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

• “specified works” means any of the authorised works or activities undertaken in association with the authorised works which—will or may be situated over, or within 15 metres measured in any direction of any apparatus the removal of which has not been required by the undertaker under sub-paragraph 103(2) or otherwise;may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under sub-paragraph 103(2) or otherwise; and/orinclude any of the activities that are referred to in CD/SP/SSW/22 (Cadent’s policies for safe working in the vicinity of Cadent’s Assets); and

• “undertaker” means the undertaker as defined in article 2 of this Order.

Protective works to buildings

101

• (1) The undertaker, in the case of the powers conferred by article 27 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus without the written consent of Cadent and, if by reason of the exercise of those powers any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) or property of Cadent or any interruption in the supply of gas by Cadent, as the case may be, is caused, the undertaker must bear and pay on demand the cost reasonably incurred by Cadent in making good such damage or restoring the supply; and, subject to sub-paragraph (2), shall—

• (a) pay compensation to Cadent for any loss sustained by it; and

• (b) indemnify Cadent against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by Cadent, by reason of any such damage or interruption.

• (2) Nothing in this paragraph imposes any liability on the undertaker with respect to any damage or interruption to the extent that such damage or interruption is attributable to the act, neglect or default of Cadent or its contractors or workmen; and Cadent will give to the undertaker reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made by Cadent, save in respect of any payment required under a statutory compensation scheme, without first consulting the undertaker and giving the undertaker an opportunity to make representations as to the claim or demand.

Acquisition of land

102

• (1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker may not appropriate or acquire any land interest or appropriate, acquire, extinguish, interfere with or override any easement, other interest or right and/or apparatus of Cadent otherwise than by agreement.

• (2) As a condition of agreement between the parties in sub-paragraph 104(1), prior to the carrying out of any part of the authorised works (or in such other timeframe as may be agreed between Cadent and the undertaker) that are subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement and/or other legal or land interest of Cadent and/or affects the provisions of any enactment or agreement regulating the relations between Cadent and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as Cadent reasonably requires enter into such deeds of consent and variations upon such terms and conditions as may be agreed between Cadent and the undertaker acting reasonably and which must be no less favourable on the whole to Cadent unless otherwise agreed by Cadent, and it will be the responsibility of the undertaker to procure and/or secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised works.

• (3) The undertaker and Cadent agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation and/or removal of apparatus/including but not limited to the payment of costs and expenses relating to such relocation and/or removal of apparatus and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by Cadent and/or other enactments relied upon by Cadent as of right or other use in relation to the apparatus, then the provisions in this Schedule shall prevail subject to the proviso in paragraph 99 above.

• (4) Any agreement or consent granted by Cadent under paragraph 105 or any other paragraph of this Part of this Schedule, shall not be taken to constitute agreement under sub-paragraph 104(1).

• (5) As a condition of an agreement between the parties in sub-paragraph 104(1) that involves de-commissioned apparatus being left in situ the undertaker must accept a surrender of any existing easement and/or other interest of Cadent in such decommissioned apparatus subject to the satisfaction of the undertaker and consequently acquire title to such decommissioned apparatus and release Cadent from all liabilities in respect of such de-commissioned apparatus from the date of such surrender.

Removal of apparatus

103

• (1) If, for the purpose of executing any works in, on, under or over any land held or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to Cadent advance written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order Cadent reasonably needs to move or remove any of its apparatus) the undertaker must afford to Cadent to its satisfaction (taking into account sub-paragraph 104(1) below) the necessary facilities and rights—

• (a) for the construction of alternative apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by Cadent in respect of the apparatus);

• (b) subsequently for the maintenance of that apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by Cadent in respect of the apparatus); and

• (c) to allow access to that apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by Cadent in respect of the apparatus).

• (2) If the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (1), in the land in which the alternative apparatus or part of such apparatus is to be constructed, Cadent may, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to assist the undertaker in obtaining the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation shall not extend to the requirement for Cadent to use its compulsory purchase powers to this end unless it (in its absolute discretion) elects to so do.

• (3) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between Cadent and the undertaker.

• (4) Cadent must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the prior grant to Cadent of such facilities and rights as are referred to in sub-paragraph (2) or (3) have been afforded to Cadent to its satisfaction, then proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to decommission or remove any apparatus required by the undertaker to be decommissioned or removed under the provisions of this Part of this Schedule.

• (5) Where apparatus is to be decommissioned pursuant to sub–paragraph (4) such apparatus shall be filled with concrete save where Cadent determines (in its absolute discretion) that this method of decommissioning would not be appropriate and in such circumstances the undertaker shall be able to require the removal of such apparatus at the undertaker’s expense unless such removal is not practicable in which case Cadent shall decommission the apparatus as it sees fit.

Facilities and rights for alternative apparatus

104

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for Cadent facilities and rights in land for the access to, construction and maintenance alternative apparatus in substitution for apparatus to be decommissioned or removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and Cadent and must be no less favourable on the whole to Cadent than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed unless otherwise agreed by Cadent.

• (2) If the facilities and rights to be afforded by the undertaker and agreed with Cadent under sub-paragraph (1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to Cadent than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed (in Cadent’s opinion) then the terms and conditions to which those facilities and rights are subject in the matter will be referred to arbitration in accordance with paragraph 112 (arbitration) of this protective provision and the arbitrator shall make such provision for the payment of compensation by the undertaker to Cadent as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection of Cadent

105

• (1) Not less than 56 days before the commencement of any specified works the undertaker must submit to Cadent a plan and, if reasonably required by Cadent, a ground monitoring scheme in respect of those works.

• (2) The plan to be submitted to Cadent under sub-paragraph (1) must include a method statement and describe—

• (a) the exact position of the works;

• (b) the level at which these are proposed to be constructed or renewed;

• (c) the manner of their construction or renewal including details of excavation, positioning of plant etc.;

• (d) the position of all apparatus;

• (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

• (f) any intended maintenance regimes.

• (3) The undertaker must not commence any works to which sub-paragraphs (1) and (2) apply until Cadent has given written approval of the plan so submitted.

• (4) Any approval of Cadent required under sub-paragraph (3)—

• (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (5) or (7); and

• (b) must not be unreasonably withheld.

• (5) In relation to any work to which sub-paragraphs (1) and/or (2) apply, Cadent may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

• (6) Works to which this paragraph applies must only be executed in accordance with the plan, submitted under sub-paragraph (1) and (2) or as relevant sub-paragraph (4), as approved or as amended from time to time by agreement between the undertaker and Cadent and in accordance with all conditions imposed under sub-paragraph (4)(a), and Cadent will be entitled to watch and inspect the execution of those works.

• (7) Where Cadent requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to Cadent’s satisfaction prior to the commencement of any authorised works (or any relevant part thereof) for which protective works are required prior to commencement.

• (8) If Cadent, in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under sub-paragraph 103(2).

• (9) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the authorised works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan.

• (10) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to Cadent notice as soon as is reasonably practicable and a plan of those works and must comply with—

• (a) the conditions imposed under sub-paragraph (4)(a) insofar as is reasonably practicable in the circumstances; and

• (b) sub-paragraph (11) at all times.

• (11) At all times when carrying out any works authorised under the Order the undertaker must comply with the Cadent’s policies for safe working in the vicinity of Cadent’s Assets CD/SP /SSW22 and HSE’s “HS(~G)47 Avoiding Danger from underground services”.

• (12) As soon as reasonably practicable after any ground subsidence event attributable to the authorised development the undertaker shall implement an appropriate ground mitigation scheme save that Cadent retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 106.

Expenses

106

• (1) Subject to the following provisions of this paragraph, the undertaker must pay to Cadent on demand all charges, costs and expenses reasonably anticipated or incurred by Cadent in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised works as are referred to in this Part of this Schedule including without limitation—

• (a) any costs reasonably incurred by or paid by Cadent in connection with the negotiation of rights or the exercise of statutory powers for such apparatus including without limitation all costs (including professional fees) incurred by Cadent in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;

• (b) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

• (c) the approval of plans;

• (d) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;

• (e) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule; and

• (f) any watching brief pursuant to sub-paragraph 105(6).

• (2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.

• (3) If in accordance with the provisions of this Part of this Schedule—

• (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 35 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to Cadent by virtue of sub-paragraph (1) will be reduced by the amount of that excess save where it is not possible or appropriate in the circumstances (including due to statutory or regulatory changes) to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.

• (4) For the purposes of sub-paragraph (3)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus will not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

• (b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will be treated as if it also had been agreed or had been so determined.

• (5) An amount which apart from this sub-paragraph would be payable to Cadent in respect of works by virtue of sub-paragraph (1) will, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on Cadent any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Indemnity

107

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule (including without limitation relocation, diversion, decommissioning, construction and maintenance of apparatus or alternative apparatus) or in consequence of the construction, use, maintenance or failure of any of the authorised works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised works) or property of Cadent, or there is any interruption in any service provided, or in the supply of any goods, by Cadent, or Cadent becomes liable to pay any amount to any third party, the undertaker will—

• (a) bear and pay on demand the cost reasonably incurred by Cadent in making good such damage or restoring the supply; and

• (b) indemnify Cadent for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Cadent, by reason or in consequence of any such damage or interruption or Cadent becoming liable to any third party as aforesaid other than arising from any default of Cadent.

• (2) The fact that any act or thing may have been done by Cadent on behalf of the undertaker or in accordance with a plan approved by Cadent or in accordance with any requirement of Cadent or under its supervision including under any watching brief will not (unless sub-paragraph (3) applies) excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless Cadent fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan.

• (3) Nothing in sub-paragraph (1) shall impose any liability on the undertaker in respect of—

• (a) any damage or interruption to the extent that it is attributable to the neglect or default of Cadent, its officers, servants, contractors or agents; and

• (b) any authorised works and/or any other works authorised by this Part of this Schedule carried out by Cadent as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 of the Planning Act 2008 or article 9 (transfer benefit of Order, etc.) subject to the proviso that once such works become apparatus (“new apparatus”), any authorised works yet to be executed and not falling within this sub-section 3(b) will be subject to the full terms of this Part of this Schedule including this paragraph 107.

• (4) Cadent must give the undertaker reasonable notice of any such third party claim or demand and no settlement or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations.

Enactments and agreements

108

Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between Cadent and the undertaker, nothing in this Part of this Schedule shall affect the provisions of any enactment or agreement regulating the relations between the undertaker and Cadent in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made and which will continue to have effect.

Co-operation

109

Where in consequence of the proposed construction of any of the authorised works, the undertaker or Cadent requires the removal of apparatus under sub-paragraph 103(2) or Cadent makes requirements for the protection or alteration of apparatus under paragraph 105, the undertaker shall use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of Cadent’s undertaking and Cadent shall use its best endeavours to co-operate with the undertaker for that purpose.

110

For the avoidance of doubt whenever Cadent’s consent, agreement or approval is required in relation to plans, documents or other information submitted by Cadent or the taking of action by Cadent, it must not be unreasonably withheld or delayed.

Access

111

If in consequence of the agreement reached in accordance with sub-paragraph 104(1) or the powers granted under this Order the access to any apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by Cadent in respect of the apparatus) is materially obstructed, the undertaker must provide such alternative rights and means of access to such apparatus as will enable Cadent to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

112

Save for differences or disputes arising under sub-paragraphs 103(2), 103(4), 105(1), and paragraph 106 any difference or dispute arising between the undertaker and Cadent under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and Cadent, be determined by arbitration in accordance with article 35 (arbitration) to 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) to the President of the Institute of Civil Engineers and in settling any difference or dispute, the arbitrator must have regard to the requirements of Cadent for ensuring the safety, economic and efficient operation of Cadent’s apparatus.

Notices

113

The plans submitted to Cadent by the undertaker pursuant to sub-paragraph 105(1) must be sent to Cadent Gas Limited Plant Protection by e-mail to plantprotection@cadentgas.com copied by e-mail to landservices@cadentgas.com and sent to the General Counsel Department at Cadent’s registered office or such other address as Cadent may from time to time appoint instead for that purpose and notify to the undertaker.

PART 10 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

Application

114

For the protection of any operator, referred to in this Part of this Schedule, the following provisions have effect until the commencement of the operation of the authorised development, unless otherwise agreed in writing between the undertaker and the operator.

Interpretation

115

In this Part of this Schedule—

• “the 2003 Act” means the Communications Act 2003;

• “the code rights” has the same meaning as in the Paragraph 3 of the electronic communications code;

• “electronic communications apparatus” has the same meaning as in electronic communications code;

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

• “the electronic communications code network” means—so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; andan electronic communications network which the undertaker is providing or proposing to provide;

• “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;

• “infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7(2) of that code; and

• “operator” means the operator of an electronic communications code network.

116

The exercise of the powers of article 16 (statutory undertakers and operator of the electronic communications code network) is subject to Part 10 (undertaker’s works affecting electronic communications apparatus) of the electronic code.

117

• (1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of the authorised development—

• (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development), or other property of an operator; or

• (b) there is any interruption in the supply of the service provided by an operator, the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

• (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 an operator, its officers, servants, contractors or agents.

• (3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker and if such consent, is withheld, the undertaker has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

• (4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 35 (arbitration).

118

This Part of this Schedule does not apply to—

• (a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or

• (b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development.

119

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.

PART 11 — FOR THE PROTECTION OF DFDS SEAWAYS PLC

Application

120

The provisions of this Part of this Schedule shall apply for the protection of DFDS, unless otherwise agreed in writing at any time between the undertaker and DFDS.

Interpretation

121

In this Part of this Schedule—

• “authorised work” means any work specified in Schedule 1;

• “DFDS” means DFDS Seaways plc, company number 01554521 registered at Nordic House, Western Access Road, Immingham Dock, Immingham, DN40 2LZ; and

• “environmental document” means the environmental statement prepared for the purposes of the application for this Order together with any supplementary environmental information or other document so prepared by way of clarification or amplification of the environmental statement.

Consultation and notification

122

The undertaker must, at least 28 days before the undertaker commences the construction of any authorised work, or any phase of any authorised work, that has been assessed in any environmental document as being likely to interfere with DFDS’ use of the Port of Immingham or the surrounding road network, inform DFDS in writing stating what is proposed and have regard to any response received from DFDS.

Indemnity

123

• (1) The undertaker is responsible for and must make good to DFDS all reasonable financial costs or losses not otherwise provided for in this Part of this Schedule which may reasonably be incurred or suffered by DFDS by reason of—

• (a) the construction of the authorised works or operation of the authorised development; or

• (b) any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged in the construction of the authorised works or operation of the authorised development.

• (2) DFDS must give the undertaker no less than 28 days’ notice in writing, providing a detailed explanation and justification for any such claim, as is referred to in sub-paragraph (1), and no settlement or compromise of any such claim or demand is to be made without the prior consent of the undertaker.

• (3) 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 DFDS, its officers, servants, contractors or agents.

Operations

124

Before commencing any marine commercial operations the undertaker must provide DFDS with a copy of the Statutory Conservancy and Navigation Authority’s approval of the written statement of proposed safe operating procedures for access to and egress from the authorised development, including any approved alteration made from time to time.

Disputes

125

Any dispute arising between the undertaker and DFDS under this Part of this Schedule is to be determined by arbitration as provided in article 35 (arbitration).

PART 12 — FOR THE PROTECTION OF CLDN PORTS KILLINGHOLME LIMITED

Application

126

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 until the commencement of operation of the authorised development.

Interpretation

127

• (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;

• “the CLdN disposal site” means Humber 3A/Clay Huts (HU060) disposal site situated adjacent to Clay Huts and Holme Ridge in the river Humber;

• “environmental document” means environmental statement prepared for the purposes of the application for this Order together with any supplementary environmental information or other document so prepared by way of clarification or amplification of the environmental statement;

• “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;

• “specified work” means any work, activity or operation authorised by this Order, by the Town and Country Planning Act (General Permitted Development) Order 2015 or by any planning permission given under the Town and Country Planning Act 1990, and any vessel movements, which has been assessed in any environmental document as being likely to interfere with—the Port or access (including over water) to and from the Port; orCLdN’s ability to carry out disposal activities at the CLdN disposal site; orthe functions of CLdN as the statutory harbour authority for the Port.

Cooperation

128

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 of and consultation on works and vessel movements

129

The undertaker must inform CLdN in writing of the intended start date and the likely duration of the carrying out of any specified work at least 20 days prior to the commencement of the specified work.

130

Any operations for the construction of any specified work, once commenced, must be carried out by the undertaker so that CLdN does not suffer more interference than is reasonably necessary.

Indemnity

131

• (1) During the construction of the authorised development, 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 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 power of this Order, save for where such an obstruction is as a result of the lawful actions or direction of the Statutory Conservancy and Navigation Authority;

• (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; or

• (c) any additional costs of disposal of dredging arisings from the Port incurred by CLdN as a result of the undertaker’s use of the CLdN disposal site.

• (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 claims and demands arising out of, or in connection with, such construction, maintenance or failure or act or omission as is mentioned in that sub-paragraph until the commencement of the operation of the authorised development.

Arbitration

132

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 35 (arbitration).

PART 13 — FOR THE PROTECTION OF THE INTERNAL DRAINAGE BOARD

Application

133

The provisions of this Part of this Schedule have effect for the protection of the Board unless otherwise agreed in writing between the undertaker and the Board.

Interpretation

134

In this part of this Schedule—

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

• “drainage work” means any ordinary watercourse and includes any land that provides or is expected to provide flood storage capacity for any ordinary watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence;

• “evidence” includes hydraulic modelling, infiltration test results and geotechnical evaluations;

• “ordinary watercourse” has the meaning given in section 72 (Interpretation) of the Land Drainage Act 1991[^f00068];

• “plans” includes sections, drawings, specifications and method statements;

• “specified work” means—the making of any opening into or connections with any watercourse or drain in connection with the authorised development; and/orso much of any work or operation of the authorised development as is in, on, under, over or within 9 metres of a drainage work for which the Board has responsibility or is otherwise likely to—affect any drainage work;affect the total volume or volumetric rate of flow of water in or flowing to or from any drainage work;affect the flow of water in any drainage work; oraffect the conservation, distribution or use of water resources.

135

The undertaker must not make any opening into or connections with any watercourse or drain in connection with the authorised development or carry out any specified work except—

• (a) in accordance with plans approved by the Board in accordance with this Part of this Schedule; and

• (b) where the Board has been given the opportunity to supervise the making of the opening or connection,

and no discharge of water under article 24 (discharge of water) shall be made until details of the location and rate of discharge have been submitted to and approved in writing by the Board.

• (2) Before beginning to construct any specified work, the undertaker must submit to the Board plans of the specified work, evidence to support said plans and any such further particulars available to it as the Board may within 28 days of the submission of the plans reasonably require (or submission of further particulars if required by the Board).

• (3) Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the Board or determined under paragraph 143.

• (4) Any approval of the Board required under this paragraph—

• (a) must not be unreasonably withheld or delayed;

• (b) is deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval (or the submission of further particulars if applicable) or, in the case of a refusal, if it is not accompanied by a statement of the grounds of refusal; and

• (c) may be given subject to such reasonable requirements and conditions as the Board may consider appropriate.

• (5) The Board must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (4).

• (6) Where under this Part of this Schedule the Board is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that the Board complies with its obligations to consult other appropriate agencies, to have regard to any guidance issued by any appropriate supervisory body and has regard to its obligations under statute.

136

Without limiting paragraph 135, the requirements which the Board may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified work (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

• (a) to safeguard any drainage work against damage; or

• (b) to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased,

by reason of any specified work or the authorised development.

137

• (1) Subject to sub–-paragraph (2), any specified work, and all protective works required by the Board under paragraph 136, must be constructed—

• (a) without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part; and

• (b) to the reasonable satisfaction of the Board, and an officer of the Board is entitled to give such notice as may be reasonably required in the circumstances to watch and inspect the construction of such works.

• (2) The undertaker must give to the Board—

• (a) not less than 14 days’ notice in writing of its intention to commence construction of any specified work; and

• (b) notice in writing of its completion not later than 7 days after the date on which it or the authorised development is brought into use.

• (3) If the Board reasonably requires, the undertaker must construct all or part of the protective works so that they are in place before the construction of the specified work.

• (4) If any part of a specified work or any protective work required by the Board is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Board may by notice in writing require the undertaker at the undertaker’s expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and the Board in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Board reasonably requires.

• (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 emergency exercise the powers conferred by sub-paragraph (4) until the dispute has been finally resolved by agreement or determined under paragraph 143.

138

If by reason of the construction of the authorised development or 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.

139

If the Board considers that, as a direct result of the construction and/or operation of the authorised development the outfall of the Habrough Drain has been obstructed or impaired and either—

• (a) the obstruction has the potential to impede or affect the flow of water from the Habrough Drain into the River Humber; or

• (b) the efficiency of any ordinary watercourse for flood defence or land drainage purposes is impaired, or that watercourse is otherwise damaged, so as to require remedial action,

such obstruction, 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 same and recover from the undertaker the expense reasonably incurred by it in so doing.

140

The undertaker must compensate the Board in respect of 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 and evidence 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 of any surveys or tests by the Board that are reasonably required in connection with the authorised development and/or construction of the specified work.

141

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 may be made or taken against, reasonably recovered from or reasonably incurred by the Board by reason of—

• (a) any damage to any drainage 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 authorised development, the construction of the specified work or any act or omission of the undertaker, its contractors, agents or employees whilst engaged upon the work.

142

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.

143

Any dispute between the undertaker and the Board under this Part of this Schedule, unless otherwise agreed, must be determined by arbitration under article 35 (arbitration).

SCHEDULE 5 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications in respect of compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply in respect of compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

• (2) For section 5A(5A)(relevant valuation date) of the 1961 Act substitute—

(5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) (powers of entry) of the 1965 Act[^f00069] (as modified by paragraph 5(5) of Schedule 5 (modification of compensation and compulsory purchase enactments) to the Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 5 to the Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024 to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purposes of exercising that right.

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00070] has effect subject to the modifications set out in sub-paragraph (2).

• (2) In section 44(1)[^f00071] (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

• (a) for “land is acquired or taken” substitute “a right over land is purchased”;

• (b) for “acquired or taken from him” substitute “over which the right is exercisable”.

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 14 (modification of Part 1 of the 1965 Act)), applies to the compulsory acquisition of a right by the creation of a new right under article 10 (compulsory acquisition of rights)—

• (a) with the modifications specified in paragraph 5; and

• (b) with such other modifications as may be necessary.

5

• (1) The modifications referred to in paragraph 4(a) are as follows.

• (2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired; or

• (b) the land over which the right is or is to be exercisable.

• (3) For section 7 (measure of compensation) of the 1965 Act substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

• (4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

• (5) Section 11[^f00072] (powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 10 (compulsory acquisition of rights), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right; and sections—

• (a) 11A[^f00073] (powers of entry: further notices of entry);

• (b) 11B[^f00074] (counter-notice requiring possession to be taken on a specified date);

• (c) 12[^f00075] (penalty for unauthorised entry); and

• (d) 13[^f00076] (entry on warrant in the event of obstruction) of the 1965 Act,

are modified correspondingly.

• (6) Section 20[^f00077] (tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 14(4) is also modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

• (8) For schedule 2A to the 1965 Act substitute—

SCHEDULE 2A (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 (execution of declaration) of the 1981 Act as applied by article 15 (application of the 1981 Act) of the Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024 in respect of the land to which the notice to treat relates. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The acquiring authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the acquiring authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the acquiring authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the acquiring authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory; or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right, (b) the use to be made of the right proposed to be acquired, and (c) if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 6 — LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

(1) Plot reference number shown on land plans	(2) Works for which Plots are required	(3) Extent of acquisition
1	Work Nos. 4 and 7	Acquisition of permanent rights (including restrictive covenants) over land
2a	Work Nos. 4 and 7	Acquisition of permanent rights (including restrictive covenants) over land
2b	Work Nos. 4 and 7	Acquisition of permanent rights (including restrictive covenants) over land
3	Work Nos. 4 and 7	Acquisition of permanent rights (including restrictive covenants) over land
4	Work Nos. 4 and 7	Acquisition of permanent rights (including restrictive covenants) over land
5a	Work Nos. 4 and 7	Acquisition of permanent rights (including restrictive covenants) over land
5b	Work Nos. 4 and 7	Acquisition of permanent rights (including restrictive covenants) over land
6	Work Nos. 4 and 7	Acquisition of permanent rights (including restrictive covenants) over land
9	Work No. 6	Acquisition of permanent rights (including restrictive covenants) over land
14	Work Nos. 1, 2 and 3	Acquisition of interests and rights over land

SCHEDULE 7 — PLANS AND DOCUMENTS TO BE CERTIFIED

(1)Document	(2)Document Reference
the book of reference	Document Reference 4.1 v2
the drainage plan	Document Reference 2.7
the engineering sections, drawings and plans	Document Reference 2.6 v4
the Enhanced Operational Controls	Document Reference 10.2.109
the environmental statement	The environmental statement chapters (Document Reference 8.2), figures (Document Reference 8.3), appendices (Document Reference 8.4) subject to the substitutions set out below:volume 1, chapter 2: proposed development document reference 8.2.2 v2;volume 1, chapter 3: details of project construction and operation 8.2.3 v2;volume 1, chapter 6: impact assessment approach document reference 8.2.6 v2;volume 1, chapter 20: cumulative and in-combination effects document reference 8.2.20 v2; volume 2, figure 1.2: Layout of Proposed Marine Works at Immingham Eastern Ro-Ro Terminal document reference 10.3.8, Figure 2.3; volume 2, figure 1.3: Layout of Proposed Landside Works at Immingham Eastern Ro-Ro Terminal document reference 10.3.8, Figure 2.2; volume 2, Figure 3.1: Demolition Works Associated with Immingham Eastern Ro-Ro Terminal document reference 10.3.8, Figure 3.1; volume 2, Figure 7.8: Peak Flood Baseline Flows (Top) and Impact of Scheme (Bottom) document reference 10.3.8, Figure 7.1; volume 2, Figure 7.9: Peak Ebb Baseline Flows (Top) and Impact of Scheme (Bottom) document reference 10.3.8, Figure 7.2; volume 2, Figure 7.19: Modelled Bed Level Change Over a Mean Spring Neap Cycle document reference 10.3.8, Figure 7.3; volume 2, Figure 7.20: Predicted Change to BSS on Flood (Top) and Ebb (Bottom) document reference 10.3.8, Figure 7.4; volume 2, Figure 7.22: Baseline Hs (Top) and Effect of Scheme (Bottom) for 0.5-yr Wave Event from NE (Left) and E (Right) document reference 10.3.8, Figure 7.5; volume 2, Figure 7.23: Baseline Hs (Top) and Effect of Scheme (Bottom) for 0.5-yr Wave Event from SE (Left) and NE (Right) document reference 10.3.8, Figure 7.6; volume 2, Figure 7.24: Baseline Hs (Top) and Effect of Scheme (Bottom) for 50-yr Wave Event from E (Left) and SE (Right) document reference 10.3.8, Figure 7.7; volume 2, figure 8.3.20: location of projects, developments and activities that are scoped into the inter-project effects assessment document reference 8.3.20 v2; volume 2, Figure 13.1b: Air Quality Study Area document reference 10.3.8, Figure 13.1; volume 2, Figure 13.3a: Operational Phase Assessment document reference 10.3.8, Figure 13.2; Volume 2, Figure 14.1: Sound Monitoring Locations document reference 10.3.8, Figure 14.1; Volume 3, Appendix 2.2: Concept Lighting Design Stage Summary Report reference 10.3.8, Annex A; Volume 3, Appendix 2.3: Building Schedule reference 10.3.8, Annex B; volume 3, appendix 10.1: navigational risk assessment document reference 8.4.10(a) v2; volume 3, appendix 10.2: navigation simulation study – part 1 document reference 8.4.10(b) v2; volume 3, appendix 10.2: navigation simulation study – part 2 document reference 8.4.10(b) v2; volume 3, appendix 10.3: navigational simulation – stakeholder demonstrations document reference 8.4.10(c) v2; Volume 3, Appendix 14.2: Construction Noise Levels and Assumptions reference 10.3.8, Annex C volume 3, appendix 17.1: transport assessment document reference 8.4.17(a) v2; and volume 3, transport assessment addendum document reference 8.4.17(a).1.
the environmental statement addendum	Document Reference 10.3.8
the flood risk assessment	Document Reference 8.4.11
the general arrangement plans	Document Reference 2.5 v2
the land plans	Document Reference 2.2 v2
the lighting plan	Document Reference 2.8 v2
the operational freight management plan	Document Reference 10.2.76 v2
the outline offshore construction environmental management plan	Document Reference 9.2.2 v2
the outline onshore construction environmental management plan	Document Reference 9.2.1 v2
the supplementary navigation information report with appendices	Document Reference 10.2.72
the travel plan	Document Reference 8.4.17(b)
the WEMP	Document Reference 9.4
the works plans	Document Reference 2.3 v2

Signed

Signed by authority of the Secretary of State for Transport

Gareth Leigh — Head of Transport and Works Act Orders Unit — Department for Transport — 4th October 2024

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Associated British Ports (referred to in this Order as the undertaker) to construct, operate and maintain a new RoRo facility with three berths additional marine infrastructure, a dredged berthing pocket, and associated development within the Port of Immingham.

The Order would permit the undertaker to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.

A copy of all documents mentioned in this Order and certified in accordance with article 33 (certification of plans and documents etc.) of this Order may be inspected free of charge during working hours at ABP’s Registered Office, 25 Bedford Street, London, WC2E 9ES.

Footnotes

[^f00001]: 2008 c. 29. Section 37 was amended by Schedule 13 to the Localism Act 2011 (c. 20).

[^f00002]: 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. 2017/752, 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.

[^f00003]: S.I. 2010/103, amended by S.I. 2012/635.

[^f00004]: Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011.

[^f00005]: Section 115 was amended by paragraph 56 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).

[^f00006]: Section 117 was amended by paragraph 58 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.

[^f00007]: Section 120 was amended by section 140 of and paragraph 60 of Schedule 13 to the Localism Act 2011.

[^f00008]: Section 122 was amended by paragraph 62 of Schedule 13 to the Localism Act 2011.

[^f00009]: 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 Schedule 6 to the Wales Act 2017.

[^f00010]: 1847 c. 27.

[^f00011]: 1961 c. 33.

[^f00012]: 1965 c. 56.

[^f00013]: 1980 c. 66.

[^f00014]: 1981 c. 66.

[^f00015]: 1990 c. 8. Section 206(1) was amended by section 192(8) to, and paragraphs 7 and 11 of Schedule 8 to, the Planning Act 2008 (c. 29). There are other amendments to the 1990 Act which are not relevant to this Order.

[^f00016]: 1991 c. 22.

[^f00017]: 2008 c. 29.

[^f00018]: 2009 c. 23.

[^f00019]: 1971 c. 80.

[^f00020]: Section 56 was amended by paragraph 10(2) of Schedule 7 to the Planning and Compensation Act 1991 (c.34). There are other amendments to section 56 which are not relevant to this Order.

[^f00021]: 1981 c. 67. The definition of “owner” in section 7 was amended by the Planning and Compensation Act 1991 (c. 34).

[^f00022]: 2003 c. 21.

[^f00023]: 1861 c. lviii.

[^f00024]: 1991 c. 59.

[^f00025]: 1991 c. 57. Paragraph 5 was amended by section 100(1) and (2) of the Natural Environment and Rural Communities Act 2006 (c. 16), section 84(2) of, and paragraph 3 of Schedule 11 to, the Marine and 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.

[^f00026]: S.I. 2016/1154.

[^f00027]: 1852 c. cxxx.

[^f00028]: 1899 c. cci.

[^f00029]: 1905 c. clxxix.

[^f00030]: 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 section 186 of the Housing and Planning Act 2016 (c. 22).

[^f00031]: Section 152 was amended by S.I. 2009/1307.

[^f00032]: Section 138 was amended by section 23 of the Growth and Infrastructure Act 2013 (c. 27) and S.I. 2017/1285.

[^f00033]: Section 125 was amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22).

[^f00034]: Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016. Section 4A(1) was amended by section 185(2)(b) of the Levelling-up and Regeneration Act 2023 (c. 55).

[^f00035]: Section 118 was amended by paragraphs 1 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).

[^f00036]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00037]: Section 5 was amended by paragraph 6 of Schedule 15 to the Housing and Planning Act 2016.

[^f00038]: Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016 and amended by section 185(3)(a) of the Levelling-up and Regeneration Act 2023.

[^f00039]: Section 5B was inserted by section 202(2) of the Housing and Planning Act 2016 and amended by section 185(3)(b) of the Levelling up and Regeneration Act 2023.

[^f00040]: Section 6 was amended by section 4 of, and 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 (c. 22).

[^f00041]: Section 134 was amended by section 142 of, and Part 21 of Schedule 25 to, the Localism Act 2011 and S.I. 2017/16.

[^f00042]: Section 7(1) was substituted by section 199 of, and paragraph 3 of Schedule 18 to, the Housing and Planning Act 2016.

[^f00043]: S.I. 2015/596.

[^f00044]: 1991 c. 56. Section 106 was amended by sections 35(1) and (8) and 43(2) 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 paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

[^f00045]: 1991 c. 56.

[^f00046]: S.I. 2016/1154.

[^f00047]: 1991 c. 57.

[^f00048]: 1991 c. 57.

[^f00049]: 1995 c. 21.

[^f00050]: 1965 c. 56. 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 Upper Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00051]: 2008 c. 29. Section 125 was amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22).

[^f00052]: Section 152 was amended by S.I. 2009/1307.

[^f00053]: 1990 c. 43.

[^f00054]: Subsection (2) was amended by section 5(2) of the Noise and Statutory Nuisance Act 1993 (c. 40); there are other amendments to this subsection which are not relevant to this Order.

[^f00055]: 1974 c. 40. Section 61 was amended by section 133(2) of, and Schedule 7 to, the Building Act 1984 (c. 55) and section 162 of, and paragraph 15(3) of Schedule 15 to, the Environmental Protection Act 1990 (c. 43).

[^f00056]: 1974 c. 40.

[^f00057]: 1990 c. 43.

[^f00058]: Section 79(1)(ga) was inserted by section 2(1) and (2)(b) of the Noise and Statutory Nuisance Act 1993.

[^f00059]: Section 80(1) was amended by section 86 of the Clean Neighbourhoods and Environment Act 2005 (c. 16).

[^f00060]: 1978 c. 30.

[^f00061]: 2003 c. 21. Section 32(1) was amended by S.I. 2011/1210.

[^f00062]: 1971 c. 80.

[^f00063]: 1964 c. 40.

[^f00064]: 1989 c. 29.

[^f00065]: 1991 c. 56.

[^f00066]: S.I. 2016/1154.

[^f00067]: 1974 c. 40.

[^f00068]: 1991 c. 59. There are amendments to section 72 but none are relevant.

[^f00069]: Section 5A was inserted by section 103 of the Planning and Compulsory Purchase Act 2004 (c. 5) and amended by section 199(2) of, and paragraph 9 of Schedule 18 to, the Housing and Planning Act 2016. There are other amendments to section 5A which are not relevant to this Order.

[^f00070]: 1973 c. 26.

[^f00071]: There are amendments to section 44 which are not relevant to this Order.

[^f00072]: 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), sections 186(2), 187(2) 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.

[^f00073]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00074]: Section 11B was inserted by section 187(2) of the Housing and Planning Act 2016.

[^f00075]: Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

[^f00076]: 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 Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00077]: Section 20 was amended by section 70 of, and paragraph 4 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

Editorial notes

[^key-90bfb3d3cd49e244d81e139bdc5f7b5b]: Art. 1 in force at 25.10.2024, see art. 1

[^key-3184985a38cb9ec7f90adf7a0a10dc46]: Art. 2 in force at 25.10.2024, see art. 1

[^key-137c56f5866eaf69fcd2cd77057dc285]: Art. 3 in force at 25.10.2024, see art. 1

[^key-bec962a1c0896d9c9abe7f9c6dc64502]: Art. 4 in force at 25.10.2024, see art. 1

[^key-f675342d89495ebc5fc5d1897eba91aa]: Art. 5 in force at 25.10.2024, see art. 1

[^key-c9e5b2f3862135d85e1b0f007f1c0038]: Art. 6 in force at 25.10.2024, see art. 1

[^key-f2c2d1a566e2f31dee1a51e8697ea1d2]: Art. 7 in force at 25.10.2024, see art. 1

[^key-d173eb91e5ebcc1e5684cf0ca784a695]: Art. 8 in force at 25.10.2024, see art. 1

[^key-49b88fd62d41a4b341ba18c3b6d7bdc3]: Art. 9 in force at 25.10.2024, see art. 1

[^key-cb27942bfbabb4b2fdaf88a12fda0fd9]: Art. 10 in force at 25.10.2024, see art. 1

[^key-9a1aa70a11afbfa65c7251dc0652d523]: Art. 11 in force at 25.10.2024, see art. 1

[^key-4e1e507eb46185955c4c6b3d12f624b8]: Art. 12 in force at 25.10.2024, see art. 1

[^key-91c4058895b65eea0350b336daf038fc]: Art. 13 in force at 25.10.2024, see art. 1

[^key-d4d6fcbe7044c6014d0e11b09a3c55fb]: Art. 14 in force at 25.10.2024, see art. 1

[^key-7be42f04f9cddfe5cc069ad2eefd83ad]: Art. 15 in force at 25.10.2024, see art. 1

[^key-bbfdf2f2a100e643deffc2f3c4c03e3b]: Art. 16 in force at 25.10.2024, see art. 1

[^key-5a66de8bcdfce2a1357cc8d0fca9ba5c]: Art. 17 in force at 25.10.2024, see art. 1

[^key-fdd926857ad63a06b6a8ac39ef24defb]: Art. 18 in force at 25.10.2024, see art. 1

[^key-c552a1285821655e587d422c1ce2fa77]: Art. 19 in force at 25.10.2024, see art. 1

[^key-e3422d77abc4fd9b2c618a4b9f66a239]: Art. 20 in force at 25.10.2024, see art. 1

[^key-75e7dc47befc2a1f21de0664ef868cbb]: Art. 21 in force at 25.10.2024, see art. 1

[^key-82f4524147d342851b1b20ccf97975f4]: Art. 22 in force at 25.10.2024, see art. 1

[^key-165037f2d0078f6114065d685ec99a99]: Art. 23 in force at 25.10.2024, see art. 1

[^key-00a799943d3baf7b52d2b1439928aa28]: Art. 24 in force at 25.10.2024, see art. 1

[^key-fd92f14e0f289daee94c9a6659b00ddb]: Art. 25 in force at 25.10.2024, see art. 1

[^key-62417d6f3a012b44b34de973d7e96432]: Art. 26 in force at 25.10.2024, see art. 1

[^key-0119dc021c4a254525282928cb65a931]: Art. 27 in force at 25.10.2024, see art. 1

[^key-206bd9835e04904998cec68a90bea8ea]: Art. 28 in force at 25.10.2024, see art. 1

[^key-ba87cd04f14066a162b4cd2265461fc1]: Art. 29 in force at 25.10.2024, see art. 1

[^key-48a22977dbbd88ed04032e14cac695bd]: Art. 30 in force at 25.10.2024, see art. 1

[^key-dfd348f16a46b4a4b4d380b93e7b3212]: Art. 31 in force at 25.10.2024, see art. 1

[^key-5ee97b0572c36da0545702a669f36c76]: Art. 32 in force at 25.10.2024, see art. 1

[^key-8537ebd5cce3181889969183bbddf388]: Art. 33 in force at 25.10.2024, see art. 1

[^key-49a18ad4874e9f613e62786c0907d602]: Art. 34 in force at 25.10.2024, see art. 1

[^key-c64b911125b17a248d2b37c26b9c4357]: Art. 35 in force at 25.10.2024, see art. 1

[^key-9c6b7e476df2dc61dbd224574e19d421]: Art. 36 in force at 25.10.2024, see art. 1

[^key-10eae2bab220b953870894313dfd1962]: Art. 37 in force at 25.10.2024, see art. 1

[^key-b710c87f94275e21bc59073aaa56cb62]: Art. 38 in force at 25.10.2024, see art. 1

[^key-372bb589299d51673302b8e417446990]: Art. 39 in force at 25.10.2024, see art. 1

[^key-964e3ee59d2e98001dc1212aec5aaa85]: Art. 40 in force at 25.10.2024, see art. 1

[^key-4cc96c8602faa321d218de163a12009d]: Art. 41 in force at 25.10.2024, see art. 1

[^key-4f7c57b5e99785c17a88e7f9d58ca2d5]: Art. 42 in force at 25.10.2024, see art. 1

[^key-9e8de510386d6d2294a51b10172a7340]: Sch. 2 para. 1 in force at 25.10.2024, see art. 1

[^key-34e9f6fc709ab8ef73122877719a394c]: Sch. 2 para. 2 in force at 25.10.2024, see art. 1

[^key-36055a17d20634681826b161fba41590]: Sch. 2 para. 3 in force at 25.10.2024, see art. 1

[^key-29e94f33c66e7c7110b7c5492615ec47]: Sch. 2 para. 4 in force at 25.10.2024, see art. 1

[^key-28b21c3eea85b0d786353ffcb49cd92e]: Sch. 2 para. 5 in force at 25.10.2024, see art. 1

[^key-743caa2d0ecb3f1b64801f51d264f6ea]: Sch. 2 para. 6 in force at 25.10.2024, see art. 1

[^key-391b832cfcd871f572eae16516bbddfb]: Sch. 2 para. 7 in force at 25.10.2024, see art. 1

[^key-060840964f2fe478b4f87414f2ba0072]: Sch. 2 para. 8 in force at 25.10.2024, see art. 1

[^key-2b71d54c8e563860b596a69a3916cddf]: Sch. 2 para. 9 in force at 25.10.2024, see art. 1

[^key-229138a292beb6e34c0f68acd6ecde2a]: Sch. 2 para. 10 in force at 25.10.2024, see art. 1

[^key-4d0b27aee92c2427be1513a6e0948042]: Sch. 2 para. 11 in force at 25.10.2024, see art. 1

[^key-1d5deeedd3b94e63bedafb1c8d65825c]: Sch. 2 para. 12 in force at 25.10.2024, see art. 1

[^key-b9b19820a06267b854e175b0784a5c4b]: Sch. 2 para. 13 in force at 25.10.2024, see art. 1

[^key-79fc4237a7e7551a24f429b69e1f57d9]: Sch. 2 para. 14 in force at 25.10.2024, see art. 1

[^key-1425a0ccf315796681c48323271479a2]: Sch. 2 para. 15 in force at 25.10.2024, see art. 1

[^key-fb7e2de28d71eb5ccbd89893314adb29]: Sch. 2 para. 16 in force at 25.10.2024, see art. 1

[^key-48fc08fb2717f3074c25144c2cdfb232]: Sch. 2 para. 17 in force at 25.10.2024, see art. 1

[^key-2b786d6a1a32342695a30a53dc2dfdd5]: Sch. 2 para. 18 in force at 25.10.2024, see art. 1

[^key-b2ce457040890cf4ef169d62f35eee52]: Sch. 2 para. 19 in force at 25.10.2024, see art. 1

[^key-b220cfbb7cdef6f7f7f3360c8c77005c]: Sch. 2 para. 20 in force at 25.10.2024, see art. 1