The Immingham Open Cycle Gas Turbine (Amendment) (No. 3) Order 2025
This order amends the Immingham Open Cycle Gas Turbine Order 2020 to incorporate non-material changes.
The Secretary of State approved the changes following an application under the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011.
Key amendments include modifications to definitions of ‘book of reference’ and ‘Order land,’ alterations to compulsory land acquisition provisions, and revisions to schedules detailing land rights and certified documents.
These changes aim for greater clarity and efficiency in the project’s implementation.
Arguments For
Efficiency and Streamlining: The amendments may streamline the land acquisition process and clarify documentation requirements, leading to greater efficiency in the project's implementation.
Addressing Gaps and Inconsistencies: The changes might address inconsistencies or gaps in the original order, improving clarity and reducing potential for disputes.
Legal Compliance: The amendments ensure ongoing legal compliance with the Planning Act 2008 and associated regulations.
Alignment with Project Needs: The changes reflect the actual operational needs of the project, adapting to unforeseen circumstances or revised plans following consultation and assessment.
Arguments Against
Unforeseen Consequences: Though deemed 'non-material,' the changes could have unforeseen negative consequences on affected parties or the environment that weren't fully assessed.
Lack of Transparency: The process of amendment might lack sufficient transparency for affected parties, leading to concerns about fairness and equity.
Cumulative Impact: Minor changes, although individually deemed immaterial, could have a cumulative effect that alters the project's original intent and impact.
Resource Expenditures: Amending the order involves resource expenditure that could have been avoided if the original order had been more comprehensive.
An application has been made, under paragraph 2 of Schedule 6 of the Planning Act 20081, to the Secretary of State in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 20112 for a non-material change to the Immingham Open Cycle Gas Turbine Order 20203.The Secretary of State, having considered the application, the responses to the publicity and consultation required by regulations 6 and 7 of the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011, has decided to make the changes on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.Accordingly, the Secretary of State, in exercise of the powers in paragraphs 2(1) and (9) of Schedule 6 to the Planning Act 2008, makes the following Order—
An application was submitted to the Secretary of State to make non-material changes to the Immingham Open Cycle Gas Turbine Order 2020.
This was done under the Planning Act 2008 and relevant regulations.
After reviewing the application and public consultation responses, the Secretary of State approved the changes, deeming them non-material to the original plan.
This Order may be cited as the Immingham Open Cycle Gas Turbine (Amendment) (No. 3) Order 2025 and comes into force on 23rd May 2025.
This order is officially titled the Immingham Open Cycle Gas Turbine (Amendment) (No. 3) Order 2025 and takes effect on May 23, 2025.
The Immingham Open Cycle Gas Turbine Order 2020 is amended in accordance with this Order.
The Immingham Open Cycle Gas Turbine Order 2020 is updated with the changes outlined in this order.
In article 2 (interpretation) of Part 1 (preliminary) replace ““book of reference” means the document of that description set out in Schedule 11 (documents to be certified) certified by the Secretary of State as the book of reference under article 39 for the purposes of this Order;” with ““book of reference” means the document of that description set out in Schedule 11 (documents and plans to be certified) certified by the Secretary of State as the book of reference under article 39 for the purposes of this Order and the document which is certified by the Secretary of State as the supplemental book of reference under article 39 for the purposes of this Order;”
The definition of 'book of reference' in the original order is updated.
The amended definition now includes both the original book of reference and a newly introduced supplemental book of reference.
In article 2 (interpretation) of Part 1 (preliminary) replace ““Order land” means the land which is required for, or is required to facilitate, or is incidental to, or is affected by, the authorised development shown coloured pink, blue and yellow on the land plans and described in the book of reference;” with ““Order land” means the land which is required for, or is required to facilitate, or is incidental to, or is affected by, the authorised development shown coloured pink, blue, yellow and orange on the land plans and described in the book of reference;”
The definition of 'Order land' is expanded to include land colored orange on the land plans, in addition to the existing pink, blue, and yellow areas.
In article 2 (interpretation) of Part 1 (preliminary) before ““traffic authority” insert ““supplemental land” means the land which is required for, or is required to facilitate, or is incidental to, or is affected by, the authorised development shown coloured orange on the land plans and described in the book of reference;”
A new definition for "supplemental land" is added to article 2, defining it as land colored orange on the land plans and described in the book of reference.
In Part 5 (powers of acquisition), article 18 (compulsory acquisition of land) omit sub-paragraph (1) and replace with— “(1) Subject to sub-paragraph (3), the undertaker may acquire compulsorily so much of the Order land as is required for the authorised development, or to facilitate it, or as is incidental to it.”
Article 18, Sub-paragraph (1), concerning compulsory land acquisition, is replaced.
The new sub-paragraph clarifies that the undertaker can compulsorily acquire Order land needed for authorised development.
Subsequent sub-paragraphs will provide further restrictions.
In Part 5 (powers of acquisition), article 18 (compulsorily acquisition of land) insert a new sub-paragraph (3) as follows— “(3) The undertaker may not compulsorily acquire any interest in or take temporary possession pursuant to articles 18, 19, 21, 22, 26, 27, and 28 of any part of the supplemental land.”
A new sub-paragraph (3) is added to article 18.
It prohibits compulsory acquisition or temporary possession of any supplemental land under the specified articles.
In Schedule 6 (land in which only new rights etc. may be acquired) Table 6 is omitted and replaced with the following— “Table 6 [Table with Plot numbers and Class of rights listed in Table 5 applicable to the plot]
Table 6 in Schedule 6 is replaced entirely with a new table.
The new table details specific land plots (numbered 2, 6, 7, etc.) and the class of rights applicable to each plot.
The table's content is omitted here for brevity.
In Schedule 11 (documents and plans to be certified) Table 8 is omitted and replaced with the following— “Table 8 [Table listing documents, references, revision numbers, and dates]
Schedule 11, Table 8 specifying certified documents, is replaced.
The new table lists documents (access and rights of way plans, book of reference, etc.), their references , revision numbers and dates.
The table's content is omitted here for brevity.
Signed by authority of the Secretary of State for Energy Security and Net Zero John Wheadon Head of Energy Infrastructure Planning Delivery Department for Energy Security and Net Zero 22nd May 2025
The order is signed by John Wheadon, Head of Energy Infrastructure Planning Delivery at the Department for Energy Security and Net Zero, on May 22, 2025, on behalf of the Secretary of State.
This Order amends the Immingham Open Cycle Gas Turbine Order 2020, a development consent order made under the Planning Act 2008, following an application made in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 for a non-material change under paragraph 2 of Schedule 6 to the Planning Act 2008.
This explanatory note clarifies that the order amends an existing development consent order (Immingham Open Cycle Gas Turbine Order 2020) as a result of an application for minor changes under relevant legislation.