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

Articles 3 and 5

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—

(a)

part (a) of Work No.3 as defined in Schedule 1 to this Order; or

(b)

part (b) of Work No. 3 as defined in Schedule 1 to this Order; or

(c)

both 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 operational freight management plan included in Schedule 7 (plans and documents to be certified) and certified by the Secretary of State 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 travel plan included in Schedule 7 (plans and documents to be certified) and certified by the Secretary of State 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

(c) are—

(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(1).

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

(c) the proposed ancillary buildings as identified as part of Work No. 4(f),

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 decision 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

(c) in general accordance with the detail shown on the relevant general arrangement plans.

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

(c) install the impact protection measures detailed as Work No. 3(b).

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.

(2) As soon as reasonably practicable after the amendment mentioned in paragraph (1), the dock master must—

(a) notify the IOT Operators of its amendments to the Manual insofar as they relate to the operation of the authorised development; and

(b) publish the amended navigational controls on the Port of Immingham webpage.

(3) The undertaker must operate the authorised development only in accordance with the Manual referred to in sub–paragraph (1) as may be amended and re-published from time to time.

PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation

21.  In this Part of this Schedule, “ discharging authority” means any body responsible for giving any consent, agreement or approval required by a requirement included in Part 1 of this Schedule, or for giving any consent, agreement or approval further to any document referred to in any such requirement.

Applications made under requirements

22.—(1) Subject to sub-paragraph (3), where an application has been made to the discharging authority for any consent, agreement or approval required by a requirement included in this Order, or for any consent, agreement or approval further to any document referred to in any such requirement, the discharging authority must give notice to the undertaker of its decision on the application within a period of 8 weeks beginning with—

(a) the day immediately following that on which the application is received by the discharging authority; or

(b) where further information is requested under paragraph 23, the day immediately following that on which the further information has been supplied by the undertaker,

or such longer period as may be agreed in writing by the undertaker and the discharging authority.

(2) In determining any application made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, the discharging authority may—

(a) give or refuse its consent, agreement or approval; or

(b) give its consent, agreement or approval subject to reasonable conditions,

and where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision.

(3) In the event that the discharging authority does not determine an application in relation to any of Work Nos. 4 to 13 inclusive and any ancillary works associated with those onshore works within the period set out in sub-paragraph (1), the discharging authority is deemed to have granted all parts of the application (without any condition or qualification) at the end of that period unless otherwise agreed in writing.

(4) An application under sub-paragraph (3) must include a statement informing the discharging authority—

(a) of the period mentioned in paragraph (1); and

(b) that if they do not respond before the end of that period, consent will be deemed to have been granted.

Further information regarding requirements

23.—(1) In relation to any application referred to in paragraph 22, the discharging authority may request such further information from the undertaker as it considers necessary to enable it to consider the application.

(2) If the discharging authority considers that further information is necessary, the discharging authority must, within 24 business days of receipt of the application, notify the undertaker in writing specifying the further information required or must do so within any longer period as may be agreed in writing between the undertaker and the discharging authority.

(3) If the discharging authority does not give the notification within the period specified in subparagraph (2) it is deemed to have sufficient information to consider the application and is not entitled to request further information without the prior agreement of the undertaker.

Appeals

24.—(1) The undertaker may appeal to the Secretary of State in the event that—

(a) the discharging authority refuses an application for any consent, agreement or approval required by—

(i) a requirement in Part 1 of this Schedule; or

(ii) a document referred to in any requirement contained in Part 1 of this Schedule,

or grants it subject to conditions to which the undertaker objects;

(b) on receipt of a request for further information pursuant to paragraph 23 of this Part of this Schedule, the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

(c) on receipt of any further information requested, the discharging authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

(2) The appeal process is as follows—

(a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 22(1), giving rise to the appeal referred to in sub- paragraph (1);

(b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the discharging authority;

(c) as soon as is practicable but not later than 21 days after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal (“the adjudicator”) and must notify the appeal parties of the identity of the adjudicator and the address to which all correspondence for the attention of the adjudicator must be sent;

(d) the appointed adjudicator must specify a start date no later than 21 days following the appointment subject to any extension as may be agreed by the parties;

(e) the discharging authority must submit their written representations together with any other representations to the adjudicator in respect of the appeal within 10 business days of the start date specified by the adjudicator and must ensure that copies of their written representations and any other representations as sent to the adjudicator are sent to the undertaker on the day on which they are submitted to the adjudicator;

(f) the appeal parties must make any counter-submissions to the adjudicator within 10 business days of receipt of written representations pursuant to sub-paragraph (e) above; and

(g) the adjudicator must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable but no later than 21 days after the end of the 10 business day period for counter-submissions under sub-paragraph (f).

(3) The appointment of the adjudicator pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

(4) If the adjudicator considers that further information is necessary to enable the adjudicator to consider the appeal the adjudicator must, as soon as practicable, notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

(5) Any further information required pursuant to sub-paragraph (4) must be provided by the party from whom the information is sought to the adjudicator and to the other appeal parties by the date specified by the adjudicator. The adjudicator must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the adjudicator within 10 business days of the date specified by the adjudicator but must otherwise be in accordance with the process and time limits set out in sub-paragraphs (2)(c)-(g).

(6) On an appeal under this paragraph, the adjudicator may—

(a) allow or dismiss the appeal; or

(b) reverse or vary any part of the decision of the discharging authority (whether the appeal related to that of it or not),

and may deal with the application as if it had been made to the adjudicator in the first instance.

(7) The adjudicator may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in the sole discretion of the adjudicator such written representations as have been sent outside of the relevant time limits.

(8) The adjudicator may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the adjudicator that there is sufficient material to enable a decision to be made on the merits of the case.

(9) The decision of the adjudicator on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for a judicial review.

(10) If an approval is given by the adjudicator pursuant to this Part of this Schedule, it is deemed to be an approval for the purpose of Part 1 of this Schedule as if it had been given by the discharging authority.

(11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the adjudicator to be paid by the discharging authority, the reasonable costs of the adjudicator are to be met by the undertaker.

(12) On application by the discharging authority or the undertaker, the adjudicator may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the adjudicator must have regard to relevant guidance on the Planning Practice Guidance website or any official circular or guidance which may replace it.

Anticipatory steps towards compliance with any requirement

25.  If before this Order came into force the undertaker or any other person took any steps that were intended to be steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

(1)

1971 c. 80.