The North Killingholme (Generating Station) (Amendment) Order 2026

Published: Wed 22nd Apr 26

This Order, made under the Planning Act 2008, formally amends the North Killingholme (Generating Station) Order 2014 following a successful application for non-material changes concerning infrastructure planning.

The key revisions include updating the definition of works plans to incorporate a specific July 2025 works plan and a July 2025 feasibility study related to carbon capture readiness, increasing the authorized generating capacity from 470 MWe to 550 MWe, making minor adjustments to the list of authorized works (adding an auxiliary boiler and stack), and substantially revising the prescribed building heights for various components of the generating station, including introducing a new maximum height of 140 metres for the flare stack.

Arguments For

The amendment clarifies and updates technical specifications for an existing consented generating station project, ensuring compliance with current regulatory requirements like carbon capture readiness.
Introducing specific documentation (works plan dated July 2025, feasibility study) officially integrates necessary supplementary details into the development consent order (DCO), providing necessary legal clarity on project components.
Increasing the maximum generating capacity from 470 MWe to 550 MWe potentially enhances the energy output capability of the facility, which may support national energy security goals.

Arguments Against

Any alteration to a major infrastructure DCO, even if termed 'non-material,' requires scrutiny regarding potential cumulative local environmental or amenity impacts that were previously assessed.
Changes to building heights and the introduction of new structures, such as an auxiliary boiler and stack, might alter the visual impact of the station in the local landscape.
Modifying definitions related to carbon capture readiness could potentially postpone or alter the definitive implementation of CCS technology, creating uncertainty about the project's long-term carbon emissions profile.

2026 No. 445

INFRASTRUCTURE PLANNING

The North Killingholme (Generating Station) (Amendment) Order 2026

| Made - - - | 2nd April 2026 | |-------------------|------------------| | Coming into force | 3rd April 2026 |

This section identifies the statutory instrument as Order No. 445 of 2026, falling under the subject of Infrastructure Planning.

It formally names the legislation as The North Killingholme (Generating Station) (Amendment) Order 2026 and provides the dates it was made (April 2nd, 2026) and when it legally comes into effect (April 3rd, 2026).

An application has been made, under paragraph 2 of Schedule 6 to the Planning Act 2008( a ), to the Secretary of State in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011( b ) ('the 2011 Regulations') for non-material changes to the North Killingholme (Generating Station) Order 2014( c ).

A request was submitted to the Secretary of State seeking minor, non-material alterations to the existing North Killingholme (Generating Station) Order 2014.

This application followed procedures outlined in the Planning Act 2008 and the 2011 Regulations governing changes to Development Consent Orders (DCOs).

The Secretary of State, having considered the application, the responses to the publicity and consultation required by regulations 6 and 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.

The Secretary of State reviewed the application and also considered feedback received from required public notification and consultation processes mandated by the 2011 Regulations.

Based on this review, the decision was made to enact the proposed changes because they were judged not to constitute a material departure from the initial application.

Accordingly, the Secretary of State, in exercise of the powers conferred by paragraphs 2(1) and (9) of Schedule 6 to the Planning Act 2008, makes the following Order.

Exercising the specific legal authority granted under paragraphs 2(1) and (9) of Schedule 6 of the Planning Act 2008, the Secretary of State officially establishes this amending Order.

Citation and commencement

This Order may be cited as the North Killingholme (Generating Station) (Amendment) Order 2026 and comes into force on 3rd April 2026.

Article 1 states that the official title of this legislation is the North Killingholme (Generating Station) (Amendment) Order 2026.

It confirms the date the Order legally became effective, which is April 3rd, 2026.

Amendment to the 2014 Order

The North Killingholme (Generating Station) Order 2014 is amended as follows.

Article 2 introduces the operative part of the Order, stating that the existing 2014 Order governing the generating station will be modified according to the subsequent provisions laid out here.

Amendment to Article 2(1) (Interpretation)

In article 2(1), in the definition of 'the works plans', after 'in accordance with article 34A(1A)' insert ', and as further supplemented by the works plan dated 16th July 2025 and certified by the Secretary of State in accordance with article 34(1B)'.

Article 3 modifies the definitions section (Article 2(1)) of the 2014 Order.

Specifically, it expands the definition of 'the works plans' to legally include a further document: a works plan dated July 16th, 2025, which must be officially certified by the Secretary of State under a new provision (Article 34(1B)).

( a ) 2008 c. 29. Paragraph 2 was amended by paragraph 4 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23), by paragraphs 1 and 72 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011 (c. 20), and by section 28 of the Infrastructure Act 2015 (c. 7).

( b ) S.I. 2011/2055, as amended by S.I. 2012/635 and S.I. 2015/760. There are other amending instruments but none are relevant.

( c ) S.I. 2014/2434, as amended by S.I. 2015/1829 and S.I. 2021/1055.

These footnotes provide legal references for the primary legislation and previous amending instruments mentioned in the introductory text.

They cite the Planning Act 2008 (29, c. 2008), detail subsequent amendments to paragraph 2 of Schedule 6 affecting the application process, and list the statutory instruments relating to the 2011 Regulations and the original 2014 Order.

Amendments to Article 34 (Certification of plans, etc.)

After paragraph (1A) insert-

'(1B) The undertaker shall, as soon as practicable after the coming into force of the North Killingholme (Generating Station) (Amendment) Order 2026, submit to the Secretary of State copies of-

(a) the works plan dated 16th July 2025 that was submitted with the application dated 31st July 2025 for a non-material change to this Order under paragraph 2 of Schedule 6 to the 2008 Act; and
(b) the feasibility study dated 21st July 2025 (North Killingholme (Generating Station) Order - Non-Material Change Application 2025 Carbon Capture Readiness Compliance),

for certification that they are true copies of the plans or documents referred to in this Order. '.

Article 4 inserts a new requirement (paragraph 1B) into Article 34 of the 2014 Order, mandating that the project developer (undertaker) must promptly submit specific documents to the Secretary of State for official certification once this amending Order starts.

The documents requiring certification are the July 16th, 2025, works plan associated with the non-material change application, and a feasibility study dated July 21st, 2025, specifically concerning Carbon Capture Readiness compliance.

Amendments to Part 1 (Authorised development) of Schedule 1 (Authorised development)

-(1) Part 1 (Authorised development) of Schedule 1 (Authorised development) is amended as follows.

(2) In the first paragraph, for '470 MWe' substitute '550 MWe'.

(3) In Work No. 1-

(a) after paragraph (n), omit 'and';
(b) after paragraph (o), for ';' substitute '; and';
(c) after paragraph (o) insert-

'(p) an auxiliary boiler and associated stack;'.

Article 5 amends Part 1 of Schedule 1, which defines the authorized development.

Sub-article (2) increases the maximum design generating capacity of the overall station from 470 MWe to 550 MWe.

Sub-article (3) updates the list of specific construction elements under 'Work No. 1' by adding a new element, '(p)': an auxiliary boiler and its corresponding stack, while also correcting minor punctuation/conjunction formatting around the preceding list items.

Amendments to Part 2 (Building heights) of Schedule 1 (Authorised development)

In Part 2 (Building heights) of Schedule 1 (Authorised development), omit the table and substitute it with the following table-

| (1) | (2) | |---|---| | Building | Height (metres) above ordnance datum | | Heat recovery steam generator | 47 | | Turbine hall | 35 | | Main stack | 85 | | Hybrid cooling tower (bank 1) | 28 | | Hybrid cooling tower (bank 2) | 28 | | Administration building | 17 | | Warehouse | 25 | | Water treatment plant | 13 | | Break tank | 22 | | Gas insulated switchgear building | 17 | | Covered fuel storage | 40 | | Biomass storage silos | 50 | | Limestone storage silos | 50 | | Gasifier, including fuel preparation facility | 70 | | Air separation unit | 50 | | Oxygen storage tank | 25 | | Acid gas removal | 65 | | Wastewater treatment plant | 25 | | Electrical switching station 1 | 25 |

| Electrical switching station 2 | 15 | |----------------------------------|------| | Electrical switching station 3 | 15 | | Flare stack | 140 | | Auxiliary boiler and stack | 15 |

Article 6 replaces the entire table detailing maximum building heights for elements within the authorized development (Part 2 of Schedule 1).

This replaces old height restrictions with a comprehensive new list.

This new schedule establishes specific maximum heights in meters above ordnance datum for numerous structures, notably setting the Main stack at 85m, various storage silos at 50m, and the Flare stack at a maximum height of 140 metres.

The newly added Auxiliary boiler and stack is listed with a height limit of 15 metres.

Amendments to Part 3 (Requirements) of Schedule 1 (Authorised development)

-(1) Part 3 (Requirements) of Schedule 1 (Authorised development) is amended as follows.

(2) In paragraph 1-

(a) in the definition of 'designated site', for ''Post Combustion CCS Area'' substitute 'Land Reserved for carbon capture readiness compliance'';
(b) after the definition of 'operations area' insert-

''overlap areas' means the areas of Work No. 1 shown cross hatched green on the works plans;'; and

''post-combustion CCS proposal' means the CCS proposal not including Work No. 2a set out in the feasibility study dated 21 July 2025 (North Killingholme (Generating Station) Order - Non-Material Change Application 2025 Carbon Capture Readiness Compliance) certified by the Secretary of State for the purposes of this Order;'.

(3) After paragraph 52, insert-

'Work No. 1

Work Nos. 1(a), 1(b), 1(c), 1(d), 1(e) and 1(p) must not be carried out within the overlap areas.'.

Article 7 amends Part 3 of Schedule 1, which deals with specific requirements attached to the development.

Sub-article (2) updates definitions, renaming the 'Post Combustion CCS Area' to 'Land Reserved for carbon capture readiness compliance' and introducing the term 'overlap areas' defined by the green cross-hatching on the relevant works plans.

Furthermore, the definition of 'post-combustion CCS proposal' is updated to reference the July 21st, 2025 feasibility study, specifically excluding Work No. 2a.

Sub-article (3) introduces a new directive (paragraph 53) stipulating that specific elements of Work No. 1, including the newly added 1(p), are prohibited from construction within these defined 'overlap areas.'

Signed by authority of the Secretary of State for Energy Security and Net Zero

2nd April 2026

John Wheadon Head of Energy Infrastructure Planning Delivery Department for Energy Security and Net Zero

This section verifies the enactment of the Order.

It confirms that the legal authority for making the Order derives from the Secretary of State for Energy Security and Net Zero.

The Order was signed on April 2nd, 2026, by John Wheadon, who held the position of Head of Energy Infrastructure Planning Delivery within that Department.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the North Killingholme (Generating Station) Order 2014 (the 'the 2014 Order'), a development consent order 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 amendment under paragraph 2 of Schedule 6 to the Planning Act 2008. This Order amends the 2014 Order to provide for an alternative designated site for the delivery carbon capture and storage technology; to make amendments to the maximum generating capacity of the generating station and to make minor changes to the building height parameters comprising Work No. 1.

The Explanatory Note clarifies that the document amends the original North Killingholme DCO (2014 Order) based on a non-material change application under the Planning Act 2008.

The purpose of the amendment is to formalize an alternative designated site relating to carbon capture and storage (CCS) technology.

It also notes changes to the station's maximum power output and minor revisions affecting the heights of structures included under Work No. 1.

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