The Associated British Ports (Immingham Green Energy Terminal) Order 2025
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Change 1
62 Procedure regarding certain approvals, etc.
(1) Where an application is made to or request is made of any authority, body or person pursuant to any of the provisions of this Order for any consent, agreement or approval required or contemplated by any of the provisions of the Order, such consent, agreement or approval to be validly given, must be given in writing and must not be unreasonably withheld or delayed. (2) When any consent, agreement or approval is required of, or with, the relevant planning authority pursuant to a requirement set out in Schedule 2 (requirements) such consent agreement or approval must not be given if it would— (a) permit development (so far as the development falls within a Work No.)— (i) outside of the extent of the area shown on the works plans for the Work No. in which that development is comprised; or (ii) exceeding the maximum built element height set out in column (2) of the table at paragraph 4(5) of Schedule 2 (requirements) for development comprised in the corresponding Work No. set out in column (1) of that table; or (iii) below the minimum built element height set out in column (5) of the table at paragraph 4(5) of Schedule 2 (requirements) for the corresponding built element set out in column (4) of that table; or (b) give rise to any materially new or materially different significant effects on the environment that have not been assessed in the environmental statement or in any environmental information supplied under the 2017 Regulations. (3) When any details, plans or other matters have been consented, agreed or approved by the relevant planning authority pursuant to a requirement set out in Schedule 2 (requirements), then they may subsequently be amended by agreement with the relevant planning authority provided that no amendments to those details, plans or other matters may be approved where such amendments would— (a) permit development (so far as the development falls within a Work No.)— (i) outside of the extent of the area shown on the works plans for the Work No. in which that development is comprised; or (ii) exceeding the maximum built element height set out in column (2) of the table at paragraph 4(5) of Schedule 2 (requirements) for development comprised in the corresponding Work No. set out in column (1) of that table; or (iii) below the minimum built element height set out in column (5) of the table at paragraph 4(5) of Schedule 2 (requirements) for the corresponding built element set out in column (4) of that table; or (b) give rise to any materially new or materially different significant effects on the environment that have not been assessed in the environmental statement or in any environmental information supplied under the 2017 Regulations. (4) Subject to paragraph (5), Schedule 17 (procedure regarding certain approvals, etc.) has effect in relation to all consents, agreements or approvals required or contemplated by any of the provisions of this Order. (5) Schedule 17 (procedure regarding certain approvals, etc.) does not apply— (a) in respect of any consents, agreements or approvals contemplated by the provisions of Schedule 14 (protective provisions) or any difference or dispute under article 20(6) (protective works) to which, in each case, article 61 (arbitration) instead applies; or (b) in respect of the Statutory Conservancy and Navigation Authority. (6) If before this Order came into force the undertaker or any other person took any steps that were intended to be steps towards compliance with any provision of Schedule 2 (requirements), those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.
62 Procedure regarding certain approvals, etc.
(1) Where an application is made to or request is made of any authority, body or person pursuant to any of the provisions of this Order for any consent, agreement or approval required or contemplated by any of the provisions of the Order, such consent, agreement or approval to be validly given, must be given in writing and must not be unreasonably withheld or delayed. (2) When any consent, agreement or approval is required of, or with, the relevant planning authority pursuant to a requirement set out in Schedule 2 (requirements) such consent agreement or approval must not be given if it would— (a) permit development (so far as the development falls within a Work No.)— (i) outside of the extent of the area shown on the works plans for the Work No. in which that development is comprised; or (ii) exceeding the maximum built element height set out in column (2) of the table at paragraph 4(5) of Schedule 2 (requirements) for development comprised in the corresponding Work No. set out in column (1) of that table; or (iii) below the minimum built element height set out in column (5) of the table at paragraph 4(5) of Schedule 2 (requirements) for the corresponding built element set out in column (4) of that table; or (b) give rise to any materially new or materially different significant effects on the environment that have not been assessed in the environmental statement or in any environmental information supplied under the 2017 Regulations. (3) When any details, plans or other matters have been consented, agreed or approved by the relevant planning authority pursuant to a requirement set out in Schedule 2 (requirements), then they may subsequently be amended by agreement with the relevant planning authority provided that no amendments to those details, plans or other matters may be approved where such amendments would— (a) permit development (so far as the development falls within a Work No.)— (i) outside of the extent of the area shown on the works plans for the Work No. in which that development is comprised; or (ii) exceeding the maximum built element height set out in column (2) of the table at paragraph 4(5) of Schedule 2 (requirements) for development comprised in the corresponding Work No. set out in column (1) of that table; or (iii) below the minimum built element height set out in column (5) of the table at paragraph 4(5) of Schedule 2 (requirements) for the corresponding built element set out in column (4) of that table; or (b) give rise to any materially new or materially different significant effects on the environment that have not been assessed in the environmental statement or in any environmental information supplied under the 2017 Regulations. (4) Subject to paragraph (5), Schedule 17 (procedure regarding certain approvals, etc.) has effect in relation to all consents, agreements or approvals required or contemplated by any of the provisions of this Order. (5) Schedule 17 (procedure regarding certain approvals, etc.) does not apply— (a) in respect of any consents, agreements or approvals contemplated by the provisions of Schedule 14 (protective provisions) or any difference or dispute under article 20(6) (protective works) to which, in each case, article 61 (arbitration) instead applies; or (b) in respect of the Statutory Conservancy and Navigation Authority. (6) If before this Order came into force the undertaker or any other person took any steps that were intended to be steps towards compliance with any provision of Schedule 2 (requirements), those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.
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