The Associated British Ports (Immingham Green Energy Terminal) (Corrections) Order 2025
This order corrects errors found in the Associated British Ports (Immingham Green Energy Terminal) Order 2025, a development consent order under the Planning Act 2008.
The Secretary of State received a request to correct the errors, which were then detailed in a schedule to amend the existing document.
The order itself is cited with an effective date and includes a signature from the relevant authority.
The corrections address issues in several articles and schedules of the 2025 order, primarily related to textual inconsistencies and numbering errors within the original order.
Arguments For
Intended benefits: Correcting errors in the original order ensures the accuracy and legal validity of the development consent, preventing potential future disputes or challenges. It maintains the integrity of the planning process and avoids delays or complications in the project's implementation.
Evidence cited: The original order contained correctable errors as defined by the Planning Act 2008, necessitating correction to comply with the law. The request for correction followed established procedural requirements under Schedule 4 of the Act.
Implementation methods: The correction process involved receiving a written request and notifying the relevant local planning authority, as detailed in the Act. The corrections are clearly specified in a schedule annexed to the Order.
Legal/historical basis: The legal basis for this correcting order is section 119 and Schedule 4 of the Planning Act 2008, which provides mechanisms for correcting errors in development consent orders.
Arguments Against
Potential impacts: While necessary to ensure legal compliance, the correction process involves administrative effort and may cause minor delays. The specific nature of the errors corrected is minimal and might not cause substantive changes to the project.
Implementation challenges: No specific implementation challenges are apparent, as the corrective actions are straightforward and clearly defined.
Alternative approaches: Ignoring the errors is not a valid approach as this would violate existing legislation (Planning Act 2008) and possibly lead to legal challenges. A court challenge to the initial errors could generate significantly larger difficulties.
Unintended effects: It is unlikely this correction will have any significant unintended effects, other than ensuring the legal adherence to the process.
The Associated British Ports (Immingham Green Energy Terminal) Order 2025 (“the 2025 Order”)1, which granted development consent within the meaning of the Planning Act 2008 (“the Act”)2, contained correctable errors within the meaning of the Act3. 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 applicant4 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.
The 2025 Order, granting development consent under the Planning Act 2008, had errors.
The Secretary of State received a request to correct them.
This request followed procedure outlined within paragraph 1(6)(a) of Schedule 4 and was notified to the local planning authority in accordance with section 1(7).
Under the powers of Section 119 and Schedule 4 of the Act, the Secretary of State subsequently created a new order to correct the errors.
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.
This order is officially titled the Associated British Ports (Immingham Green Energy Terminal) (Corrections) Order 2025 and will be in effect starting July 2nd, 2025.
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.
The original 2025 Order is amended according to the table in the schedule.
The table has three columns: the location of the correction, the method of correction (substitution, insertion, or omission), and the corrected text.
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
This section authenticates the order with the signature of Kayla Marks, Head of the Transport and Works Act Orders Unit at the Department for Transport, on June 30th, 2025.
SCHEDULE Correctable Errors Article 2 [Table detailing the corrections to be made]
This schedule lists the specific corrections to the original 2025 Order.
It provides details on where the changes are needed, how those changes should be made, and the replacement text for each change.
The table details which sections of the 2025 order are amended, and how.
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), 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.
This explanatory note clarifies the purpose of the order: to correct errors and omissions in the Associated British Ports (Immingham Green Energy Terminal) Order 2025 based on a written request under the Planning Act 2008.