7 | 4 | 4 June 2024 |
| outline decommissioning environmental management plan | TR030008/APP/6.6 | 2 | 11 July 2024 |
| outline landscape and ecology management plan | TR030008/APP/6.9 | 2 | 4 June 2024 |
| outline operational travel plan | TR030008/EXAM/9.3 | 2 | 4 June 2024 |
| the plan of Habrough Marsh Drain and Stallingborough North Beck | TR030008/EXAM/9.99 | 1 | 15 August 2024 |
| plan of potentially affected hedgerows and trees subject to preservation orders | TR030008/APP/4.9 | 4 | 26 June 2024 |
| sediment sampling plan | TR030008/APP/7.10 | 1 | 21 September 2023 |
| stopping up and restriction of use of streets and public rights of way plan | TR030008/APP/4.7 | 3 | 26 June 2024 |
| street works and accesses plan | TR030008/APP/4.6 | 3 | 26 June 2024 |
| traffic regulation measures plans | TR030008/APP/4.8 | 4 | 26 June 2024 |
| works plans | TR030008/APP/4.1 | 4 | 26 June 2024 |
| woodland compensation plan | TR030008/EXAM/9.34 | 4 | 15 August 2024 |
SCHEDULE 16 — ARBITRATION RULES
Commencing an arbitration
1
The arbitration is deemed to have commenced when a party (“the claimant”) serves a written notice of arbitration on the other party (“the respondent”).
Time periods
2
- (1) All time periods in these arbitration rules are measured in days and include weekends, but not bank or public holidays.
- (2) Time periods are calculated from the day after the arbitrator is appointed which is either—
- (a) the date the arbitrator notifies the parties in writing of his/her acceptance of an appointment by agreement of the parties; or
- (b) the date the arbitrator is appointed by the President of the Institution of Civil Engineers.
Timetable
3
- (1) The timetable for the arbitration is that which is set out in sub-paragraphs 3(2) to 3(4) below unless amended in accordance with paragraph 5(3).
- (2) Within 14 days of the arbitrator being appointed, the claimant must provide both the respondent and the arbitrator with—
- (a) a written statement of claim which describes the nature of the difference between the parties, the legal and factual issues, the claimant’s contentions as to those issues, the amount of its claim or the remedy it is seeking; and
- (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports.
- (3) Within 14 days of receipt of the claimant’s statements under sub-paragraph (2) by the arbitrator and respondent, the respondent must provide the claimant and the arbitrator with
- (a) a written statement of defence consisting of a response to the claimant’s statement of claim, its statement in respect of the nature of the difference, the legal and factual issues in the claimant’s claim, its acceptance of any elements of the claimant’s claim and its contentions as to those elements of the claimant’s claim it does not accept;
- (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports; and
- (c) any objections it wishes to make to the claimant’s statements, comments on the claimant’s expert reports (if submitted by the claimant) and explanations of the objections.
- (4) Within seven days of the respondent serving its statements under sub-paragraph 3(3), the claimant may make a statement of reply by providing both the respondent and the arbitrator with—
- (a) a written statement responding to the respondent’s submissions, including its reply in respect of the nature of the difference, the issues (both factual and legal) and its contentions in relation to the issues;
- (b) all statements of evidence and copies of documents in response to the respondent’s submissions;
- (c) any expert report in response to the respondent’s submissions;
- (d) any objections to the statements of evidence, expert reports or other documents submitted by the respondent; and
- (e) its written submissions in response to the legal and factual issues involved.
Procedure
4
- (1) The parties’ pleadings, witness statements and expert reports (if any) must be concise. A single pleading must not exceed 30 single-sided A4 pages using 10pt Arial font.
- (2) The arbitrator will make an award on the substantive differences based solely on the written material submitted by the parties unless the arbitrator decides that a hearing is necessary to explain or resolve any matters.
- (3) Either party may, within two days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required.
- (4) Within seven days of receiving the last submission, the arbitrator must notify the parties whether a hearing is to be held and the length of that hearing.
- (5) Within 10 days of the arbitrator advising the parties that a hearing is to be held, the date and venue for the hearing are to be fixed by agreement with the parties, save that if there is no agreement the arbitrator must direct a date and venue which the arbitrator considers is fair and reasonable in all the circumstances. The date for the hearing must not be less than 35 days from the date of the arbitrator’s direction confirming the date and venue of the hearing.
- (6) A decision must be made by the arbitrator on whether there is any need for expert evidence to be submitted orally at the hearing. If oral expert evidence is required by the arbitrator, then any experts attending the hearing may be asked questions by the arbitrator.
- (7) There is to be no examination or cross-examination of experts, but the arbitrator must invite the parties to ask questions of the experts by way of clarification of any answers given by the experts in response to the arbitrator’s questions. Prior to the hearing in relation to the experts—
- (a) at least 28 days before a hearing, the arbitrator must provide a list of issues to be addressed by the experts;
- (b) if more than one expert is called, they will jointly confer and produce a joint report or reports within 14 days of the issues being provided; and
- (c) the form and content of a joint report must be as directed by the arbitrator and must be provided at least seven days before the hearing.
- (8) Within 14 days of a hearing or a decision by the arbitrator that no hearing is to be held the parties may by way of exchange provide the arbitrator with a final submission in connection with the matters in dispute and any submissions on costs. The arbitrator must take these submissions into account in the award.
- (9) The arbitrator may make other directions or rulings as considered appropriate in order to ensure that the parties comply with the timetable and procedures to achieve an award on the substantive difference within four months of the date on which the arbitrator is appointed, unless both parties otherwise agree to an extension to the date for the award.
- (10) If a party fails to comply with the timetable, procedure or any other direction then the arbitrator may continue in the absence of a party or submission or document, and may make a decision on the information before the arbitrator attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure or direction.
- (11) The arbitrator’s award must include reasons. The parties must accept that the extent to which reasons are given must be proportionate to the issues in dispute and the time available to the arbitrator to deliver the award.
Arbitrator’s powers
5
- (1) The arbitrator has all the powers of the Arbitration Act 1996, save where modified in this Schedule.
- (2) There must be no discovery or disclosure, except that the arbitrator is to have the power to order the parties to produce such documents as are reasonably requested by another party no later than the statement of reply, or by the arbitrator, where the documents are manifestly relevant, specifically identified and the burden of production is not excessive. Any application and orders should be made by way of a Redfern Schedule without any hearing.
- (3) Any time limits fixed in accordance with this procedure or by the arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the arbitrator. In the absence of agreement, the arbitrator may vary the timescales or procedure—
- (a) if the arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice; and
- (b) only for such a period that is necessary to achieve fairness between the parties.
- (4) On the date the award is made, the arbitrator will notify the parties that the award is completed, signed and dated, and that it will be issued to the parties on receipt of cleared funds for the arbitrator’s fees and expenses.
Costs
6
- (1) The costs of the arbitration must include the fees and expenses of the arbitrator, the reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by the parties for the arbitration.
- (2) Where the difference involves connected or interrelated issues, the arbitrator must consider the relevant costs collectively.
- (3) The final award must fix the costs of the arbitration and decide which of the parties are to bear them or in what proportion they are to be borne by the parties.
- (4) The arbitrator must award recoverable costs on the general principle that each party should bear its own costs, having regard to all material circumstances, including such matters as exaggerated claims or defences, the degree of success for different elements of the claims, claims that have incurred substantial costs, the conduct of the parties and the degree of success of a party.
Confidentiality
7
- (1) Hearings in this arbitration are to take place in private.
- (2) Materials, documents, awards, expert reports and any matters relating to the arbitration are confidential and must not be disclosed to any third party without prior written consent of the other party, save for any application to the courts or where disclosure is required under any legislative or regulatory requirement.
SCHEDULE 17 — PROCEDURE REGARDING CERTAIN APPROVALS, ETC.
Interpretation
1
In this Schedule—
- “appeal documentation” means a written statement of appeal which describes the nature of the differences between the parties, the factual issues, the undertaker’s case and evidence relied on;
- “relevant authority” means, subject to article 62(5), any person, authority or body named in any of the provisions of this Order and whose consent, agreement or approval is sought; and
- “consultee” means any body or authority named in a requirement or condition as a body to be consulted by the relevant authority in discharging that requirement or condition.
Applications made under provisions of this Order
2
- (1) Where an application has been made to the relevant authority for any consent, agreement or approval required or contemplated by any of the provisions of this Order (except as provided in article 62(5)) the relevant authority must give notice to the undertaker of their decision on the application within—
- (a) in respect of all provisions a period of 42 days beginning with the day immediately following that on which the application is received by the relevant authority;
- (b) where further information is requested under paragraph 3 of this Schedule (further information and consultation), a period of 42 days beginning with the day immediately following that on which further information has been supplied by the undertaker; or
- (c) such period that is longer than the periods in sub-paragraphs (a) or (b) as may be agreed in writing by the undertaker and the relevant authority before the end of such period.
- (2) In determining any application made to the relevant authority for any consent, agreement or approval required or contemplated by any of the provisions of this Order (except as provided in article 62(5)), the relevant authority may—
- (a) give or refuse its consent, agreement or approval; or
- (b) give its consent, agreement or approval subject to reasonable conditions,
and where consent, agreement or approval is refused or granted subject to reasonable conditions the relevant authority must provide its reasons for that decision within the notice of the decision.
- (3) Subject to sub-paragraph (4), in the event that the relevant authority does not determine an application within the period set out in sub-paragraph (1), the relevant authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period.
- (4) Where an application has been made to the relevant authority for any consent, agreement or approval required by any of the provisions of this Order (except as provided in article 62(5)), and—
- (a) the relevant authority does not determine the application within the period set out in sub-paragraph (1) and such application is accompanied by a report which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects compared to those in the environmental statement or in any environmental information supplied under the 2017 Regulations; or
- (b) the relevant authority determines during the period set out in sub-paragraph (1) that it considers that the subject matter of such application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement or in any environmental information supplied under the 2017 Regulations,
then the application is to be taken to have been refused by the relevant authority at the end of that period.
- (5) The undertaker must include in any application made to the relevant authority for any consent, agreement or approval required or contemplated by any of the provisions of this Order (except as provided in article 62(5)) a statement that the provisions of sub-paragraph (3) apply and, if the application fails to do so, it is to be null and void.
Further information and consultation
3
- (1) In relation to any application submitted pursuant to a requirement in Schedule 2 (requirements) or condition in schedule 3 (deemed marine licence), the relevant authority may request such reasonable further information from the undertaker as is necessary to enable it to consider the application.
- (2) In the event that the relevant authority considers further information to be necessary and the provision governing or requiring the application does not specify that consultation with a consultee is required the relevant authority must, within 10 business days of receipt of the application, notify the undertaker in writing specifying the further information required.
- (3) If the provision governing or requiring the application specifies that consultation with a consultee is required, the relevant authority must issue the consultation to the consultee within five business days of receipt of the application, and must notify the undertaker in writing specifying any further information requested by the consultee within 20 business days of receipt of the application.
- (4) In the event that the relevant authority does not give notification as specified in sub-paragraph (2) or (3) it is to be deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.
Appeals
4
- (1) The undertaker may (except as provided in article 62(5)) appeal in the event that—
- (a) the relevant authority refuses (including a deemed refusal pursuant to paragraph 2(4)) an application for any consent, agreement or approval required by an article, requirement or condition included in this Order or grants it subject to conditions;
- (b) on receipt of a request for further information pursuant to paragraph 3 the undertaker considers that either the whole or part of the specified information requested by the relevant authority is not necessary for consideration of the application; or
- (c) on receipt of any further information requested, the relevant authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.
- (2) The appeal process is as follows—
- (a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination giving rise to the appeal referred to in sub-paragraph (1) ;
- (b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant authority and any consultee required to be consulted pursuant to the provision of this Order which is the subject of the appeal (together with the undertaker, these are the “appeal parties”);
- (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to determine the appeal and must forthwith notify the appeal parties of the identity of the appointed person and the address to which all correspondence for his attention should be sent, the date of such notification being the “start date” for the purposes of this sub-paragraph (2);
- (d) the relevant authority and any consultee required to be consulted pursuant to the provision of this Order which is the subject of the appeal must submit written representations to the appointed person in respect of the appeal within 20 business days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;
- (e) the undertaker must make any counter-submissions to the appointed person within 20 business days of receipt of written representations pursuant to sub-paragraph (d) above; and
- (f) the appointed person must make his decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and in any event within 30 business days of the deadline for the receipt of counter-submissions pursuant to sub-paragraph (e).
- (3) The appointment of the person pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.
- (4) In the event that the appointed person considers that further information is necessary to enable him to consider the appeal he must, notify the appeal parties in writing specifying the further information required and the date by which the information is to be submitted and the appointed person must set the date for the receipt of such further information having regard to the timescales in sub-paragraph (2).
- (5) Any further information required pursuant to sub-paragraph (4) must be provided by the appeal parties to the appointed person on the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of any written representations on the submitted further information to the appointed person within 10 business days of the specified date but otherwise is to be in accordance with the process and time limits set out in sub-paragraphs (2)(d) to (2)(f).
- (6) On an appeal under this paragraph, the appointed person may—
- (a) allow or dismiss the appeal; or
- (b) reverse or vary any part of the decision or determination of the relevant authority (whether the appeal relates to that part of it or not),
and may deal with the application as if it had been made to him in the first instance.
- (7) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the relevant time limits.
- (8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to him that there is sufficient material to enable a decision to be made on the merits of the case.
- (9) The decision of the appointed person on an appeal is to be final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.
- (10) If an approval is given by the appointed person pursuant to this Schedule, it is deemed to be an approval given by the relevant authority. The relevant authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.
- (11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the relevant authority, the reasonable costs of the appointed person must be met by the undertaker.
- (12) On application by the relevant authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to Planning Practice Guidance: Appeals (March 2014) or any circular or guidance which may from time to time replace it.
Fees
5
- (1) Where an application is made to the relevant planning authority for the discharge of a requirement in Schedule 2 (requirements), a fee is to apply and must be paid to the relevant planning authority in accordance with sub-paragraph (2).
- (2) The fee payable for each application under sub-paragraph (1) is as follows—
- (a) a fee of £2,535 for the first application for the discharge by the relevant planning authority of each of the requirements in paragraphs 4 (detailed approval), 5(1) (phasing), 6 (construction environmental management plan), 7 (construction traffic management plan), 8 (highway works), 10 (landscape and ecology management plan), 12 (surface water drainage), 15 (contaminated land), 16 (external lighting), 17 (control of noise during operational use), 18 (decommissioning environmental management plan), 19 (operational travel plan), and 20 (operational phase flood emergency response plans);
- (b) a fee of £578 for each subsequent application for the discharge by the relevant planning authority of each of the requirements listed in paragraph (a) (whether that subsequent application is in respect of the same part of the authorised project or a different part of it); and
- (c) a fee of £145 for any application for the agreement of the relevant planning authority pursuant to any “unless otherwise agreed” provision of any requirement in Schedule 2 (requirements).
- (3) Any fee paid under this Schedule must be refunded by the relevant planning authority to the undertaker who paid it within four weeks of—
- (a) the application being rejected as invalidly made; or
- (b) the relevant planning authority failing to determine the application within the relevant period in paragraph 2(1) of this Schedule unless within that period the undertaker agrees, in writing, that the fee is to be retained by the relevant planning authority and credited in respect of a future application.
Signed
Signed by authority of the Secretary of State for Transport
Gareth Leigh — Head of Transport and Works Act Orders Unit — Department for Transport — 6th February 2025
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order grants development consent for and authorises the construction, operation and maintenance of a new liquid bulk import terminal and associated development within the Port of Immingham and to carry out all associated works.
The Order also makes provision in connection with the maintenance, operation and decommissioning of the authorised project.
The Order allows Associated British Ports to acquire compulsorily or by agreement, land and rights in land and for it and Air Products to use land for this purpose.
A copy of the plans and book of reference referred to in this Order and certified in accordance with article 63 of this Order may be inspected in an electronic form in accordance with article 63(4) of this Order.
Footnotes
2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).
S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2018/378, S.I. 2019/734, S.I. 2020/764, S.I. 2020/1534, S.I. 2021/978, S.I. 2022/634 and S.I. 2023/1071.
S.I. 2010/103, amended by S.I. 2012/635.
Section 114 was amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011.
Section 115 was amended by paragraph 56 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011, section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).
Section 120 was amended by section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act.
Section 122 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.
Section 123 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.
Part 1 of Schedule 5 was amended by paragraph 4 of Schedule 8 and Part 2 of Schedule 22 to the Marine and Coastal Access Act 2009 (c. 23), paragraph 71 of Schedule 13 to the Localism Act 2011 and paragraph 76 of Part 3 of Schedule 6 to the Wales Act 2017.
Section 32(1) was amended by S.I. 2011/1210.
Section 73 was amended by paragraph 4 of Schedule 3 to the Neighbourhood Planning Act 2017 (c. 20), section 51(3) of, and Schedule 9 to, the Planning and Compulsory Purchase Act (c. 5), paragraph 3(5) of Schedule 14 to the Environment Act 2021 (c. 3), section 114(6) of the Levelling-up and Regeneration Act 2023 (c. 55) and S.I. 2024/44 and S.I. 2024/49.
Section 73A was inserted by paragraph 16(1) of Schedule 7 to the Planning and Compensation Act 1991 (c. 34).
Section 73B was inserted by section 110(1) and (2) of the Levelling-up and Regeneration Act 2023.
Section 96A was inserted by the Planning Act 2008 and amended by paragraph 3(10) of Schedule 14 to the Environment Act 2021 (c. 30) and section 114(7) of the Levelling-up and Regeneration Act 2023 and by S.I. 2017/276.
1981 c. 67. The definition of “owner” was amended by paragraph 9 of Schedule 15 to the Planning Compensation Act 1991 (c. 34). There are other amendments to section 7 which are not relevant to this Order.
Section 48 was amended by section 124 of the Local Transport Act 2008 (c. 26).
Section 49 was amended by paragraph 117 of Schedule 1 to the Infrastructure Act 2015 (c. 7).
Section 121A was inserted by section 168(1) of, and paragraph 70 of Schedule 8 to, the New Roads and Street Works Act 1991 (c. 22), and subsequently amended by section 1(6) of, and paragraph 95(2) and (3) of Schedule 1 to, the Infrastructure Act 2015 (c. 7) and S.I. 2001/1400.
1991 c. 59. Section 23 was amended by paragraph 192(2) of Schedule 22 to the Environment Act 1995 (c. 25), paragraph 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755.
Section 66 was amended by paragraph 38 of Schedule 2 to the Flood and Water Management Act 2010, section 86 of the Water Act 2014 (c. 21) and S.I. 2013/755.
1991 c. 57. Paragraph 5 was amended by section 100 of the Natural Environment and Rural Communities Act 2006 (c. 16), section 84 of, and paragraph 3 of Schedule 11 to, the Marine Coastal Access Act 2009 (c. 23), paragraph 49 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755. Paragraph 6 was amended by paragraph 26 of Schedule 15 to the Environment Act 1995, section 224 of, and paragraph 24 of Schedule 16, and Part 5(B) of Schedule 22 to the Marine and Coastal Access Act 2009 and S.I. 2013/755. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995.
S.I. 2016/1154, amended by S.I. 2018/110.
Section 64 was amended by Schedule 17 to the Local Government Act 1985 (c. 51) and Schedule 9 to the New Roads and Street Works Act 1991 (c. 22).
Section 56 was amended by sections 40 and 43 of, and paragraph 1 of Schedule 1 to, the Traffic Management Act 2004 (c. 18).
Section 56A was inserted by section 44 of the Traffic Management Act 2004.
Section 58 was amended by sections 40 and 51 of the Traffic Management Act 2004.
Section 58A was inserted by section 52 of the Traffic Management Act 2004.
Section 73A was inserted by section 55 of the Traffic Management Act 2004.
Section 73B was inserted by section 55 of the Traffic Management Act 2004.
Section 73C was inserted by section 55 of the Traffic Management Act 2004.
Section 78A was inserted by section 57 of the Traffic Management Act 2004.
Schedule 3A was inserted by section 52(2) of, and Schedule 4 to, the Traffic Management Act 2004.
Sections 54, 55, 57, 60, 68 and 69 were amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).
Section 54 was amended by section 49(1) of the Traffic Management Act 2004.
Section 55 was also amended by section 49(2) and 51(9) of the Traffic Management Act 2004.
Section 57 was also amended by section 52(3) of the Traffic Management Act 2004.
Section 59 was amended by section 42 the Traffic Management Act 2004.
Section 75 was substituted by section 58(2) of the Traffic Management Act 2004.
1991 c. 56. Section 106 was amended by sections 35(1) and (8), 43(2) and 56(7) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and section 32 of, and paragraph 16(1) of Schedule 3 to, the Flood and Water Management Act 2010 (c. 29).
Section 13 was amended by section 139 of, and paragraph 28(2) of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).
Section 125 was amended by paragraph 17 of Schedule 16 to the Housing and Planning Act 2016 (c. 22).
Section 152 was amended by S.I. 2009/1307.
Section 13 was amended by sections 62(3) and 139(4) to (9) of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).
Section 125 was amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22).
1857 c. 81. Section 25 was substituted by section 2 of the Church of England (Miscellaneous Provisions) Measure 2014 (No. 1) and amended by section 96(1) of, and paragraph 1 of Schedule 3 to, the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3).
Section 8 was amended by paragraphs 1 and 2 of Schedule 17 to the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.
Schedule 2A was inserted by paragraphs 1 and 3 of Schedule 17 to the Housing and Planning Act 2016.
Section 153(4A) was inserted by section 200(1) and (2) of the Housing and Planning Act 2016.
Section 11(1) was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) and sections 186(1) and (2), 187 and 188 of the Housing and Planning Act 2016.
Section 138 was amended by section 23(1) and (4) of the Growth and Infrastructure Act 2013 (c. 27) and S.I. 2017/1285.
Section 10 was amended by section 4 of, and paragraph 13(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and by S.I. 2009/307.
Section 5 was amended by paragraphs 4 and 6 of Schedule 15 to the Housing and Planning Act 2016.
Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016.
Section 5B was inserted by section 202(2) of the Housing and Planning Act 2016.
Section 6 was amended by paragraph 52(2) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016.
Section 7 was substituted by paragraph 3 of Schedule 18 to the Housing and Planning Act 2016 and amended by section 186(2) of the Levelling-up and Regeneration Act 2023 (c. 55).
Schedule A1 was inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016.
Section 125 was amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016.
Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016.
Section 118 was amended by paragraphs 1, 58 and 59 of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011 (c. 20) and section 92(4) of the Criminal Justice and Courts Act 2015 (c. 2).
Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.
Schedule 2A was inserted by section 199(1) of, and paragraphs 1 and 3 of Schedule 17 to, the Housing and Planning Act 2016.
Section 11 was amended by section 34(1) of, and paragraph 14(3) of Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186, 187 and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 and S.I. 2009/1307.
Section 4 was amended by sections 184 and 185 of, and paragraphs 1 and 2 of Schedule 18 to, the Housing and Planning Act 2016.
Section 13 was amended by sections 62(3) and 139 of, and paragraphs 27 and 28 to, Schedule 13, and Part 3 of Schedule 23 to, the Upper Tribunals, Courts and Enforcement Act 2007 (c. 15).
1981 c. 67. Sub-paragraph (5) of paragraph 1 of Part 1 of Schedule 2 was amended by section 67 of, and paragraph 27(3) of Schedule 9 to, the Coal Industry Act 1994 (c. 21) and paragraph 8 of Part 3 of Schedule 3 was amended by section 46 of the Criminal Justice Act 1982 (c. 48). There are other amendments to the 1981 Act which are not relevant to this Order.
Section 9 was amended by section 4 of, and paragraph 14(1) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2013/755. There are other amendments to section 9 that are not relevant to this Order.
S.I. 1997/1160, amended by S.I. 2006/1177, S.I. 2009/1307, S.I. 2013/755 and S.I. 2015/377.
1990 c. 43. Section 82 was amended by section 103 of the Clean Neighbourhoods and Environment Act 2005 (c. 16).
1936 c. 49. Section 259(1) was amended by section 162(1) of, and paragraph 4(3) of Schedule 15 to, the Environmental Protection Act 1990.
Sub-paragraphs (fb) and (ga) of section 79(1) were inserted by section 102(2) of the Clean Neighbourhoods and Environment Act 2005 (c. 16) and by section 107 of, and paragraph 2(a) of Schedule 17 to, the Environment Act 1995 (c. 25).
1974 c. 40. Sections 61(9) was amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environmental Protection Act 1990 (c. 25). There are other amendments to the 1974 Act which are not relevant to this Order.
There are amendments to section 14 which are not relevant to this Order.
2008 c. 29. Section 24(2)(a) was amended by section 33(3) of the Wales Act 2017 (c. 4).
2008 c. 29. Section 115(2) was amended by section 160(3) of the Housing and Planning Act 2016 (c. 22). There are other amendments to section 115 which are not relevant to this Order.
1965 c. 56. Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) and S.I. 2009/1307.
1965 c. 56. Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.
1965 c. 56. Section 11B was inserted by section 187(3) of the Housing and Planning Act 2016.
1965 c. 56. Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).
1965 c. 56. Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to, the Upper Tribunals, Courts and Enforcement Act 2007 (c. 15).
1965 c. 56. Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.
1991 c. 59. There are amendments to section 72 but none are relevant.
Editorial notes
Art. 1 in force at 27.2.2025, see art. 1
Art. 2 in force at 27.2.2025, see art. 1
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