The South Humber Bank Energy Centre (Correction) Order 2022

Statutory Instruments

2022 No. 421

Infrastructure Planning

The South Humber Bank Energy Centre (Correction) Order 2022

Made

4th April 2022

Coming into force

5th April 2022

The South Humber Bank Energy Centre Order 2021 (“the Order”)(1), which granted development consent within the meaning of the Planning Act 2008 (“the Act”)(2), contains correctable errors within the meaning of the Act(3).

In accordance with paragraph 1(5)(a) of Schedule 4 to the Act, 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), for the correction of errors and omissions in the Order.

In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State has informed North East Lincolnshire Council as the relevant planning authority(5), that the request has been received.

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

Citation and commencement

1.—(1) This Order may be cited as the South Humber Bank Energy Centre (Correction) Order 2022.

(2) This Order comes into force on 5th April 2022.

Corrections

2.  The South Humber Bank Energy Centre Order 2021 is corrected as set out in the table in the Schedule to this Order, in which—

(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 Business, Energy and Industrial Strategy

Gareth Leigh

Head of Energy Infrastructure Planning

Department for Business, Energy and Industrial Strategy

4th April 2022

Article 2

SCHEDULE CORRECTIONS

Column (1) Where the correction is to be made	Column (2) How correction is to be made	Column (3) The text to be substituted, inserted or omitted
Article 5(8)	For “do” substitute	“does”
Article 28(1)(b)	For “such period that has been agreed by undertaker and the relevant planning authority;” substitute	“eight weeks after the application has been made to the relevant planning authority or such other period that has been agreed by the undertaker and the relevant planning authority;”
Article 28(5)	For “the undertaker to the appointed person, the relevant planning authority and any consultee required to be consulted pursuant to the requirement the subject of the appeal” substitute	“the appeal party from whom the further information was requested to the appointed person and the other appeal parties”
Schedule 1, description of Work No. 1	After “capacity to process” insert	“up to”
Schedule 2, Requirement 19(6)	For “sub-paragraphs 1 and 4” substitute	“sub-paragraphs (1) and (4)”
Schedule 2, Requirement 34(2)	After “having first consulted with those persons” insert	“or having been provided with satisfactory evidence that the undertaker has consulted with those persons, as applicable”
Schedule 8, paragraph 42, definition of “railway property”, sub-paragraph (b)	For “railway or works” substitute	“railway, works”

EXPLANATORY NOTE

(This note is not part of the Order)

This Order corrects errors and omissions in the South Humber Bank Energy Centre Order 2021 (S.I. 2021/1259), 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.

(1)

S.I. 2021/1259.

(2)

2008 c. 29. Paragraph 1 of Schedule 4 was amended by paragraph 70 of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011 (c. 20) and by paragraph 4 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23). There are other amendments to the Act which are not relevant to this Order.

(3)

As provided for in paragraph 1(3) of Schedule 4 to the Act.

(4)

As defined in paragraph 4 of Schedule 4 to the Act.

(5)

As defined in paragraph 4 of Schedule 4 to the Act.