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

Type Statutory-Instrument

Publication 2024-10-04

Last updated 2025-02-11

State In force

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Made: 4th October 2024

Coming into force: 25th October 2024

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

PART 1

PRELIMINARY

Citation and Commencement

1

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

Interpretation

2

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

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

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

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

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

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

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

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

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

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

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

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

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

“book of reference” means the document of that description listed in Schedule 7 (plans and documents to be certified) and certified by the Secretary of State as the book of reference for the purposes of this Order;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“MMO” means the Marine Management Organisation;

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

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

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

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

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

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

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

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

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

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

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

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

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

“tidal works” means so much of any of the authorised development as is on, under or over tidal waters or tidal lands below the level of high water;

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

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

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

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

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

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

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

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

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

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

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

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

Disapplication and modification of legislative provisions

3

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

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

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

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

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

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

Incorporation of the 1847 Act

4

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

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

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

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

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

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

PART 2

PRINCIPAL POWERS

5

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

Maintenance of authorised development

6

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

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

Limits of deviation

7

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

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

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

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

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

Benefit of Order

8

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

Transfer of benefit of Order, etc.

9

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

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

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

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

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

PART 3

POWERS OF ACQUISITION

Compulsory acquisition of rights

10

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

(2) In the case of the Order land specified in column (1) of Schedule 6 (land in which new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of such wayleaves, easements, new rights in the land or the imposition of restrictive covenants to the extent specified in relation to that land in column (3) of that Schedule and for the purposes of that part of the authorised development specified in column (2) of that Schedule.

(3) Subject to section 8 (other provisions as to divided land) of the 1965 Act, as modified by Schedule 5 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants), where the undertaker acquires a right over land or imposes a restriction under paragraph (1), the undertaker is not required to acquire a greater interest in that land.

(4) Schedule 5 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.

Time limit for exercise of powers of compulsory acquisition

11

After the end of the period of 5 years beginning with the day on which this Order comes into force—

(a) no notice to treat is to be served under Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act as modified by article 14 (modification of Part 1 of the 1965 Act); and

(b) no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 15 (application of the 1981 Act),

Private rights over land

12

(1) Subject to the provisions of this article and to Schedule 4 (protective provisions), all private rights over land subject to compulsory acquisition under this Order are extinguished on—

(a) the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or

(b) the date of entry onto the land by the undertaker under section 11(1)[^f00030] (powers of entry) of the 1965 Act,

whichever is the earlier.

(2) Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right or burden of the restrictive covenant on—

(a) the date of the acquisition of the right or the benefit of the restrictive covenant being imposed in favour of the undertaker, whether compulsorily or by agreement;

(b) the date of entry onto the land by the undertaker under section 11(1) of the 1965 Act; or

whichever is earlier.

(3) Any person who suffers loss by the extinguishment or suspension of any private right or by the imposition of any restrictive covenant under this article is entitled to compensation in accordance with the terms of section 152[^f00031] (compensation in case where no right to claim in nuisance) of the 2008 Act, to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(4) This article does not apply in relation to any right to which section 138[^f00032] (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 16 (statutory undertakers and operator of the electronic communications code network) applies.

(5) Paragraphs (1) and (2) have effect subject to—

(a) any notice given by the undertaker before—

(i) the completion of the acquisition of the rights or the imposition of restrictive covenants over or affecting the land;

(ii) the undertaker’s appropriation of it; or

(iii) the undertaker’s entry onto it,

that any or all of those paragraphs do not apply to any rights specified in this notice; and

(b) any agreement made at any time between the undertaker and the person in or to whom the right in question is vested or belongs.

(6) If any agreement as is referred to in paragraph (5)(b)—

(a) is made with a person in or to whom the right is vested or belongs; and

(b) is expressed to have effect also for the benefit of those deriving title from or under that person,

it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

(7) References in this article to private rights over land include any right of way, trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect.

Power to override easements and other rights

13

(1) Any authorised activity which takes place on land within the Order land (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any contractors, servants or agents of the undertaker) is authorised by this Order if it is done in accordance with the terms of this Order, notwithstanding that it involves—

(a) an interference with an interest or right to which this article applies; or

(b) a breach of a restriction as to the user of land arising by virtue of a contract.

(2) In this article “authorised activity” means—

(a) the erection, construction, operation or maintenance of any part of the authorised development;

(b) the exercise of any power authorised by this Order; or

(3) The interests and rights to which this article applies include any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support; and include restrictions as to the user of land arising by the virtue of a contract.

(4) Where an interest, right or restriction is overridden by paragraph (1), compensation—

(a) is payable under section 7 (measure of compensation in case of severance) or section 10 (further provision as to compensation for injurious affection) of the 1965 Act; and

(b) is to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections where—

(i) the compensation is to be estimated in connection with a purchase under that Act; or

(ii) the injury arises from the execution of works on or use of land acquired under that Act.

(5) Where a person deriving title under the undertaker by whom the land in question was acquired—

(a) is liable to pay compensation by virtue of paragraph (4); and

(b) fails to discharge that liability,

the liability is enforceable against the undertaker.

(6) Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1) of this article.

Modification of Part 1 of the 1965 Act

14

(1) Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act, as applied to this Order by section 125[^f00033] (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.

(2) In section 4A(1)[^f00034] (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the applicable period for the purposes of section 4” substitute “section 118[^f00035] (legal challenges relating to application for orders granting development consent) of the Planning Act 2008, the five year period mentioned in article 11 (time limit for exercise of powers of compulsory acquisition) of the Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024”.

(3) In section 11A[^f00036] (powers of entry: further notice of entry)—

(a) in subsection (1)(a) after “land” insert “under that provision”; and

(b) in subsection (2), after “land” insert “under that provision”.

(4) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 11(time limit for exercise of powers of compulsory acquisition) of the Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024”.

Application of the 1981 Act

15

(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

(3) In section 1 (application of Act) for subsection (2) substitute—

(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.

(4) In section 5[^f00037] (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end.

(5) Omit section 5A[^f00038] (time limit for general vesting declaration).

(6) In section 5B[^f00039] (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the applicable period for the purposes of section 5A” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the five year period mentioned in article 11of the Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Order 2024”.

(7) In section 6[^f00040] (notices after execution of declaration), in subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134[^f00041] (notice of authorisation of compulsory acquisition) of the Planning Act 2008”.

(8) In section 7[^f00042] (constructive notice to treat) in subsection (1)(a), omit the words “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(9) References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (as modified by article 14 (modification of Part 1 of the 1965 Act)) to the compulsory acquisition of land under this Order.

Statutory undertakers and operator of the electronic communications code network

16

Subject to the provisions of article 10 (compulsory acquisition of rights) and Schedule 4 (protective provisions), the undertaker may—

(a) exercise the powers conferred by article 10 (compulsory acquisition of rights) in relation to so much of the Order land as belongs to statutory undertakers, the operator of the electronic communications code network, public communications providers and public utility undertakers;

(b) extinguish the rights of, remove or reposition the apparatus belonging to statutory undertakers, the operator of the electronic communications code network, public communications providers and public utility undertakers over or within the Order land; and

(c) construct the authorised development in such a way as to cross underneath or over apparatus belonging to statutory undertakers, public utility undertakers and public communications providers within the Order land.

Recovery of costs of new connection

17

Where any apparatus of a public utility undertaker or public communications provider is removed under article 16 (statutory undertakers and operator of the electronic communications code network) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

Disregard of certain interests and improvements

18

(1) In assessing the compensation payable to any person on the acquisition from that person of any land or right over any land under this Order, the tribunal must not take into account—

(a) any interest in land; or

(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the construction of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

(2) In paragraph (1) “the relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works constructed of the improvement or alteration made as part of the authorised development, directly or indirectly concerned.

Set-off for enhancement in value of retained land

19

(1) In assessing the compensation payable to any person in respect of the acquisition from that person under this Order of any land (including the subsoil) the tribunal must set off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to that person by reason of the construction of the authorised development.

(2) In assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil) under article 10 (compulsory acquisition of rights), the tribunal must set off against the value of the rights so acquired—

(a) any increase in the value of the land over which the new rights are required; and

(b) any increase in value of any contiguous or adjacent land belonging to that person in the same capacity,

which will accrue to that person by reason of the construction of the authorised development.

(3) The 1961 Act has effect, subject to paragraphs (1) and (2), as if this Order were a local enactment for the purposes of that Act.

No double recovery

20

Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.

PART 4

OPERATIONAL PROVISIONS

Operation and use of development

21

(1) The undertaker may operate and use the authorised development as harbour facilities in connection with the import and export of ro-ro units to include all forms of accompanied and unaccompanied wheeled cargo units from or to the public highway up to a maximum of 1,800 ro-ro units per day together with occasional use by passengers travelling by vehicle when space is available on a departing vessel.

(2) On those occasions where space is available on a departing vessel—

(a) no more than 100 passengers per day may depart by vessel from the authorised development; and

(b) all such passengers must board the departing vessel or vessels by means of vehicular transport.

(3) In this article “ro-ro unit” means any item of wheeled cargo (whether or not self-propelled).

Power to appropriate

22

(1) Regardless of anything in section 33 (harbour, dock and pier to be free to the public on payment of rates) of the 1847 Act or any other enactment, the undertaker may from time to time set apart and appropriate any part of the authorised development for the exclusive or preferential use and accommodation of any trade, person, vessel or goods or any class of trader, vessel or goods, subject to the payment of such charges and to such terms, conditions and regulations as the undertaker may think fit.

(2) No person or vessel may make use of any part of the authorised development so set apart or appropriated without the consent of the dock master, and—

(a) the dock master may order any person or vessel making use of the authorised development without such consent to be removed; and

(b) the provisions of section 58 of the 1847 Act (powers of harbour master as to mooring of vessels in harbour), as incorporated by this Order, extend and apply with the necessary modifications to any such vessel.

Planning legislation

23

(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) 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 or used 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 of Schedule 2 or Class A (development under local or private Acts or Order) of Part 18 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015[^f00043]).

PART 5

SUPPLEMENTAL POWERS

Discharge of water

24

(1) Subject to the provisions of this article, the undertaker may use any watercourse or drain for the drainage of water in connection with the carrying out or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse or drain.

(2) Any dispute arising from the making of connections to or the use of a watercourse or a drain by the undertaker pursuant to paragraph (1) is to be determined as if it were a dispute under section 106[^f00044] (right to communicate with public sewers) of the Water Industry Act 1991[^f00045]

(3) The undertaker must not discharge any water into any watercourse or drain except with the consent of the Board and in accordance with the provisions of Part 13 of Schedule 4 (protective provisions).

(4) The undertaker must not make any opening into or connections with any watercourse or drain in connection with the authorised development or lay down, take up or alter pipes on any land within the Order limits or carry out any specified work except in accordance with the provisions of Part 13 of Schedule 4 and in accordance with plans approved by the Board in accordance with the provisions of Part 13 of Schedule 4 .

(5) The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension and the authorised development does not obstruct the path of the Habrough Marsh Drain outfall channel.

(6) Nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016[^f00046] in respect of a water discharge activity or groundwater activity.

(7) The undertaker must not, in carrying out or maintaining any works under this article, damage or interfere with the bed or banks of any watercourse or drain without the prior written consent of the Board.

(8) This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) (offences of polluting water) of the Water Resources Act 1991[^f00047].

(9) The undertaker must monitor the path of the Habrough Marsh Drain outfall channel and report to the Board annually for a period of 10 years from the commencement of the authorised development as to whether any substantial changes to the path of the Habrough Marsh Drain outfall channel have occurred as a result of the authorised development.

(10) In this article expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991[^f00048] have the same meaning as in that Act.

(11) In paragraph (4), “specified work” has the same meaning as in Part 13 of Schedule 4.

Powers to dredge

25

(1) For the purpose of constructing, operating and maintaining Work No.2, the undertaker may dredge, deepen, scour, cleanse, alter and improve the river bed and foreshore of the River Humber within the limits and to the depth specified for that work in accordance with the deemed marine licence.

(2) Subject to paragraph (3), the undertaker may use, deposit or otherwise dispose of materials dredged or removed (other than a wreck within the meaning of Part 9 (salvage and wreck) of the Merchant Shipping Act 1995[^f00049]) as the undertaker thinks fit.

(3) No materials dredged under the powers of this Order may be disposed of in the UK marine area except in accordance with an approval from the MMO under the deemed marine licence or under any other marine licence granted by the MMO.

Authority to survey and investigate the land

26

(1) The undertaker may for the purposes of this Order enter on—

(a) any land within the Order limits; and

(b) where reasonably necessary, any land which is adjacent to but outside the Order limits, or which may be affected by the authorised development, and—

(i) survey or investigate the land;

(ii) without limitation to the scope of sub-paragraph (i), make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;

(iii) without limitation to the scope of sub-paragraph (i), carry out ecological or archaeological investigations on such land, including making any excavations or trial holes on the land for such purposes; and

(iv) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes.

(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every occupier of the land.

(3) The notice required under paragraph (2) must indicate the nature of the survey or investigation that the undertaker intends to carry out.

(4) Any person entering the land under this article on behalf of the undertaker—

(a) must, if so required, before or after entering the land, produce written evidence of their authority to do so; and

(b) may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.

(5) The undertaker must compensate the occupiers of the land for any loss or damage arising by reason of the exercise of the power conferred by this article, such compensation to be determined in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(6) Section 13[^f00050] (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125[^f00051] (application of compulsory acquisition provisions) of the 2008 Act.

Protective works to buildings

27

(1) Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building lying within the Order limits as the undertaker considers necessary or expedient.

(2) Protective works may be carried out—

(a) at any time before or during the carrying out in the vicinity of the building of any part of the authorised development; or

(b) after the completion of that part of the authorised development in the vicinity of the building at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised development is first opened for use.

(3) For the purpose of determining how the functions under this article are to be exercised the undertaker may (subject to paragraph (5)) enter and survey any building falling within paragraph (1) and any land within its curtilage.

(4) For the purpose of carrying out protective works to a building under this article the undertaker may (subject to paragraphs (5) and (6))—

(a) enter the building and any land within its curtilage; and

(b) where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it).

(5) Before exercising—

(a) a right under paragraph (1) to carry out protective works to a building;

(b) a right under paragraph (3) to enter and survey a building and land within its curtilage;

(d) a right under paragraph (4)(b) to enter land,

the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c), specifying the protective works proposed to be carried out.

(6) Where a notice is served under paragraph (5)(a), (5)(c) or (5)(d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article35(arbitration).

(7) The undertaker must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights.

(8) Where—

(a) protective works are carried out under this article to a building; and

(b) within the period of 5 years beginning with the day on which the part of the authorised development carried out in the vicinity of the building is first opened for use it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised development,

the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them.

(9) Nothing in this article relieves the undertaker from any liability to pay compensation under section 152[^f00052] (compensation in case where no right to claim in nuisance) of the 2008 Act .

(10) Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, as if it were a dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(11) In this article “protective works” in relation to a building means—

(a) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the carrying out, maintenance or use of the authorised development;

(b) any works the purpose of which is to remedy any damage which has been caused to the building by the carrying out, maintenance or use of the authorised development; and

(c) any works the purpose of which is to secure the safe operation of the authorised development or to prevent or minimise the risk of such operation being disrupted.

Agreement with highway authority

28

(1) A highway authority and the undertaker may enter into an agreement in writing with respect to—

(a) the strengthening or improvement of any highway under the powers conferred by this Order; or

(b) such other works as the parties may agree.

(2) Such an agreement may, without limitation on the scope of paragraph (1)—

(a) provide for the highway authority to carry out any function under this Order which relates to the highway or land in question;

(b) include an agreement between the undertaker and the highway authority specifying a reasonable time for completion of the works; and

PART 6

MISCELLANOUS AND GENERAL

Defence to proceedings in respect of statutory nuisance

29

(1) Where proceedings are brought under section 82(1)[^f00053] (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order is to be made, and no fine may be imposed, under section 82(2)[^f00054] of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction site) of the Control of Pollution Act 1974, or a consent given under section 61[^f00055] (prior consent for work on construction site) of that Act; or

(ii) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or

(b) the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided.

(2) Section 61(9) (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 1990) of the Control of Pollution Act 1974[^f00056]), 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 or maintenance of the authorised development.

(3) In proceedings for an offence under section 80(4) of the Environmental Protection Act 1990[^f00057] (offence of contravening abatement notice) in respect of a statutory nuisance falling within section 79(1)(g) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) or (ga)[^f00058] (noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street) of that Act where the offence consists in contravening requirements imposed by virtue of section 80(1)(a) or (b)[^f00059] of that Act, it is a defence to show that the nuisance—

(a) is a consequence of the construction, operation, maintenance or use of the authorised development; and

(b) cannot reasonably be avoided.

Deemed marine licence

30

The undertaker is granted a deemed marine licence under Part 4 of the 2009 Act (marine licensing) to carry out the activities specified in Part 1 of Schedule 3 (deemed marine licence), subject to the licence conditions set out in Part 2 of that Schedule.

Trees subject to a tree preservation order

31

(1) For the purposes only of the authorised development, the undertaker may fell or lop any tree or shrub as identified in the WEMP or cut back roots and undertake such other approved related works in accordance with the WEMP.

(2) In carrying out any activity authorised by paragraph (1), the undertaker must do no unnecessary damage to any tree or shrub.

(3) The duty contained in section 206(1) (replacement of trees) of the 1990 Act is not to apply.

(4) The authority given by paragraph (1) constitutes a deemed consent under the provisions of North East Lincolnshire Council No. 107 (Long Wood, Laporte Road, Stallingborough) Tree Preservation Order 2002.

Application of landlord and tenant law

32

(1) This article applies to any agreement entered into by the undertaker under article 9 (transfer of benefit of Order, etc.) so far as it relates to the terms on which any land is subject to a lease granted by or under that agreement.

(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 enactment or rule of law to which paragraph (2) applies is to apply 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.

Certification of plans and documents etc.

33

(1) As soon as practicable after the making of this Order, the undertaker must, submit copies of each of the plans and documents as set out in Schedule 7 (plans and documents to be certified) to the Secretary of State for certification that they are true copies of those plans and documents.

(2) Where any plan or document set out in Schedule 7 requires to be amended to reflect 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 and 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.

Service of notices

34

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

(a) by post;

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

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

(3) For the purposes of section 7[^f00060] (references to service by post) of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

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

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

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

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

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

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

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

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

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

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 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 7 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—

(a) “electronic transmission” means a communication transmitted—

(i) by means of an electronic communications network; or

(ii) by other means provided it is in an electronic form;

and in this definition “electronic communications network” has the same meaning as in section 32(1)[^f00061] (meaning of electronic communications networks and services) of the Communications Act 2003;

(b) “legible in all material respects” 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.

Arbitration

35

(1) Except where otherwise expressly provided for in this Order and unless otherwise agreed in writing between the parties, any difference under any provision of this Order, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, 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) Any matter for which the consent or approval of the Secretary of State or the MMO is required under any provision of this Order is not subject to arbitration.

Saving for Trinity House

36

Nothing in this Order prejudices or derogates from any of the rights, duties or privileges of Trinity House.

37

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 ABP Statutory Harbour Authority and the Statutory Conservancy and Navigation Authority and must lay down such buoys, exhibit such lights, and take such other steps for preventing danger to navigation as Trinity House, the ABP Statutory Harbour Authority or Statutory Conservancy and Navigation Authority may from time to time direct.

Lights on tidal works during construction

38

(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 authorised development, within the area of seaward construction activity in the River Humber,

during the whole time of the construction, alteration or extension, every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House, the ABP Statutory Harbour Authority or Statutory Conservancy and Navigation Authority 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

39

After the completion of a tidal work, the undertaker must at the outer extremity of it 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, the ABP Statutory Harbour Authority or Statutory Conservancy and Navigation Authority may from time to time direct.

Crown rights

40

(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 upon 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 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 given under paragraph (1) may be given unconditionally or subject to terms and conditions; and is deemed to have been given in writing where it is sent electronically.

Protective provisions

41

Schedule 4 (protective provisions) has effect.

Byelaws relating to the authorised development

42

(1) The Immingham Dock Byelaws 1929 apply in relation to the authorised development and may be enforced by the undertaker accordingly until such time as new byelaws relating to the authorised development are made by the undertaker and come into operation.

(2) In this article “Immingham Dock Byelaws 1929” means the byelaws made by the London and North Eastern Railway Company on the 1st day of January 1929 and confirmed by the Minister of Transport on the 4th day of January 1929.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the area of North East Lincolnshire Council and the Order limits, a nationally significant infrastructure project as defined by sections 14(1)(j) and 24 of the 2008 Act being a ro-ro facility together with associated development comprising—

Work No. 1 – The construction of a jetty and three berths as shown on sheets 1 and 2 of the works plans, comprising—

(a) an open piled approach jetty with abutments carrying on its surface a roadway, a footway, utilities, lighting and environmental screens, rising from ground level to cross over existing landside infrastructure and then extending from the shore in a north easterly direction;

(b) a single linkspan bridge carrying on its surface a roadway and footway together with lighting and utilities, extending from the approach jetty to the innermost floating pontoon;

(c) two floating pontoons connected by a linkspan, each with lighting, power, cable management system, utilities and a small crew shelter, secured in position by restraint dolphins, each located about a finger pier to accommodate the loading and unloading ramps of berthed ro-ro vessels;

(d) two finger piers of open piled construction each with navigation markers, lighting, shore power infrastructure and connections for berthed vessels and water bunkering facilities—

(i) the northern finger pier to be constructed with berthing faces on both its northern and southern elevations equipped with mooring infrastructure; and

(ii) the southern finger pier to be constructed with a berthing face only on its northern elevation equipped with mooring infrastructure.

Work No. 2 – A dredged berthing pocket as identified on sheets 1 and 2 of the works plans with a depth of up to 9.0 metres below Chart Datum.

Work No. 3 – The construction of vessel impact protection measures as shown on sheet 1 of the works plans formed of—

(a) a single row of tubular piles with a reinforced concrete capping beam, the outer facing elevation of the beam which may be equipped with fendering units and panels; and/or

(b) a piled dolphin structure with a capping slab and fendering units.

Associated development within the meaning of section 115(2) of the 2008 Act—

Work No. 4 – The construction and laying out of the northern ro-ro freight and container storage area as shown on sheets 2 and 3 of the works plans comprising—

(a) a landside ramp and bankseat linking the approach jetty to the northern storage area;

(b) the working of land for port facilities, the removal of materials, the laying of port infrastructure and services together with associated civil works and earth works;

(d) the construction of a substation and a frequency converter station for shore power provision to the berths;

(e) the demolition of existing buildings;

(f) the construction of ancillary buildings;

(g) the construction of parking areas for vehicles, including cars and motorbikes using the ancillary buildings;

(h) the erection of security fencing, gates and lighting; and

(i) installation of maintenance access track.

Work No. 5 – The construction and laying out of the southern and central ro-ro freight storage area as shown on sheets 3 and 4 of the works plans comprising—

(a) the working of land for port facilities, the removal of materials, the laying of port infrastructure and services together with associated civil works and earth works;

(b) the surfacing of the storage area;

(c) the construction of a terminal building, welfare building for HGV drivers, administrative staff and passengers awaiting embarkation and a workshop and fuel station;

(d) the construction of parking areas for vehicles, including cars and motorbikes using the ancillary buildings;

(e) administrative and inspection buildings and infrastructure for the UK Border Force;

(f) entry and exit gates and security huts;

(g) the construction of new level crossings; and

(h) the erection of security fencing, gates and lighting.

Work No. 6 – The construction and laying out of the western ro-ro freight storage area as shown on sheets 4 and 5 of the works plans comprising—

(a) the working of land for port facilities, the removal of materials, the laying of port infrastructure and services together with associated civil works and earth;

(b) the surfacing of the storage area; and

Work No. 7 – As shown on sheets 2 and 3 of the works plans namely the construction of a bridge within the port estate to connect the northern storage area with the central storage area crossing Robinson Road and port infrastructure, together with bridge approaches, including bridge lighting and utilities.

Work No. 8 – As shown on sheets 2 and 4 of the works plans, improvements within the port estate to the junction of Robinson Road and East Dock Road comprising—

(a) the separation of the Exolum Terminal access road and the Robinson Road and East Dock Road junction;

(b) repositioning/straightening of the Robinson Road and East Dock Road junction to improve HGV access to and from East Dock Road; and

Work No. 9 – The closure to all traffic along the length of East Riverside road between the East Dock Road junction and immediately to the north of the existing access to the parking / laydown / maintenance area for the Habrough Marsh Drain outfall as shown on sheet 2 of the works plans. Traffic to and from the businesses on East Riverside to the west of the East Dock Road junction to be diverted via East Dock Road.

Work No. 10 – As shown on sheets 3 and 4 of the works plans, improvements within the port estate to Gresley Way comprising—

(a) the provision of new a connector road from Robinson Road to Gresley Way for all incoming and outgoing traffic between the terminal and the port’s East Gate, including a new level crossing;

(b) the provision of new ‘T’ junction between Gresley Way and the connector road;

(d) new access and egress to and from the terminal on to Gresley Way; and

(e) associated infrastructure, improvement works.

Work No. 11 – As shown on sheet 4 of the works plans, improvements and alterations to the entrance/exit to Shed 26 comprising—

(a) provision of new ‘T’ junction between Gresley Way and the connector road opposite the entrance to Shed 26; and

(b) provision of a new entrance and exit road from Shed 26 to the connector road.

Work No. 12– As shown on sheet 3 of the works plans, improvements to the East Gate entrance comprising—

(a) the construction of an additional access lane into the port including traffic control and security;

(b) demolition of the existing gate house;

(d) new security fencing and gates; and

(e) the extension of the footway from East Gate to the Queens Road bus stop.

Work No. 13 – As shown on sheet 3 of the works plans, comprising works to deliver the woodland ecological enhancement works within the administrative boundary of North East Lincolnshire Council and within the Order limits to be carried out in accordance with the WEMP.

Ancillary works

For the purposes of and in connection with any of the works detailed above, the construction, maintenance and operation of such works and further associated development within the Order limits which do not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement, consisting of—

(a) works to upgrade, alter and relocate existing utilities infrastructure and to install additional infrastructure;

(b) an improved and expanded fire water system;

(c) a modified and improved security entrance and internal road layout and installation of emergency traffic management measures;

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

(e) site preparation works, site clearance (including fencing and demolition of existing structures and buildings);

(f) earthworks (including soil stripping and storage, site levelling);

(g) remediation of contamination;

(h) construction compounds and working sites, storage areas, temporary vehicle parking, ramps and other means of access, construction fencing, perimeter enclosure, security fencing, welfare facilities and other construction-related buildings, lighting, machinery, apparatus, and works; and

(i) electrical upgrades to existing substations, electrical apparatus and cabling to and from existing substations to the new development, connection of apparatus or cabling to the new development, flood refuge platforms, operational lighting, CCTV equipment and such other works, apparatus and conveniences as may be necessary or expedient for the purposes of or in connection with the authorised development.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

In this Part of this Schedule—

“drainage strategy” means the document of that description annexed to the flood risk assessment as approved by the Board;

“Enhanced Operational Controls” means the controls set out in the document of that description listed in Schedule 7 (plans and documents to be certified) and certified by the Secretary of State as the Enhanced Operational Controls for the purposes of this Order;

“flood risk assessment” means the document of that description in Schedule 7 (plans and documents to be certified) certified by the Secretary of State as the flood risk assessment for the purposes of this Order;

“impact protection measures” means—part (a) of Work No.3 as defined in Schedule 1 to this Order; orpart (b) of Work No. 3 as defined in Schedule 1 to this Order; orboth parts (a) and (b) of Work No. 3 as defined in Schedule 1 to this Order;

“IOT” means the Immingham Oil Terminal;

“IOT Operators” means Associated Petroleum Terminals (Immingham) Ltd and Humber Oil Terminal Trustees Ltd, with “Associated Petroleum Terminals (Immingham) Ltd” meaning Associated Petroleum Terminals (Immingham) Limited, company number (00564394) registered at Queens Road, Immingham, Grimsby, N E Lincolnshire, DN40 2PN, and any successor in title and “Humber Oil Terminal Trustees Ltd” meaning Humber Oil Terminal Trustees Limited, company number (00874993) registered at Queens Road, Immingham, Grimsby, N E Lincolnshire, DN40 2PN, and any successor in title

“National Highways” means National Highways Limited (company number 09346363) whose registered office is Bridge House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ or any such successor or replacement body that may from time to time be primarily responsible for the functions, duties and responsibilities currently exercised by that statutory body;

“operational freight management plan” means the document of that description listed in Schedule 7 (plans and documents to be certified) and certified by the Secretary of State as the ‘operational freight management plan’ for the purposes of this Order;

“outline onshore construction environmental management plan” means the document of that description in Schedule 7 (plans and documents to be certified) and certified by the Secretary of State as the outline onshore construction environmental management plan for the purposes of this Order; and

“travel plan” means the document of that description listed in Schedule 7 (plans and documents to be certified) and certified by the Secretary of State as the ‘travel plan’ for the purposes of this Order.

Time limit for commencement of the authorised development

2

The authorised development must commence within 5 years of the date on which this Order comes into force.

Amendments to approved details

3

With respect to any requirement which requires the authorised development to be carried out in accordance with the details of schemes or plans approved under this Schedule the approved details or schemes or plans are taken to include any amendments that may subsequently be approved in writing by the approving body.

Construction hours – onshore works

4

(1) Subject to sub-paragraph (2), no construction work for Work Nos. 4 to 13 or any ancillary works associated with them may take place on bank holidays or outside the hours of 07:00 to 19:00 Mondays to Fridays and 07:00 to 13:00 on Saturdays.

(2) Construction work for Work Nos. 4 to 13 may take place outside the hours mentioned in sub-paragraph (1) provided such works—

(a) do not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement; and

(b) 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 in writing with the Council for specific construction activities; and

(i) works that cannot be interrupted; or

(ii) emergency works; or

(iii) works that are carried out with the prior approval of the Council.

(3) Any emergency works carried out under sub-paragraph (2)(c)(ii) must be notified to the Council within 72 hours of their commencement.

(4) In this requirement, “bank holiday” means a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971[^f00062].

Travel plan

5

(1) The operation of the authorised development must not be commenced until a final version of the travel plan has been submitted to and approved in writing by the Council.

(2) The authorised development must be carried out in accordance with the travel plan approved pursuant to sub-paragraph (1).

Piling and marine construction works restrictions

6

(1) Piling and marine construction works may be undertaken 24 hours a day on Mondays to Sundays provided that such works are undertaken in accordance with paragraph 12 of Part 2 of Schedule 3 (deemed marine licence).

(2) Any emergency works carried out in accordance with paragraph 12 of Part 2 of Schedule 3 must be notified to the Council within 72 hours of their commencement.

(3) Works for the capital dredge, which has the same meaning as in paragraph 1(1)(b) of Part 1 of Schedule 3, may be undertaken without restriction as to time or day.

External appearance and height of the authorised development

7

(1) Construction of—

(a) the terminal building and the welfare building for HGV drivers and passengers awaiting embarkation and related ancillary buildings as identified as part of Work No. 5(c);

(b) the proposed administrative and inspection buildings for UK Border Force as identified as Work No. 5(e); and

must not be commenced until the details of the location, heights relative to the proposed finished ground levels, and external materials to be used in the construction of all new permanent buildings and structures, including the colour, materials and finishes, have been submitted to and approved in writing by the Council.

(2) The authorised development must be implemented in accordance with the details approved by the Council.

(3) The authorised development must be carried out in accordance with the general arrangement plans.

(4) The authorised development will not be in accordance with the general arrangement plans if any departure from the general arrangement plans would give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Onshore construction environmental management plan

8

(1) No part of the authorised development may be commenced until an onshore construction environmental management plan has been submitted to and approved in writing by the Council and National Highways (on matters related to its functions), following consultation with the MMO, Natural England, the Environment Agency, Network Rail, Royal Mail and the Board on matters related to their respective functions.

(2) The onshore construction environmental management plan submitted and approved under sub-paragraph (1) must be in accordance with the outline onshore construction environmental management plan, including the outline plans and skeleton management plans identified and included in the outline onshore construction environmental management plan.

(3) The construction of the authorised development must be undertaken in accordance with the approved onshore construction environmental management plan.

Surface water drainage

9

(1) The authorised development, save for the permitted preliminary works, must not be commenced until a final version of the drainage strategy has been submitted to and approved in writing by the Board. The onshore parts of the authorised development shall be implemented in accordance with the approved drainage strategy.

(2) The final version of the drainage strategy submitted and approved under sub-paragraph (1) must be in accordance with the drainage strategy.

(3) In this requirement, “the permitted preliminary works” means—

(a) works consisting of the removal of existing structures and site clearance works; and

(b) works consisting of any part of the off-site mitigation works, the installation of wheel cleaning facilities, the installation and diversion of utility services, surveys and the provision of temporary contractors’ facilities.

Noise insulation

10

(1) Prior to the commencement of the authorised development the undertaker must offer the owner and occupier of each of the residential buildings along Queens Road, Immingham a package of noise insulation mitigation to reduce internal noise levels in sensitive rooms. The noise insulation must be designed to reduce the noise level by at least the maximum predicted increase in road traffic noise (7.4 decibels) due to the operation of the authorised development, taking into consideration the performance of the existing glazing and ventilation.

(2) If the package of mitigation, or such alternative package as may reasonably be requested by the owner and occupier, offered in accordance with sub-paragraph (1) is agreed in writing by the owner and occupier of the residential building within the period specified in the offer, which must not be less than 30 days starting with the day after the offer has been received by the owner and occupier, then the package of mitigation must be implemented at the undertaker’s cost prior to the commencement of the authorised development.

(3) Any dispute arising between the undertaker and the owner and occupier of a residential building along Queens Road, Immingham under this requirement is to be determined by arbitration as provided in article 35 (arbitration).

Woodland management

11

The operation of the authorised development must not be commenced until a final version of the WEMP has been submitted to and approved in writing by the Council. The authorised development must be implemented in accordance with the approved WEMP.

East Gate Improvements(Work No. 12)

12

The operation of the authorised development must not be commenced until—

(a) the undertaker has entered into such agreements with the Council as may be necessary in connection with Work No. 12 ; and

(b) the agreed works constituting Work No. 12 have been completed and are available for use.

Operational freight management plan

13

(1) The operation of the authorised development must not be commenced until a final version of the operational freight management plan has been submitted to and approved in writing by the Council and National Highways (on matters related to its functions).

(2) The authorised development must be carried out in accordance with the operational freight management plan approved pursuant to sub-paragraph (1).

Lighting plan

14

(1) No part of the authorised development may be brought into operation until a written scheme of the proposed operational lighting to be provided for that part of the authorised development has been submitted to and approved in writing by the Council and Network Rail.

(2) The written scheme submitted under sub-paragraph (1) must be in general accordance with the lighting plan.

(3) The authorised development must be operated in accordance with the scheme approved under sub-paragraph (1).

Flood risk assessment

15

The authorised development must be constructed and operated in accordance with the flood risk assessment.

Contaminated land

16

(1) No part of Work Nos. 4 to 13 inclusive and any ancillary works associated with those onshore works numbers shall be commenced until a written remediation strategy applicable to the relevant part of Work Nos. 4 to 13 inclusive and any ancillary works associated with those onshore works numbers, dealing with any contamination of that land, including groundwater and ground gas, within the Order limits which is likely to cause significant harm to persons or pollution of controlled waters or the environment has, after consultation with the Environment Agency, been submitted to and approved in writing by the Council.

(2) The remediation strategy submitted for approval must include an investigation and assessment report, prepared by a suitably qualified person, to identify the extent of any contamination and the remedial measures to be taken to render the land fit for its intended purpose, together with a management plan which sets out long-term measures with respect to any contaminants remaining on the site. The remediation strategy submitted for approval must also include a procedure for handling any unexpected contamination encountered during the undertaking of the construction works.

(3) Any remediation must be carried out in accordance with the approved remediation strategy.

Materials Management Plan

17

(1) A written materials management plan in compliance with the provisions of the CL:AIRE DoW CoP must be produced and submitted to a Qualified Person for approval and issue of a declaration (made under the CL:AIRE DoW CoP), such declaration to be approved by CL:AIRE and submitted to the Environment Agency and the Council for its records, before any works to which the materials management plan relates commence.

(2) Any works to which the material management plan relates must be undertaken in accordance with the materials management plan as approved pursuant to sub-paragraph (1).

(3) In this requirement—

(a) “CL:AIRE” means the registered charity (No. 1075611) and an environmental body registered with ENTRUST (Entrust No. 119820) also incorporated as a company, limited by guarantee and registered in England and Wales (reg no. 3740059) which provides technical secretariat services for industry wide programmes and is responsible for the registration of Qualified Persons able to issue declarations under the DoW CoP;

(b) “the DoW CoP” means the CL:AIRE Definition of Waste: Development Industry Code of Practice; and

(c) “Qualified Person” means a person appearing on the register of Qualified Persons for the CL:AIRE Definition of Waste: Development Industry Code of Practice.

Impact Protection Measures for the IOT trunkway

18

(1) In the event that the Statutory Conservancy and Navigation Authority or the dock master determine that the impact protection measures comprising Work No. 3(a) are required, upon receiving notification of that determination from the Statutory Conservancy and Navigation Authority or the dock master, the undertaker must construct the impact protection measures.

(2) Upon receiving notification of the Statutory Conservancy and Navigation Authority’s or dock master’s determination referred to in sub-paragraph (1):

(a) the undertaker must within 10 business days, notify the IOT Operators and the MMO of that determination; and

(b) within 30 business days, notify the IOT Operators and the MMO as to the steps it intends to take as a result of the Statutory Conservancy and Navigation Authority’s or dock master’s notification.

(3) The construction of Work No. 3(a) must not be commenced until the undertaker has consulted the Statutory Conservancy and Navigation Authority, the dock master, the IOT Operators and the MMO as to the detailed design of Work No. 3(a) and has had regard to any consultative representations received by the undertaker.

(4) No works for the construction of Work No. 3(a) may be commenced until the undertaker has obtained the written consent of the Statutory Conservancy and Navigation Authority to construct Work No. 3(a).

(5) The detailed design referred to in sub-paragraph (3) must be:

(a) within the limits of deviation shown on the relevant plans of the works plans;

(b) in general accordance with the detail shown on the relevant engineering, sections, drawings and plans; and

Impact Protection Measures for the IOT finger pier

19

(1) Prior to the commencement of the commercial operation of Berth 1, using the berth numbering adopted on General Arrangements Plan B2429400-JAC-00-ZZ-DR-ZZ-0202 Revision P05, the undertaker must—

(a) notify the Statutory Conservancy and Navigation Authority, the dock master, the MMO and IOT Operators of its intention to install the impact protection measures comprising Work No. 3(b);

(b) agree a programme of works with the parties identified in sub-paragraph (a) above; and

Amending the Port of Immingham Marine Operations Manual

20

(1) The undertaker must not commence marine commercial operations until the dock master has amended the Port of Immingham Marine Operations Manual (the “Manual”) to incorporate the Enhanced Operational Controls prescribing operating procedures for arrival at and departure from the authorised development.

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

PART 1

PRELIMINARY

Citation and Commencement

1

Interpretation

2

Disapplication and modification of legislative provisions

3

Incorporation of the 1847 Act

4

PART 2

PRINCIPAL POWERS

Development consent etc. granted by the Order

5

Maintenance of authorised development

6

Limits of deviation

7

Benefit of Order

8

Transfer of benefit of Order, etc.

9

PART 3

POWERS OF ACQUISITION

Compulsory acquisition of rights

10

Time limit for exercise of powers of compulsory acquisition

11

Private rights over land

12

Power to override easements and other rights

13

Modification of Part 1 of the 1965 Act

14

Application of the 1981 Act

15

Statutory undertakers and operator of the electronic communications code network

16

Recovery of costs of new connection

17

Disregard of certain interests and improvements

18

Set-off for enhancement in value of retained land

19

No double recovery

20

PART 4

OPERATIONAL PROVISIONS

Operation and use of development

21

Power to appropriate

22

Planning legislation

23

PART 5

SUPPLEMENTAL POWERS

Discharge of water

24

Powers to dredge

25

Authority to survey and investigate the land

26

Protective works to buildings

27

Agreement with highway authority

28

PART 6

MISCELLANOUS AND GENERAL

Defence to proceedings in respect of statutory nuisance

29

Deemed marine licence

30

Trees subject to a tree preservation order

31

Application of landlord and tenant law

32

Certification of plans and documents etc.

33

Service of notices