This Order may be cited as the Net Zero Teesside (Amendment) Order 2025 and comes into force on 29th October 2025.
The Net Zero Teesside (Amendment) Order 2025
Published: Tue 4th Nov 25
The Secretary of State has used powers under the Planning Act 2008 to implement a non-material change to the Net Zero Teesside Order 2024, formalised by this Order taking effect on October 29th, 2025.
This amendment updates definitions within the Order, specifically introducing and refining terms like 'book of reference,' 'Order land,' and introducing 'supplemental land.' Key changes involve adding 'Work No. 6A' (above-ground installations) to the authorised development, restricting the undertaker's powers to survey or compulsorily acquire interests in the new 'supplemental land,' and updating several schedules related to certified documents, protective provisions, and land plans.
Arguments For
The process formally enacts administrative or minor technical adjustments deemed necessary for the project following the initial Development Consent Order (DCO).
Updates to definitions, such as 'book of reference' and 'Order land', clarify the scope and necessary documentation for the project's ongoing management and execution.
Introducing the concept of 'supplemental land' and explicitly limiting compulsory acquisition powers over it ensures that the project's scope or property rights implications are legally constrained as intended by the non-material change application.
Incorporating new elements into the authorised development (Work No. 6A) and updating schedule references allows for necessary minor engineering additions without requiring a full re-examination of the entire DCO.
Arguments Against
The reliance on 'non-material change' applications can obscure relatively significant local land-use changes, like adding new pipeline components (Work No. 6A) or land parcels, from the full scrutiny of a major planning application process.
Amendments to interpretation clauses fundamentally alter how key terms like 'Order land' are understood and applied across the original Order, potentially affecting landowners not immediately aware of the definitional changes.
Though the changes themselves are deemed non-material, they still result in the updating of several key certified documents (like revised land plans and books of reference), adding administrative complexity and potential for confusion regarding which versions apply at any given time.
The provisions restricting compulsory acquisition powers over 'supplemental land' might be seen as an administrative workaround to legally define certain parcels while simultaneously restricting key statutory powers over them, which could complicate future necessary works.
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 (“the 2011 Regulations”) for a non-material change to the Net Zero Teesside Order 20243.
The Secretary of State, having considered the application and the responses to the publicity and consultation required by regulations 6 and 7 of the 2011 Regulations, 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.
The document initiates because an application was submitted to the Secretary of State seeking a non-material change to the Net Zero Teesside Order 2024.
This application followed procedures outlined in the Planning Act 2008 and the 2011 Regulations.
The Secretary of State reviewed the application and public consultation responses, determining that the proposed changes were indeed not materially different from those requested.
Consequently, the Secretary of State formally issues this Order using powers granted under Schedule 6 of the Planning Act 2008.
Citation and commencement
1.
This section names the legal instrument as the Net Zero Teesside (Amendment) Order 2025.
It specifies that the adjustments detailed within this Order become legally effective beginning on October 29th, 2025.
Amendment to the Net Zero Teesside Order 2024
2.
The Net Zero Teesside Order 2024 is amended in accordance with this Order.
This article establishes that the primary purpose of this new Order is to make specific amendments to the original Net Zero Teesside Order 2024.
Amendments to Part 1 (preliminary), article 2 (interpretation)
3.
In article 2 (interpretation) of Part 1 (preliminary) omit the existing definition of “book of reference” and replace with ““book of reference” means the documents of that description which are certified by the Secretary of State as the book of reference and the supplemental book of reference under article 45 for the purposes of this Order;”
.
Article 3 modifies Article 2 of Part 1 of the principal Order, which covers preliminary matters and interpretation.
It removes the previous definition of "book of reference." The new definition clarifies that the term now encompasses both the original book of reference and a 'supplemental book of reference,' both certified by the Secretary of State under Article 45.
4.
In article 2 (interpretation) of Part 1 (preliminary) for ““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 edged red on the land plans and described in the book of reference;” substitute ““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 edged red on the land plans and shown shaded orange on the land plans and described in the book of reference;”
.
Article 4 revises the definition of "Order land" within Article 2.
The change visually expands the scope of 'Order land' to include areas of land shown both 'edged red' and 'shown shaded orange' on the land plans, in addition to the existing criteria which refer to land edged red and described in the book of reference.
5.
In article 2 (interpretation) of Part 1 (preliminary) before ““Teesworks Limited” 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 shaded orange on the land plans and described in the book of reference;”
.
Article 5 inserts a new definition for 'supplemental land' into Article 2 of Part 1.
This new term specifically identifies land that is required for, related to, or affected by the authorised development, which is both shaded orange on the land plans and described in the book of reference.
This new category is inserted before the definition for 'Teesworks Limited'.
Amendment to Part 4 (supplemental powers)
6.
In Part 4 (supplemental powers), article 20 (authority to survey and investigate the land) after paragraph (6) insert—
(7)
The undertaker may not rely upon any powers under this article 20 in respect of the supplemental land.”.
Article 6 amends Part 4, which covers supplemental powers, specifically targeting Article 20 concerning the authority to survey and investigate land.
A new paragraph (7) is inserted following paragraph (6).
This provision explicitly forbids the undertaker from using the powers granted under Article 20 to survey or investigate land designated as 'supplemental land'.
Amendments to Part 5 (powers of acquisition)
7.
In Part 5 (powers of acquisition), before article 22 insert—
“Supplemental land
21A. — The undertaker may not compulsorily acquire any interest in or rights over or take temporary possession of any part of the supplemental land pursuant to articles 22, 25, 30, 31, 32 and 33.”.
Article 7 introduces a new article, 21A, before Article 22 within Part 5 concerning powers of acquisition.
Titled 'Supplemental land,' this new article establishes a clear restriction: the undertaker cannot use compulsory acquisition powers, take temporary possession, or acquire rights over any 'supplemental land' under the authority of Articles 22, 25, 30, 31, 32, and 33.
8.
In Part 5 (powers of acquisition), article 22 (compulsory acquisition of land), paragraph (1) for “The undertaker may” substitute “Subject to article 21A (supplemental land), the undertaker may”
.
Article 8 modifies Article 22, which grants power for the compulsory acquisition of land.
It qualifies the undertaker’s power by subjecting it to the provisions of the newly inserted Article 21A regarding supplemental land.
9.
In Part 5 (powers of acquisition), article 25 (compulsory acquisition of rights etc.), paragraph (1) after “subject to the following paragraphs of this article,” insert—
“and article 21A (supplemental land)”.
Article 9 amends Article 25, which governs the compulsory acquisition of rights.
Paragraph (1) of Article 25 is updated to include Article 21A (supplemental land) as an overriding condition alongside existing qualifying paragraphs within that article.
10.
In Part 5 (powers of acquisition), article 30 (rights under or over streets), paragraph (1) for “The undertaker may” substitute “Subject to article 21A (supplemental land), the undertaker may”
.
Article 10 revises Article 30 concerning the acquisition of rights under or over streets.
The introductory statement of the undertaker's power is now qualified by making it 'Subject to article 21A (supplemental land)'.
11.
In Part 5 (powers of acquisition), article 31 (Temporary use of land for carrying out the authorised development), paragraph 1 for “The undertaker may” substitute “Subject to article 21A (supplemental land), the undertaker may”
.
Article 11 amends Article 31, which addresses the temporary use of land for carrying out the authorised development.
Paragraph 1 is altered so that the undertaker's ability to use the land is now stated as being 'Subject to article 21A (supplemental land)'.
12.
In Part 5 (powers of acquisition), article 32 (Temporary use of land for maintaining the authorised development), paragraph (1) after “Subject to paragraph (2),” insert “and article 21A (supplemental land),”
.
Article 12 amends Article 32, which covers the temporary use of land for maintaining the authorised development.
Paragraph (1) is updated to include Article 21A as an additional condition alongside the existing qualification which is 'Subject to paragraph (2)'.
13.
In Part 5 (powers of acquisition), article 33 (Statutory undertakers), after “Subject to the provisions of Schedule 12 (protective provisions)” insert “and article 21A (supplementary land)”
.
Article 13 modifies Article 33, which details provisions concerning statutory undertakers.
The article is amended to state that its provisions are subject to the protective provisions in Schedule 12 AND the newly introduced Article 21A (referred to slightly differently here as 'supplementary land' but contextually meaning 'supplemental land').
Amendment to Schedule 1 (authorised development)
14.
In Schedule 1 (authorised development), before Work No. 7 insert—
“Work No. 6A – above ground installations required to facilitate Work No. 6, comprising—
(a)
above and below ground piping;
(b)
a PIG launcher;
(c)
remotely operated valves and valve bypass; and
(d)
instrumentation and electrical kiosk.”
Article 14 amends Schedule 1, which defines the authorised development, by inserting a new component designated Work No. 6A before the existing Work No. 7.
This new work comprises above-ground installations necessary to facilitate Work No. 6, specifically listing components like piping, a PIG launcher, remotely operated valves, and an instrumentation and electrical kiosk.
15.
In Schedule 1 (authorised development), Work No. 9 is amended as follows—
(a)
after paragraph (e) “Work No. 9E – Saltholme laydown;” omit “and”;
(b)
after paragraph (f) “Work No. 9F – Haverton Hill laydown” for “.” substitute “; and”
; and
(c)
after paragraph (f) “Work No. 9F – Haverton Hill laydown; and” insert—
(g)
Work No. 9G – temporary construction laydown area.”.
Article 15 makes specific modifications to Work No. 9 within Schedule 1, which appears to relate to laydown areas.
It amends the sequencing by removing 'and' after 9E, changing the termination punctuation after 9F to allow for the addition of a new item, and then inserting Work No. 9G, defined as a 'temporary construction laydown area'.
Amendment to Schedule 2 (requirements)
16.
In Schedule 2 (requirements) paragraph 3 (detailed design) sub-paragraph (4) is amended as follows—
(a)
at the end of sub-paragraph (b) omit “and”;
(b)
at the end of sub-paragraph (c) for “.” substitute “; and”
; and
(c)
after sub-paragraph (c) insert—
(d)
the siting and external appearance of cable support structures.”
Article 16 updates Schedule 2, which contains requirements for the project, focusing on paragraph 3 regarding detailed design, specifically sub-paragraph (4).
Similar to Article 15, it restructures the list by removing 'and' after (b), changing the punctuation after (c) to include a semicolon and 'and', and then inserts a new item (d) concerning the 'siting and external appearance of cable support structures'.
Amendment to Schedule 12 (protective provisions)
17.
In Schedule 12 (protective provisions) part 18 (for the protection of Anglo American) in paragraph 230 omit the existing definition of “Shared Area 5” and substitute ““” means the land comprising plots 417, 418, 427, 432, 436, 439, 543, 545, 546, 547 and 548 on the land plans;”
.
Article 17 modifies Schedule 12, covering protective provisions, specifically Part 18 concerning Anglo American.
Paragraph 230 is changed by removing the old definition of 'Shared Area 5' and substituting it with a precise list of land plots (417, 418, 427, 432, 436, 439, 543, 545, 546, 547, and 548) that collectively constitute Shared Area 5 on the land plans.
Amendment to Schedule 14 (documents and plans to be certified)
18.
In Schedule 14 (documents and plans to be certified) Table 13 is omitted and replaced with the following—
“Table 13
(1)
Document name
(2)
Document reference
(3)
Revision number
(4)
Date
access and rights of way plans
4.5
7
January 2025
application guide
1.2
20
February 2025
book of reference
3.1
8
April 2023
supplemental book of reference
3.1b
1
January 2025
design and access statement
5.4
6
February 2025
environmental statement
Non-technical summary, 6.1
–
As listed in the application guide
Volume 1, 6.2
–
Volume 2, 6.3
–
Volume 3, 6.4
–
Non-Technical Summary of Environmental Statement Addendum, 7.7
–
Environmental Statement Addendum Volume 1, 7.8.1
–
Environmental Statement Addendum Volume II, 7.8.2
–
Non-Technical Summary of Second Environmental Statement Addendum, 7.10
–
Second Environmental Statement Addendum, Volume 1, 7.11.1
–
Second Environmental Statement Addendum, Volume II, 7.11.2
–
Non-Technical Summary of Third Environmental Statement Addendum, 7.14
–
Third Environmental Statement Addendum – Volume 1, 7.15.1
–
Third Environmental Statement Addendum Volume II, 7.15.2
–
DCO Non-Material Change Environmental Statement Addendum Volume I – Main Text (6.7a)
–
DCO Non-Material Change Environmental Statement Addendum
–
Volume II – Figures (6.7b)
–
DCO Non-Material Change Environmental Statement Non-Technical Summary
–
(6.7c)
–
framework construction environmental management plan
6.45
3
October 2022
indicative lighting strategy
5.11
1
May 2021
indicative landscape and biodiversity strategy
5.12
2
August 2022
land plans
4.2
7
January 2025
Net Zero Teesside Anglo American Shared Areas Plan
4.17
2
January 2025
parking plan
4.16.2
3
October 2022
PCC site access plan
4.16.3
2
August 2022
Sembcorp Pipeline Corridor protective provisions supporting plan
4.19
2
January 2025
Sembcorp Protection Corridor protective provisions supporting plans
4.20
2
January 2025
updated landscape and biodiversity plan
4.15
5
January 2025
water connection plan
4.16.4
2
August 2022
works plans
4.4
7
January 2025”
Article 18 replaces Table 13 in Schedule 14, which lists the documents and plans to be certified for the Order.
The new table updates several documents, including the 'book of reference' (Revision 8, April 2023) and the new 'supplemental book of reference' (Revision 1, January 2025).
It also details multiple environmental statement addenda and several plans (access, parking, landscape, Sembcorp provisions), assigning them specific revision numbers and dates, mostly set in 2025, reflecting the recent amendments.
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
This section indicates the formal execution of the Order.
It was signed by John Wheadon, acting on behalf of the Secretary of State for Energy Security and Net Zero, as the Head of Energy Infrastructure Planning Delivery.
The date of signature was October 28th, 2025.
EXPLANATORY NOTE
(This note is not part of the Order)
This Order amends the Net Zero Teesside Order 2024, 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.
The accompanying Explanatory Note confirms that the Order amends the Net Zero Teesside Order 2024, which is a Development Consent Order established under the Planning Act 2008.
The basis for this amendment is an application processed under the 2011 Regulations for a non-material change.
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