The Associated British Ports (Immingham Green Energy Terminal) Order 2025
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Change 1
55 Planning legislation
(1) Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land for the purposes of that Act) of the 1990 Act. (2) As from the date on which the authorised project is begun if the undertaker serves a notice on the relevant planning authority that any of the conditions to which a planning permission granted pursuant to section 57 (planning permission required for development) of the 1990 Act is subject prior to the making of this Order and which relate to the Order limits cease to have effect to the extent that they are inconsistent with the authorised project or anything done or approved pursuant to this Order then the notice will immediately have that effect; except that this sub-paragraph (2) does not apply to any existing early works planning permission or new early works planning permission. (3) Before beginning Work No. 2, Work No. 3, Work No. 5 or Work No. 7 (as applicable) under this Order, the undertaker must serve notice on the relevant planning authority— (a) that it intends to begin Work No. 2, Work No. 3, Work No. 5 or Work No. 7 (as applicable) under this Order; and (b) specifying in that notice any existing early works planning permission or new early works planning permission under which works also comprised within Work No. 2, Work No. 3, Work No 5 or Work No. 7 (as applicable) have begun and whether or not such works have been completed. (4) From the date of service of any notice pursuant to paragraph (3)— (a) the undertaker must cease to carry out development under any existing early works planning permission or new early works planning permission specified in that notice; and (b) the conditions to which an existing early works planning permission or new early works planning permission specified in that notice are subject will be unenforceable except in respect of— (i) any breach that occurred prior to the undertaker serving notice pursuant to paragraph (3); and (ii) any conditions of the existing early works planning permission or new early works planning permission that relate to the statutory requirement under Schedule 7A (biodiversity gain in England) to the 1990 Act for biodiversity net gain. (5) The undertaker must not begin Work No. 2, Work No. 3, Work No. 5 or Work No. 7 (as applicable) under this Order until notice has been served under paragraph (3). (6) Notwithstanding paragraphs (3) and (4), the undertaker may exercise any other powers under this Order in respect of any part of the authorised project prior to or following service of notice under paragraph (3). (7) Without prejudice to the generality of paragraph (6), the undertaker may discharge any requirement in Schedule 2 (requirements) of this Order at any time prior to or following the service of notice under paragraph (3). (8) Where details, documents, plans, works or any other matters have been imposed as a condition, or approved or agreed pursuant to a condition, of any existing early works planning permission or new early works planning permission prior to the date on which the undertaker serves notice under paragraph (3), the relevant planning authority and the undertaker must agree in writing which details, documents, plans, works or other matters under the existing early works planning permission or new early works planning permission will be deemed to have been discharged, approved, agreed, obtained or undertaken for the purposes of the requirements in Schedule 2 (requirements) of this Order relating to all or part of Work No. 2, Work No. 3, Work No. 5 or Work No. 7 (as applicable); and upon that agreement being reached in writing it will immediately have that effect. (9) In this article “begin” and “begun” mean for the purposes of section 155 (when development begins) of the 2008 Act. (10) It does not constitute a breach of the terms of this Order if, following the coming into force of this Order, any development, or any part of a development, is carried out, used, operated or decommissioned within the Order limits in accordance with any planning permission granted under the 1990 Act (including a planning permission granted under article 3 (permitted development) and Class B (dock, pier, harbour, water transport, canal or inland navigation undertakings) of Part 8 (transport related development) of Schedule 2 (permitted development rights) to the Town and County Planning (General Permitted Development) (England) Order 2015); and nothing done pursuant to any such planning permission prevents the undertaker from constructing, operating, using, maintaining or decommissioning any part of the authorised project pursuant to this Order which has not been carried out pursuant to such planning permission. (11) This Order does not constitute a planning permission for the purposes of Part 11 (community infrastructure levy) of the 2008 Act notwithstanding the definition of planning permission contained within article 5 (meaning of planning permission) of the 2010 Regulations. (12) The authorised project, including any part of it, may be delivered in severable phases subject to paragraph 5 (phasing) of Schedule 2 (requirements).
55 Planning legislation
(1) Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land for the purposes of that Act) of the 1990 Act. (2) As from the date on which the authorised project is begun if the undertaker serves a notice on the relevant planning authority that any of the conditions to which a planning permission granted pursuant to section 57 (planning permission required for development) of the 1990 Act is subject prior to the making of this Order and which relate to the Order limits cease to have effect to the extent that they are inconsistent with the authorised project or anything done or approved pursuant to this Order then the notice will immediately have that effect; except that this sub-paragraph (2) does not apply to any existing early works planning permission or new early works planning permission. (3) Before beginning Work No. 2, Work No. 3, Work No. 5 or Work No. 7 (as applicable) under this Order, the undertaker must serve notice on the relevant planning authority— (a) that it intends to begin Work No. 2, Work No. 3, Work No. 5 or Work No. 7 (as applicable) under this Order; and (b) specifying in that notice any existing early works planning permission or new early works planning permission under which works also comprised within Work No. 2, Work No. 3, Work No 5 or Work No. 7 (as applicable) have begun and whether or not such works have been completed. (4) From the date of service of any notice pursuant to paragraph (3)— (a) the undertaker must cease to carry out development under any existing early works planning permission or new early works planning permission specified in that notice; and (b) the conditions to which an existing early works planning permission or new early works planning permission specified in that notice are subject will be unenforceable except in respect of— (i) any breach that occurred prior to the undertaker serving notice pursuant to paragraph (3); and (ii) any conditions of the existing early works planning permission or new early works planning permission that relate to the statutory requirement under Schedule 7A (biodiversity gain in England) to the 1990 Act for biodiversity net gain. (5) The undertaker must not begin Work No. 2, Work No. 3, Work No. 5 or Work No. 7 (as applicable) under this Order until notice has been served under paragraph (3). (6) Notwithstanding paragraphs (3) and (4), the undertaker may exercise any other powers under this Order in respect of any part of the authorised project prior to or following service of notice under paragraph (3). (7) Without prejudice to the generality of paragraph (6), the undertaker may discharge any requirement in Schedule 2 (requirements) of this Order at any time prior to or following the service of notice under paragraph (3). (8) Where details, documents, plans, works or any other matters have been imposed as a condition, or approved or agreed pursuant to a condition, of any existing early works planning permission or new early works planning permission prior to the date on which the undertaker serves notice under paragraph (3), the relevant planning authority and the undertaker must agree in writing which details, documents, plans, works or other matters under the existing early works planning permission or new early works planning permission will be deemed to have been discharged, approved, agreed, obtained or undertaken for the purposes of the requirements in Schedule 2 (requirements) of this Order relating to all or part of Work No. 2, Work No. 3, Work No. 5 or Work No. 7 (as applicable); and upon that agreement being reached in writing it will immediately have that effect. (9) In this article “begin” and “begun” mean for the purposes of section 155 (when development begins) of the 2008 Act. (10) It does not constitute a breach of the terms of this Order if, following the coming into force of this Order, any development, or any part of a development, is carried out, used, operated or decommissioned within the Order limits in accordance with any planning permission granted under the 1990 Act (including a planning permission granted under article 3 (permitted development) and Class B (dock, pier, harbour, water transport, canal or inland navigation undertakings) of Part 8 (transport related development) of Schedule 2 (permitted development rights) to the Town and County Planning (General Permitted Development) (England) Order 2015); and nothing done pursuant to any such planning permission prevents the undertaker from constructing, operating, using, maintaining or decommissioning any part of the authorised project pursuant to this Order which has not been carried out pursuant to such planning permission. (11) This Order does not constitute a planning permission for the purposes of Part 11 (community infrastructure levy) of the 2008 Act notwithstanding the definition of planning permission contained within article 5 (meaning of planning permission) of the 2010 Regulations. (12) The authorised project, including any part of it, may be delivered in severable phases subject to paragraph 5 (phasing) of Schedule 2 (requirements).
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