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

PART 1 GENERAL

Interpretation

1.—(1) In this Schedule—

“the 2008 Act” means the Planning Act 2008;

“the 2009 Act” means the Marine and Coastal Access Act;

“2021 sediment sampling plan” means—

(a)

the plan approved by the MMO on 24 September 2021, which details—

(i)

a detailed dredging methodology;

(ii)

dredge locations;

(iii)

dredge amounts (total and annual, if applicable);

(iv)

dredge depths;

(v)

duration of dredging activities;

(vi)

whether the dredge is a capital dredging activity or a maintenance dredging activity; and

(vii)

specific gravity of the material or material type; and

(b)

any further sediment sampling analyses which may be approved by the MMO in accordance with condition 18(2) prior to the expiry of the 2021 sediment sampling plan;

“alluvial materials” means dredged unconsolidated material of alluvial origin;

“the authorised development” means the construction, operation and maintenance of a Roll on Roll off facility on the River Humber as described in Schedule 1 to this Order and has the meaning given in paragraph 3(2);

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

“business hours” means the period from 09:00 until 17:00 on any business day;

“capital dredge” means the dredging to a depth not previously dredged, or to a depth not dredged within the last 10 years and is generally undertaken to create or deepen navigational channels, berths or to remove material deemed unsuitable for the foundation of a construction project and “capital dredging” shall be construed accordingly;

“Chart Datum” means 3.9 m below ordinance datum (Newlyn), corresponding with a depth of 7.6m of the outer sill of the Port of Immingham;

“cold weather construction restriction strategy” means the strategy of that description referred to in condition 8 of Part 2 of this Schedule 3;

“commence” means beginning to carry out any part of a licensed activity and “commenced” and “commencement” are to be construed accordingly;

“condition” means a condition in Part 2 and Part 3 of this licence and references in this licence to numbered conditions are to the conditions with those numbers in Part 2;

“the environmental statement” means the document of that description certified under article 33 (certification of plans and documents etc.) of the Order, certified by the Secretary of State as the environmental statement for the purposes of the Order;

“existing marine licence” means licence L/2014/00429 or any subsequent equivalent successor licence as may be granted that permits the disposal of dredged arising from the Port of Immingham;

“future sediment sampling plan” means—

(a)

any further sediment sampling plan approved by the MMO in accordance with condition 18(2) which details—

(i)

a detailed dredging methodology;

(ii)

dredge locations;

(iii)

dredge amounts (total and annual, if applicable);

(iv)

dredge depths;

(v)

duration of dredging activities;

(vi)

whether the dredge is a capital dredging activity or a maintenance dredging activity; and

(vii)

specific gravity of the material or material type;

“glacial clay” means consolidated dredged materials laid down during the last glaciation;

“high water” means daily high tides in every lunar day;

“HU056” means the area bounded by co-ordinates (53°39.3000’N, 00°10.4898’W), (53°39.0499’N, 00°10.4700’W), (53°38.8201’N, 00°09.4398’W), (53°39.3000’N, 00°10.4898’W);

“HU060” means the area bounded by co-ordinates—

(53°38.7439’N, 00°10.4434’W), (53°38.7499’N, 00°10.4536’W), (53°38.7575’N, 00°10.4677’W), (53°38.7648’N, 00°10.4823’W), (53°38.7718’N, 00°10.4974’W), (53°38.7784’N, 00°10.5128’W), (53°38.7847’N, 00°10.5287’W), (53°38.7906’N, 00°10.5450’W), (53°38.7962’N, 00°10.5617’W), (53°38.8013’N, 00°10.5787’W), (53°38.8061’N, 00°10.5960’W), (53°38.8105’N, 00°10.6136’W), (53°38.8145’N, 00°10.6315’W), (53°38.8181’N, 00°10.6496’W), (53°38.8213’N, 00°10.6679’W), (53°38.8240’N, 00°10.6864’W), (53°38.8264’N, 00°10.7051’W), (53°38.8283’N, 00°10.7239’W), (53°38.8298’N, 00°10.7428’W), (53°38.8309’N, 00°10.7618’W), (53°38.8315’N, 00°10.7809’W), (53°38.8317’N, 00°10.8000’W), (53°38.8315’N, 00°10.8191’W), (53°38.8309’N, 00°10.8382’W), (53°38.8298’N, 00°10.8572’W), (53°38.8283’N, 00°10.8761’W), (53°38.8264’N, 00°10.8949’W), (53°38.8240’N, 00°10.9136’W), (53°38.8213’N, 00°10.9321’W), (53°38.8181’N, 00°10.9504’W), (53°38.8145’N, 00°10.9685’W), (53°38.8105’N, 00°10.9864’W), (53°38.8061’N, 00°11.0040’W), (53°38.8013’N, 00°11.0213’W), (53°38.7962’N, 00°11.0383’W), (53°38.7906’N, 00°11.0550’W), (53°38.7847’N, 00°11.0713’W), (53°38.7784’N, 00°11.0872’W), (53°38.7718’N, 00°11.1026’W), (53°38.7648’N, 00°11.1177’W), (53°38.7575’N, 00°11.1323’W), (53°38.7499’N, 00°11.1464’W), (53°38.7439’N, 00°11.1567’W), (53°38.7438’N, 00°11.1564’W), (53°38.5320’N, 00°10.8000’W), (53°38.7438’N, 00°10.4436’W), (53°38.7439’N, 00°10.4434’W)

“intertidal mudflat” means exposed mud between mean high water springs and mean low water springs;

“licensable activity” means an activity licensable under section 66 of the 2009 Act;

“licensed activity” means any activity authorised in paragraph 3 of this Schedule;

“local planning authority” means North East Lincolnshire Council;

“maintenance dredge” means a dredge undertaken to keep channels, berths and other areas at their designed depths, involving removing recently accumulated sediments such as mud, sand and gravel to a level that is not lower than it has been at any time during the past 10 years;

“marine piles” means piles that will be in a free water condition during construction;

“marine written scheme of investigation” means the marine archaeological written scheme of investigation contained in appendix 15.3 to the environmental statement;

“MCMS” means the Marine Case Management System provided by the MMO;

“mean high water springs” means the average of high water heights occurring at the time of spring tides;

“mean low water springs” means the average of low water heights occurring at the time of spring tides;

“the MMO” means the Marine Management Organisation;

“named vessel” means a vessel whose name and type has been notified to the MMO in writing;

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

“Notice to Mariners” means any notice to mariners which may be issued by the Admiralty, Trinity House, the Statutory Conservancy and Navigation Authority, government departments or harbour and pilotage authorities advising mariners of important matters affecting navigational safety;

“outline offshore construction environmental management plan” means the document of that description certified under article 33 (certification of plans and documents etc.) of the Order, certified by the Secretary of State as the outline offshore construction environmental management plan for the purposes of the Order;

“the Order” means the Associated British Ports (Immingham Eastern Ro-Ro Terminal) Order 20[ ]; and

“percussive piles” means driven piles but excludes the handling, placing and vibro-driving of piles;

“percussive piling” for the purposes of this licence means the driving of piles by percussive means but does not include the handling, placing or vibro-piling of piles;

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

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

“sea bed” means the ground under the sea;

“undertaker” means Associated British Ports (“ABP”) company number ZC000195 registered at 25 Bedford Street, London, WC2E 9ES and any agent, contractor or sub-contractor acting on its behalf; and

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

(2) Unless otherwise specified, all geographical co-ordinates given in this Schedule are in latitude and longitude degrees and minutes to four decimal places.

(3) Tonnages of dredged materials are expressed in wet tonnes.

Contacts

2.—(1) Unless otherwise advised in writing by the MMO, the address for postal correspondence with the MMO for the purposes of this licence is the Marine Management Organisation, Marine Licensing Team, Lancaster House, Hampshire Court, Newcastle upon Tyne NE4 7YH, telephone [phone] and, unless otherwise advised in writing, where contact to the local MMO office (local office) is required, the following contact details must be used: Marine Management Organisation, The MMO District Office – Crosskill House, Mill Lane, Beverley, HU17 9JB, telephone [phone], Email – [e-mail].

(2) Unless otherwise advised in writing by the MMO, the address for electronic communication with the MMO for the purposes of this licence is [e-mail] or where contact to the local MMO office is required is [e-mail].

(3) Unless otherwise advised in writing by the MMO, MCMS must be used for all licence returns or applications to vary this licence. The MCMS address is: https://marinelicensing.marinemanagement.org.uk/mmofox5/fox/live/MMO_LOGIN/login.

(4) Unless otherwise stated in writing by the MMO, all notifications required by this licence must be sent by the undertaker to the MMO using MCMS.

Licensed marine activities

3.—(1) Subject to the licence conditions in Part 2, this licence authorises the undertaker to carry out licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act which—

(a) form part of, or are related to, the authorised development; and

(b) are not exempt from requiring a marine licence by virtue of any provision made under section 74 (exemption specified by order) of the 2009 Act.

(2) For the purposes of this licence “the authorised development” means the construction operation and maintenance of a Roll on Roll off facility on the River Humber—

(a) comprising—

(i) an open piled approach jetty with abutments carrying on its surface a roadway, a footway, utilities, lighting and environmental screens, rising from ground level to cross over existing landside infrastructure and then extending from the shore in a north easterly direction (Work No.1);

(ii) a single linkspan bridge carrying on its surface a roadway and footway together with lighting and utilities, extending from the approach jetty to the innermost floating pontoon (Work No.1);

(iii) two floating pontoons connected by a linkspan, each with lighting, power, cable management system, utilities and a small crew shelter, secured in position by restraint dolphins, each located about a finger pier to accommodate the loading and unloading ramps of berthed ro-ro vessels (Work No.1);

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

(aa) the northern finger pier to be constructed with berthing faces on both its northern and southern elevations equipped with mooring infrastructure (Work No.1);

(bb) the southern finger pier to be constructed with a berthing face only on its northern elevation equipped with mooring infrastructure (Work No.1);

(v) piling works and construction operations within the River Humber (Work No.1);

(vi) related capital dredging works within the River Humber for the above and the disposal of any arisings from such dredgings (Work No.2);

(vii) the construction of—

(aa) a vessel impact protection barrier formed of a single row of tubular piles with a reinforced concrete capping beam, the outer facing elevation of the beam may be equipped with fendering units and panels (Work No.3(a)); and

(bb) a piled dolphin structure with a capping slab, with piles installed at each corner of the dolphin structure equipped with donut roller fenders (Work No.3(b)); and

(viii) the continued use of two existing surface water outfalls;

(b) activities which will include works to—

(i) clean, refurbish, re-construct, strengthen or maintain any work or structure; and

(ii) place and maintain works and structures including jetty furniture, fenders and impact protection; and

(c) such other incidental works as may be necessary or convenient for the purposes of, or in connection with or in consequence of, the construction, maintenance, operation or use of the authorised development, including works for the accommodation or convenience of vessels (including but not limited to berthing and mooring facilities, ladders, buoys, bollards, dolphins and fenders) and lighting.

Licence to dredge and deposit

4.—(1) Capital dredge – Subject to paragraph 5, the undertaker is permitted to undertake a capital dredge to a depth of -9 metres Chart Datum (with an allowance for the tolerances of the dredging equipment) of the berth pocket the grid coordinates for which are specified in paragraph 5(2) .

(2) The materials must be dredged in the approximate quantities and deposited at the locations according to the following table—

Material	Volume (m3)	Specific gravity	Maximum tonnage (wet tonnes)	Disposal site
Alluvial materials	150,000	1.35	202,500	HU060
Glacial clay	40,000	2.26	90,400	HU056

(3) Maintenance dredge – the undertaker is permitted to carry out maintenance dredging within the statutory harbour authority area of the Port of Immingham for the purposes of maintaining the authorised development under section 75 of the 2009 Act in accordance with the existing marine licence.

(4) Deposit of dredged arisings—

(a) The capital dredge will create arisings of glacial clay and alluvial materials which must be deposited at deposit grounds HU056 and HU060;

(b) The maintenance dredge will create arisings of alluvial materials which must be deposited at the licenced deposit ground HU060 in accordance with the existing marine licence.

Details of licensed marine activities

5.—(1) The grid coordinates within the UK Marine Area within which the undertaker may carry out a licensed activity (save for the capital dredge and disposal) are specified below—

Point reference	Latitude	Longitude
1	53.62711082	-0.179454009
2	53.62748148	-0.179008789
3	53.63004695	-0.178898384
4	53.63198621	-0.176987837
5	53.62889877	-0.168536653
6	53.62874293	-0.168641588
7	53.62841556	-0.167318049
8	53.62814789	-0.166235931
9	53.62796289	-0.166266125
10	53.62773154	-0.166760098
11	53.62716945	-0.168370825
12	53.62528877	-0.1723239
13	53.62449396	-0.17508587
14	53.62512213	-0.1750807
15	53.62520845	-0.175123251
16	53.625269	-0.175226494

(2) No capital dredging may be carried out by the undertaker other than within the area within the grid coordinates for the area of the River Humber specified below and more particularly identified as the berthing pocket under Work No. 2 on sheets 1 and 2 of the works plans—

Point of reference	Latitude	Longitude
17	53.626229	-0.17082
18	53.629182	-0.178936
3	53.630047	-0.178898
19	53.631567	-0.1774
20	53.628371	-0.168614