The Associated British Ports (Immingham Green Energy Terminal) Order 2025

SCHEDULE 2 REQUIREMENTS

Articles 2, 5 and 18 Interpretation 1 In this Schedule— “commence” means beginning to carry out any material operation (as defined in section 155 (when development begins) of the 2008 Act) forming part of the authorised project or the relevant part of it (in each case as specified where the term “commence” is used in this Schedule) other than operations consisting of— site clearance (excluding the clearance of trees or other vegetation from Long Strip); demolition work; environmental surveys and monitoring; investigations for the purposes of assessing ground and geological conditions; the receipt and erection of construction plant and equipment (excluding in relation to Work No. 9); the erection of temporary contractor and site welfare facilities (excluding in relation to Work No. 9); the diversion, laying and connection of services; the erection of any temporary means of enclosure, the temporary display of site notices or advertisements, and “commenced” and “commencement” are to be construed accordingly; “decommissioning” means the decommissioning of the relevant part of the authorised project when it is no longer required for operational use or, as the case may be, upon the permanent cessation of operational use (such that it is the undertaker’s understanding and expectation that the relevant part will not be returned to operational use at some point in the future); “hydrogen production facility building design code” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) and which has been certified by the Secretary of State as the hydrogen production facility building design code for the purposes of this Order; “outline construction environmental management plan” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) and which has been certified by the Secretary of State as the outline construction environmental management plan for the purposes of this Order; “outline construction traffic management plan” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) and which has been certified by the Secretary of State as the outline construction traffic management plan for the purposes of this Order; “outline decommissioning environmental management plan” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) and which has been certified by the Secretary of State as the outline decommissioning environmental management plan for the purposes of this Order; “outline landscape and ecology management plan” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) and which has been certified by the Secretary of State as the outline landscape and ecology management plan for the purposes of this Order; “outline operational travel plan” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) and which has been certified by the Secretary of State as the outline operational travel plan for the purposes of this Order; “woodland compensation plan” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) and which has been certified by the Secretary of State as the woodland compensation plan for the purposes of this Order. Time limit for beginning of the authorised project 2 The authorised project must not begin (which has the meaning given in section 155 (when development begins) of the 2008 Act) later than the expiration of five years beginning with the date on which this Order comes into force. Parts of the authorised project 3 Any application to the relevant planning authority pursuant to a paragraph of this Schedule in respect of a part of the authorised project must include a plan showing the part to which the application relates, the parts (if any) in respect of which an application pursuant to that paragraph has previously been approved by the relevant planning authority and the parts (if any) in respect of which the requirement for approval by the relevant planning authority pursuant to the paragraph remains to be satisfied. Detailed approval 4 (1) No part of— (a) any control building within the area of Work No. 5; or (b) any control room and workshop building, security and visitor building, contractor building and warehouse within the area of Work No. 7, may be constructed above its ground floor slab until details of the external materials to be used in the construction of that building have been submitted to and approved by the relevant planning authority. (2) Any details submitted and approved under sub-paragraph (1) must be substantially in accordance with the principles contained in the hydrogen production facility building design code. (3) The ammonia storage tank within Work No. 3a must not be brought into operational use until details of the external paint finish for the tank have been submitted to and approved by the relevant planning authority. (4) The construction of the relevant buildings and ammonia storage tank must not be carried out other than in accordance with the details approved by the relevant planning authority under sub-paragraphs (1) and (3). (5) In respect of the table below— (a) no permanent built element of the authorised project within (as applicable) a Work No. or part of a Work No. set out in column (1) may exceed the maximum height set out in column (2) or the maximum finished ground level set out for that permanent built element in column (3); and (b) the height of any permanent built element of the authorised project set out in column (4) within (as applicable) a Work No. or part of a Work No. set out in column (1) must exceed the minimum height set out in column (5) for that built element. Table 1 (1) Work No. | (2) Maximum built element height | (3) Maximum finished ground level | (4) Built element | (5) Minimum built element height Work No.2 | 15m above finished ground level | 5 metres above ordinance datum | - | - Work No.3 (except Work No.3a) | 20 metres above finished ground level | 3.5 metres above ordinance datum | - | - Work No.3a | 65 metres above finished ground level | 3.5 metres above ordinance datum | - | - Work No.5 (except Work No.5a) | 20 metres above finished ground level | 3.8 metres above ordinance datum | - | - Work No.5a | 45 metres above finished ground level | 3.8 metres above ordinance datum | Hydrogen production unit flare stack | 37 metres above finished ground level Work No.7 (except Work Nos. 7a, 7b, 7c and 7d) | 20 metres above finished ground level | 2.5 metres above ordinance datum | - | - Work Nos.7a, 7b and 7c | 45 metres above finished ground level | 2.5 metres above ordinance datum | Hydrogen production unit flare stack | 37 metres above finished ground level Work No. 7d | 15 metres above finished ground level | 2.5 metres above ordinance datum | - | - Phasing 5 (1) The ammonia storage tank within Work No. 3a and the hydrogen production units within Work Nos. 5 and 7 must not be brought into operational use until the jetty forming part of Work No. 1 is available for use. (2) The construction of no more than two hydrogen production units and no more than one hydrogen liquefier unit may begin until a plan setting out the phase of works relating to any additional hydrogen production unit or hydrogen liquefier unit has been submitted to and approved by the relevant planning authority. Construction environmental management plan 6 (1) No works forming part of Work No. 1 outside of the UK marine area (except the clearance of trees or other vegetation from Long Strip) may be commenced until a construction environmental management plan for that part of the works has been submitted to and approved by the relevant planning authority, following consultation with the Environment Agency on matters related to its function; and any such construction environmental management plan and the construction environmental management plan submitted pursuant to paragraph 8 of Part 2 (conditions applying to all licensable activities) of Schedule 3 (deemed marine licence) may be comprised in the same document. (2) No works forming part of Work No. 2 (except the clearance of trees or other vegetation from Long Strip), Work No. 3, Work No. 4, Work No. 5, Work No. 6, Work No. 7, Work No. 8 or Work No. 9 may be commenced until a construction environmental management plan for those works has been submitted to and approved by the relevant planning authority, following consultation with the Environment Agency and Natural England on matters related to their functions. (3) Any construction environmental management plan submitted and approved under sub-paragraph (1) and (2) must be substantially in accordance with the outline construction environmental management plan. (4) Any works forming part of Work No. 1 outside of the UK marine area, Work No. 2, Work No. 3, Work No. 4, Work No. 5, Work No. 6, Work No. 7, Work No. 8 and Work No. 9 must be carried out in accordance with the approved construction environmental management plan for those works, unless otherwise approved by the relevant planning authority. (5) The clearance of trees or other vegetation from Long Strip must be carried out in accordance with the Long Strip construction environmental management plan, unless otherwise approved by the relevant planning authority. Construction traffic management plan 7 (1) No part of the authorised project outside of the UK marine area (except the clearance of trees or other vegetation from Long Strip) may be commenced until the construction traffic management plan for that part has been submitted to and approved by the relevant planning authority. (2) Any construction traffic management plan submitted and approved under sub-paragraph (1) must be substantially in accordance with the outline construction traffic management plan. (3) Each part of the authorised project outside of the UK marine area must be carried out in accordance with any approved construction traffic management plan for that part, unless otherwise approved by the relevant planning authority. Highway works 8 (1) Before the construction of any works to a highway maintainable at the public expense begins, written details of those works, including a plan of any land which is not such highway but which it is proposed for the purposes of article 10 (construction and maintenance of new, altered or diverted streets) is to become such highway on completion of those works, must be submitted to and approved by the relevant planning authority following consultation with the highway authority on matters related to its functions. (2) Before the construction of the underground culvert forming part of Work No. 4 begins, written details of the design of such underground culvert, back-filling and making good to the highway and the construction methodology for its installation must be submitted to and approved by the relevant planning authority following consultation with the highway authority on matters related to its functions. (3) The works referred to in sub-paragraph (1) and the underground culvert, back-filling and making good referred to in sub-paragraph (2) must be constructed in accordance with the approved details, unless otherwise approved by the relevant planning authority following consultation with the highway authority on matters related to its function. Construction hours 9 (1) Subject to sub-paragraph (2), no works of construction comprised in Work Nos. 2 to 7 are to take place on a bank holiday or outside the hours of 07:00 to 19:00 on Mondays to Saturdays, unless otherwise agreed with the relevant planning authority. (2) The following works comprised in Work Nos. 2 to 7 are permitted outside the days and hours stated in sub-paragraph (1) provided such works do not give rise to any materially new or materially different effects than those assessed in the environmental statement or in any environmental information supplied under the 2017 Regulations — (a) works that cannot be interrupted, including concrete pours, or that need to be conducted outside of normal work hours for safety reasons, including radiographic testing; (b) emergency works; (c) works that are carried out with the prior approval of the relevant planning authority; (d) works that do not exceed maximum permitted levels of noise at each agreed monitoring location to be determined with reference to the ABC Assessment Method for the different working time periods, as set out in BS 5228-1:2009+A1:2014, unless otherwise agreed with the relevant planning authority for specific construction activities; (e) works necessary to support the construction of Work No. 1. (3) Any emergency works referred to in sub-paragraph (2)(b) must be notified to the relevant planning authority within 24 hours of being begun. (4) In this article, “bank holiday” means— (a) a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971; (b) Christmas Day; or (c) Good Friday. Landscape and ecology management plan 10 (1) No part of Work Nos. 3, 5 or 7 may be brought into operational use until details of the landscape and ecology measures associated with that part, the timing of provision of those measures and a plan for securing their establishment and maintenance have been submitted to and approved by the relevant planning authority. (2) The details submitted and approved under sub-paragraph (1) must be substantially in accordance with the principles contained in the outline landscape and ecology management plan. (3) The landscape and ecology measures approved under sub-paragraph (1) must be carried out, established and maintained in accordance with the details approved under sub-paragraph (1). (4) Where any tree or shrub planted pursuant to this paragraph that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, that tree or shrub must be replaced by the undertaker in the first available planting season with a specimen of the same species and size as that originally planted, unless otherwise approved by the relevant planning authority. Woodland compensation plan 11 The woodland compensation plan must be complied with, unless otherwise approved by the relevant planning authority. Surface water drainage 12 (1) No part of Work No. 1 outside of the UK marine area, Work Nos. 2, 3, 5 or 7 (except the clearance of trees or other vegetation from Long Strip) may be commenced until the drainage strategy for that part has been submitted to and approved by the relevant planning authority, following consultation with the Environment Agency and the Board on matters related to their respective functions. (2) Any drainage strategy submitted and approved under sub-paragraph (1) must be substantially in accordance with the outline drainage strategy contained in appendix 18.B of the environmental statement. (3) Each part of Work No. 1 outside of the UK marine area, Work Nos. 2, 3, 5 and 7 must be carried out in accordance with the drainage strategy approved under sub-paragraph (1) for that part, unless otherwise approved by the relevant planning authority. Flood risk assessment 13 The authorised project outside of the UK marine area must be carried out and operated in accordance with the approved flood risk assessment contained in appendix 18A of the environment statement, unless otherwise approved by the relevant planning authority. Queens Road residential properties 14 (1) No part of Work No. 7 may be brought into operational use until, in respect of the Queens Road residential properties— (a) the undertaker has entered on and taken possession of all of the Queens Road residential properties following either compulsory acquisition pursuant to article 22 (compulsory acquisition of land) of this Order or acquisition of it by agreement by the Company or Air Products (whether before or after the date of this Order); (b) the use of all of the Queens Road residential properties for residential purposes has ceased; and (c) notice confirming such possession and cessation of use has been served on the relevant planning authority. (2) From the date of the notice served on the relevant planning authority pursuant to sub-paragraph (1), no part of the Queens Road residential properties may be used for residential purposes for so long as any part of Work No. 7 is in operational use. (3) In this article— (a) “Queens Road residential properties” means the land comprised in plots 5/3, 5/4, 7/15, 7/16, 7/17, 7/18, 7/20, 7/21, 7/22 or 7/23 shown on the land plans and described in the book of reference; and (b) “residential purposes” means any use falling within a class set out in Part C of Schedule 1 to the Town and Country Planning (Use Classes) Order 1987 (as in force at the date of this Order) or any other use for residential purposes. Contaminated land 15 (1) No part of Work No. 1 outside of the UK marine area, Work Nos. 2 to 7 (except the clearance of trees or other vegetation from Long Strip) may be commenced until a written remediation strategy applicable to that part to deal with any contamination of that applicable land which is likely to cause significant harm to persons or pollution of controlled waters or the environment has been submitted to and approved by the relevant planning authority, following consultation with the Environment Agency on matters related to its function. (2) In the event that any unexpected contamination is discovered during the construction of any part of Work No. 1 outside of the UK marine area, Work Nos. 2 to 7, the part of the works to which the contamination relates must cease until a site investigation and assessment report applicable to that part and, if necessary, a remediation strategy to deal with any contamination which is likely to cause significant harm to persons or pollution of controlled waters or the environment has been submitted to and approved by the relevant planning authority, following consultation with the Environment Agency on matters related to its function. (3) Any remediation strategy submitted under sub-paragraphs (1) or (2) must be substantially in accordance with the outline remediation strategy contained in appendix 21.C of the environmental statement. (4) Any remediation required pursuant to sub-paragraphs (1) or (2) must be carried out in accordance with the remediation strategy approved pursuant to sub-paragraphs (1) or (2) (as the case may be) unless otherwise approved by the relevant planning authority. (5) Any verification report required by a remediation strategy approved pursuant to sub-paragraphs (1) or (2) must be submitted to the relevant planning authority in accordance with that remediation strategy. External lighting 16 (1) No part of the authorised project within Work No. 1 outside of the UK marine area or within Work Nos. 2, 3, 5 and 7 may be brought into operational use until a written scheme of the proposed operational external lighting relating to that part has been submitted to and approved by the relevant planning authority. (2) Any scheme submitted and approved under sub-paragraph (1) must be substantially in accordance with the lighting assessment report contained in appendix 2.B of the environmental statement. (3) Each part of Work No. 1 outside of the UK marine area, Work Nos. 2, 3, 5 and 7 must be operated in accordance with the scheme approved under sub-paragraph (1) for that part, unless otherwise approved by the relevant planning authority. Control of noise during operational use 17 (1) No part of the authorised project comprised in Work Nos. 3, 5 or 7 may be brought into operational use until a scheme for noise management (addressing any parts of Work Nos. 3, 5 and 7 to which the application relates together with any parts in respect of which a scheme has previously been approved) has been submitted to and approved by the relevant planning authority. (2) Any scheme submitted and approved under sub-paragraph (1) must demonstrate that the effects of noise on the noise sensitive receptors identified in chapter 7 of the environmental statement are no worse than the residual effects identified in that chapter. (3) Each part of Work Nos. 3, 5 and 7 must be operated in accordance with the scheme approved under sub-paragraph (1) for that part, unless otherwise approved by the relevant planning authority. Decommissioning environmental management plan 18 (1) Prior to the decommissioning of (in each case) the entirety of Work Nos. 2 (except the jetty access road), 3, 4, 5, 6 or 7, a decommissioning environmental management plan for that part of the authorised project must be submitted to and approved by the relevant planning authority, following consultation with the Environment Agency on matters related to its function. (2) Any decommissioning environmental management plan submitted and approved under sub-paragraph (1) must be substantially in accordance with the outline decommissioning environmental management plan. (3) The decommissioning of (in each case) the entirety of Work Nos. 2 (except the jetty access road), 3, 4, 5, 6 or 7 must be carried out in accordance with the approved decommissioning environmental management plan for that part of the authorised project unless otherwise approved by the relevant planning authority. Operational travel plan 19 (1) No part of the authorised project comprised in Work Nos. 3, 5 or 7 may be brought into operational use until an operational travel plan relating to that part of the authorised project has been submitted to and approved by the relevant planning authority. (2) Any operational travel plan submitted and approved under sub-paragraph (1) must be substantially in accordance with the outline operational travel plan. (3) Each part of Work Nos. 3, 5 and 7 must be operated in accordance with the approved operational travel plan for that part, unless otherwise approved by the relevant planning authority. Operational phase flood emergency response plans 20 (1) No part of Work No. 1 outside of the UK marine area, Work Nos. 2, 3, 5 or 7 may be brought into operational use until a flood emergency response plan to apply during operation of that part has been submitted to and approved by the relevant planning authority, following consultation with North East Lincolnshire Council in its capacity as lead local flood authority (within the meaning of section 6 (other definitions) of the Flood and Water Management Act 2010) and the Environment Agency on matters related to their respective functions. (2) Any flood emergency response plan submitted and approved under sub paragraph (1) must be substantially in accordance with the flood risk assessment contained in appendix 18.A of the environmental statement. (3) Each part of Work No. 1 outside of the UK marine area, Work Nos. 2, 3, 5 and 7 must be operated in accordance with the plan approved under sub-paragraph (1) for that part, unless otherwise approved by the relevant planning authority. Flood Defence Agreement 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .