The Associated British Ports (Immingham Green Energy Terminal) (Corrections) Order 2025
Source: legislation.gov.uk (2025-07-03)

The Order corrects correctable errors and omissions in the Associated British Ports (Immingham Green Energy Terminal) Order 2025 (S.I. 2025/165), a development consent order under the Planning Act 2008 (c. 29), following a written request under paragraph 1(5)(a) of Schedule 4 to that Act.

Statutory Instruments

2025 No. 781

Infrastructure Planning

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

Made

30th June 2025

Coming into force

2nd July 2025

The Associated British Ports (Immingham Green Energy Terminal) Order 2025 (“the 2025 Order”)(1 (\"#f00001\")), which granted development consent within the meaning of the Planning Act 2008 (“the Act”)(2 (\"#f00002\")), contained correctable errors within the meaning of the Act(3 (\"#f00003\")). Before the end of the relevant period, as defined in paragraph 1(6)(a) of Schedule 4 to the Act, the Secretary of State received a written request from the applicant(4 (\"#f00004\")) for the correction of errors in the 2025 Order.

The Secretary of State has informed the relevant local planning authority for the area in which the land to which the 2025 Order relates is situated, that the request has been received in accordance with paragraph 1(7) of Schedule 4 to the Act.

The Secretary of State, in exercise of the powers conferred by section 119 of, and paragraphs 1(4) and (8) of Schedule 4 to, the Act, makes the following Order.

Citation and commencement

1. This Order may be cited as the Associated British Ports (Immingham Green Energy Terminal) (Corrections) Order 2025 and comes into force on 2nd July 2025.

Corrections

2. The Associated British Ports (Immingham Green Energy Terminal) Order 2025 is corrected as set out in the table in the Schedule to this Order, where—

(a)column 1 sets out where the correction is to be made;

(b)column 2 sets out how the correction is to be made; and

(c)column 3 sets out the text to be substituted, inserted or omitted.

Signed by authority of the Secretary of State for Transport

Kayla Marks

Head of the Transport and Works Act Orders Unit

Department for Transport

30th June 2025

Article 2

SCHEDULECorrectable Errors

ProvisionHow correction is to be madeText to be substituted, inserted or omitted1.Article 2(1), definition of ‘maintain’After “reported in the environmental statement” insert“or in any environmental information supplied under the 2017 Regulations”2.Article 2(1), definition of ‘maintain’For ““maintain is to be construed accordingly”;” substitute““maintain” is to be construed accordingly;”3.Article 2(1), definition of ‘Order limits’For “the authorised development” substitute“the authorised project”4.Article 2(1), definition of ‘undertaker’, sub-paragraph (b)(iii)For “article 0” substitute“article 31”5.Article 3(1)(e)For “articles 0” substitute“articles 31”6.Article 7(1)(d)After “maintain or renew” omit“the position of”7.Article 8(1)For “is to be treated” substitute“are to be treated”8.Article 8(3)(a)After “(directions as to timing” omit“as to timing”9.Article 12(1)After “column (3) of that Schedule,” insert“and”10.Article 21(19)(b)For “articles 0” substitute“articles 31”11.Article 22(2)For “article 0” substitute“article 31”12.Article 23(2)For “article 0” substitute“article 31”13.Article 24(2)For “paragraph 5(8)” substitute“paragraph 4(10)”14.Article 30(5)(b)For “article 0” substitute“article 31”15.Article 31(1)(c), (d), (e) and (g)For each reference to “sub-paragraph 31” substitute“sub-paragraph (a)”16.Article 31(12)For “paragraph 31” substitute“paragraph (1)(a)”17.Article 46(3)(c)For “article 0” substitute“article 31”18.Article 46(10)After “Where the Company has” omit“with”19.Article 46(20)(c)For “article 0” substitute“article 31”20.Article 53(1)For “, shrub, hedgerow or important hedgerow” substitute“or shrub”21.Article 53(2)(a)After “any tree, shrub or hedgerow” omit“, or important hedgerow”22.Article 53(7)For “paragraph (1)” substitute“paragraph (4)”23.Schedule 2, paragraph (1)(h), definition of ‘commence’For “advertisements and “commencement”,” substitute“advertisements,”24.Schedule 2, paragraph (1), definition of ‘commence’For “and “commenced” are to be construed accordingly;” substitute“and “commenced” and “commencement” are to be construed accordingly;”25.Schedule 2, paragraph (16)(1)For “, pr Work Nos. 2, 3, 5 and 7” substitute“or within Work Nos. 2, 3, 5 and 7”27.Schedule 2, paragraph 21Omit paragraph 21 and its heading in their entirety“Flood Defence Agreement 21.—(1) No part of the authorised project shall be commenced until a Flood Defence Agreement between the Applicant and the Environment Agency regarding the reconstruction, future ownership, operation and maintenance of the flood defence that will be impacted by the authorised project, has been submitted to and approved by the Local Planning Authority. The authorised project must be carried out in accordance with the approved agreement.” 28.Schedule 11, paragraph (3)(1)For “sub-paragraph 2(2).” substitute“sub-paragraph 3(2).”29.Schedule 11, paragraph (4)(11)For “0 (temporary use of land” substitute“31 (temporary use of land”30.Schedule 14, Part 7, paragraph 92(2)After “Paragraphs 96 and 97” omit“of this Agreement”31.Schedule 15, document: ‘works plans’In column (2), for “TR030008/APP/4.1” substitute“TR030008/APP/4.2”32.Schedule 15, document: ‘woodland compensation plan’In column (3), for “4” substitute“5”

EXPLANATORY NOTE

(This note is not part of the Order)

The Order corrects correctable errors and omissions in the Associated British Ports (Immingham Green Energy Terminal) Order 2025 (S.I. 2025/165 (\"http://www.legislation.gov.uk/id/uksi/2025/165\")), a development consent order under the Planning Act 2008 (c. 29) (\"http://www.legislation.gov.uk/id/ukpga/2008/29\"), following a written request under paragraph 1(5)(a) of Schedule 4 to that Act.

(1)

S.I. 2025/165 (\"http://www.legislation.gov.uk/id/uksi/2025/165\").

(2)

2008 c. 29 (\"http://www.legislation.gov.uk/id/ukpga/2008/29\"). Paragraph 1 of Schedule 4 was amended by section 128(2) of, and paragraph 70 of Schedule 13, and Part 20 of Schedule 25 to, the Localism Act 2011 (c. 20) (\"http://www.legislation.gov.uk/id/ukpga/2011/20\"). There are other amendments to the Act which are not relevant to this Order.

(3)

As provided for in Schedule 4 of the Act.

(4)

The term “applicant” is defined in paragraph 4 of Schedule 4 to the Act.