PLANNING ACT 2008, INFRASTRUCTURE PLANNING (APPLICATIONS: PRESCRIBED FORMS AND PROCEDURE) REGULATIONS 2009, INFRASTRUCTURE PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 2017

An application for a development consent order (“DCO”) for the Immingham Green Energy Terminal (the “Project”) was made by ASSOCIATED BRITISH PORTS (“ABP” or “the Applicant”) of 25 Bedford Street, London, WC2E 9ES (“the Applicant”) to the Secretary of State for Transport (the “Secretary of State”) on 21 September 2023 (“the Application”). The Application was accepted for Examination on 19 October 2023, and the Examining Authority was appointed 31 October 2023 to Examine the Application. The Examination of the Application commenced on 20 February 2024, and is due to close 20 August 2024.

The Applicant consulted on proposed changes to the Application from Tuesday, 26 March 2024 to 23:59 on Wednesday, 24 April 2024. Details of those proposed changes are available on the IGET webpage of the National Infrastructure Planning website at: https://national-infrastructure-consenting.planninginspectorate.gov.uk/projects/TR030008.. The application to make those changes to the Application was submitted to the Examining Authority on 3 May 2024 and the Examining Authority issued a procedural decision on 14 May 2024 confirming that the proposed changes have been accepted into the Examination.

Notice is given that the Applicant intends to submit a request to the Examining Authority to make further changes to the Application (the “Proposed Further Changes”). A description of the Proposed Further Changes is set out below. In advance of submitting the request to make the Proposed Further Changes to the Application (the “Proposed Further Changes Application”), the Applicant is undertaking a public consultation on the Proposed Further Changes (the “Proposed Further Changes Consultation”). Details of how to participate in the Proposed Further Changes Consultation are given below.

Summary of the Project

The Project for which the Applicant is seeking development consent includes a nationally significant infrastructure project (“NSIP”) comprising the construction, operation and maintenance of a multi-user liquid bulk terminal which would be located on the eastern side of the Port of Immingham (“the Port”) and associated development (collectively, “the Project”). The associated development would comprise the construction and operation of a green hydrogen production facility and other associated landside works for the production of green hydrogen from imported green ammonia on site.

The proposed Project consists of:

A) The NSIP, which comprises:

a. A terminal for liquid bulks, comprising:

i. A jetty including a loading platform, associated dolphins, fenders and walkways, topside infrastructure but not limited to control rooms, marine loading arms, pipe-racks, pipelines and other infrastructure.

ii. A single berth, with a berthing pocket with a depth of up to 14.5m below chart datum; and

b. Related landside infrastructure including a jetty access ramp, a flood defence access ramp and works to raise the seawall locally under the jetty access ramp

B) The associated development which comprises:

a. A corridor between the new jetty and Laporte Road which would support a private road (the ‘jetty access road’), pipe-racks, pipelines to enable the ammonia import to the East Site (as described below), as well as security gates, a security building, a power distribution building and associated utilities.

b. The ‘East Site – Ammonia Storage’ – an ammonia storage tank and related plant including an ammonia tank flare stack would be constructed as well as additional buildings (including welfare building, power distribution building and a process instrumentation building), pipe-racks, pipelines, pipes, cable-racks, utilities and other infrastructure.

c. Construction of a culvert under Laporte Road for pipelines, pipes, cables and other conducting media linking the two parts of the East Site.

d. ‘East Site- Hydrogen Production Facility’ construction of up to three hydrogen production units and associated plant including flue gas stacks and flare stacks together with additional buildings (including process control building, power distribution buildings, process instrumentation buildings, analyser shelters), pipe-racks, pipelines, pipes, utilities and other infrastructure.

e. Underground pipelines, pipes, cables and other conducting media between the East and West Sites (as described below), for the transfer of ammonia, hydrogen, nitrogen and utilities, with cathodic protection against saline corrosion.

f. The ‘West Site’ - construction of up to three hydrogen production units with associated flue gas stacks and flare stacks and up to four liquefier units; hydrogen storage tanks, hydrogen trailer filling stations, a hydrogen vent stack and associated process equipment; and hydrogen vehicle and trailer filling stations, hydrogen compressors and associated process equipment together with additional buildings (including but not limited to control room and workshop building, security and visitor building, contractor building, warehouse driver administration building, safe haven building, electrical substation and metering station, power distribution buildings, process instrumentation buildings, analyser buildings and additional temporary buildings during construction), process and utility plant including cooling towers and pumps, fire water tank, instrument air equipment, pipe-racks, pipelines, pipes, cable-racks, utilities and other infrastructure.

g. Formation of temporary construction and laydown areas on Queens Road and off Laporte Road.

h. Temporary removal of street furniture and modification of overhead cables on Kings Road associated with the transport of large construction components from the Port to the Site.

i. Further associated development on a site wide basis consisting of works such as site clearance, creation of additional construction compounds, utility works, landscaping and street works.

C) In addition to the NSIP and associated development works described above, ancillary works that would not necessarily constitute development are to be undertaken on a site-wide basis, such as vegetation removal, the installation of fencing and the demobilisation of construction works.

Development consent is required for the Project to the extent that the development is or forms part of an NSIP pursuant to sections 14(1)(j), 24(2) and 24(3)(c) of the Planning Act 2008, being the proposed alteration of harbour facilities (i.e. the Port) that are wholly in England and in waters adjacent to England, and the effect of alteration would be to increase the quantity of material the embarkation or disembarkation of which the facilities are capable of handling by at least the relevant quantity of material per year, which in the case of the facilities for cargo ships is 5 million tonnes per annum. It is for this reason the Project falls within the remit of the Secretary of State’s decision-making powers.

The Development Consent Order (if granted) would also authorise the compulsory acquisition of interests in land and rights over land, and the powers to use land permanently for the construction and operation of the Project.

A map showing the location of the Project can be viewed on the National Infrastructure Planning website at the following link:

https://infrastructure.planninginspectorate.gov.uk/wp-content/ipc/uploads/projects/TR030008/TR030008-000367-TR030008_Immingham_Green_Energy_Terminal_4.1_Location_Plan.pdf

Environmental Impact Assessment Development

The Project constitutes an Environmental Impact Assessment development for the purposes of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 and accordingly the Application is accompanied by an Environmental Statement (“ES”).

Details of the environmental information relating to the Proposed Further Changes are included in the document submitted to the Examining Authority to formally notify them of the Applicant’s intention to submit the Proposed Further Changes Application (“the Proposed Further Changes Notification Report”), a summary of which is provided under the heading ‘Summary of the Proposed Further Changes’ below. There are no new or different likely significant environmental effects in relation to the Project arising from the Proposed Further Changes, either individually or collectively.

Copies of the Application

The Application form and accompanying Application documents including a map showing the location of the Project and other plans, maps and the ES and Non-technical Summary of the ES (“NTS”) (together the “Application Documents”) can be viewed and downloaded free of charge on the IGET webpage of the National Infrastructure Planning website at: https://national-infrastructure-consenting.planninginspectorate.gov.uk/projects/TR030008.

Copies of the Application Documents can also be requested from the Applicant by emailing the following address or writing to the Applicant at enquiries@imminghamget.co.uk or IGET, PO Box 76780, London WC1A 9SJ (quoting reference: Immingham Green Energy Terminal). Please note the Applicant reserves the right to charge for its reasonable costs associated with the provision of hard copies of the Application Documents.

Details of the development consent process and how to participate are set out in PINS’s ‘Advice Note Eight: Overview of the nationally significant infrastructure project process for members of the public and others”, which is available to view free of charge at https://www.gov.uk/government/publications/nationally-significant-infrastructure-projects-advice-note-eight-overview-of-the-nationally-significant-infrastructure-planning-process-for-members/nationally-significant-infrastructure-projects-advice-note-eight-overview-of-the-nationally-significant-infrastructure-planning-process-for-members.

Summary of the Proposed Further Changes to the Application

The need for the Proposed Further Changes has arisen following the date of submission of the Application due to ongoing engagement with stakeholders and further design evolution of the Project. In summary, the Proposed Further Changes are as follows:

Change 5(a): minor adjustments to the accesses from the A1173 to Work No.7 (shown on the Street Works and Accesses Plan [REP3-016] as Access AB and Access AC).

Change 5(b): a minor reduction in the area of public highway proposed to be permanently stopped up to the south of Laporte Road and associated minor reduction in Work No. 3.

Change 5(c): adjustments to the speed limit change proposed along Laporte Road to introduce a new section with a 40mph speed limit and reduce the section proposed to be subject to a 30mph speed limit.

Change 6: a new area of permanent stopping up in the vicinity of an access from Kings Road to Work No. 7 (shown as Access AA on the Street Works and Accesses Plan [REP3-016]).

Change 7: a reduction in the area of Work No. 9 (which is proposed to be used for temporary construction purposes) and associated reduction in the Order limits.

Consultation is also being undertaken on updates to information contained in the Environmental Statement relating to the following proposals, which would result in changes to the proposed mitigation in the Outline Construction Environmental Management Plan [REP3-026]:

Change 8: a change to the ground protection methodology for Work No. 9 to allow the installation of a geotextile layer and a layer of compacted fill material instead of the installation of ground matting.

Change 9: a change to the terrestrial piling methodology to include the potential use of driven piling in Work Nos. 3, 5 and 7.

A full description of the Proposed Further Changes, together with explanations of why they are proposed and an appraisal of the impacts of the Proposed Further Changes, are provided in the Proposed Further Changes Notification Report published as part of the consultation on the Proposed Further Changes. The Proposed Further Changes Notification Report has been submitted to the Examining Authority in accordance with Step 1 of Figure 1 in PINS’s “Advice Note Sixteen: Requests to change applications after they have been accepted for examination” (“Advice Note Sixteen”) and contains the required information set out in Figure 2a of Advice Note Sixteen. Advice Note Sixteen is available to view free of charge at: https://infrastructure.planninginspectorate.gov.uk/legislation-and-advice/advice-notes/advice-note-16/.

The Proposed Further Changes Notification Report can be viewed on our website free of charge at the following link: www.imminghamget.co.uk

An electronic copy of the Proposed Further Changes Notification Report can be supplied free of charge by ABP on a USB stick, provided on request. Paper copies of the Proposed Further Changes Notification Report can also be supplied on request, but there will be a reasonable charge for paper copies to cover the cost of printing, packaging and postage up to a maximum charge of £300.00.

If you have any questions about the Proposed Further Changes Notification Report, or wish to request a copy, you can email enquiries@imminghamget.co.uk, or write to IGET, PO Box 76780, London, WC1A 9SJ (quoting reference: Immingham Green Energy Terminal), or call Freephone 0808 175 3233.

Responding to the Proposed Further Changes Consultation

The Proposed Further Changes Consultation takes place from Tuesday, 21 May 2024 until 23:59 on Wednesday, 19 June 2024.

Any person can respond to the Proposed Further Changes Consultation. All responses must be received by us in writing by 23:59pm on Wednesday, 19 June 2024.

You can respond to the Proposed Further Changes Consultation by submitting your views to us in writing through the following channels:

Emailing: enquiries@imminghamget.co.uk
Writing to: IGET, PO Box 76780, London WC1A 9SJ (quoting reference: Immingham Green Energy Terminal)

If you have any questions on the Proposed Further Changes or would like to request a meeting with the Project team to discuss the Proposed Changes, you can contact us at enquiries@imminghamget.co.uk or call us on Freephone 0808 175 3233.

The Proposed Further Changes Notification Report will also be available to view in hard copy in the following locations from Tuesday 21 May 2024 to Wednesday 19 June 2024:

Immingham Town Council, Civic Centre, Pelham Road, Immingham DN40 1QF, open Monday to Friday from 9am to 5pm; and on Saturday from 9am to 1pm.
Grimsby Central Library, Town Hall Square, Grimsby DN31 1HG, open Tuesday to Friday from 8:30am to 5:30pm; and on Saturday from 9am to 1pm.

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