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Statutory Instruments

2022 No. 881

Infrastructure Planning

The Able Marine Energy Park Development Consent (Amendment) Order 2022

Made

16th July 2022

Coming into force

6th August 2022

An application has been made to the Secretary of State under paragraph 3 of Schedule 6 to the Planning Act 2008( 1 ) in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011( 2 ) for a material change to the Able Marine Energy Park Development Consent Order 2014( 3 ).

The Secretary of State, having considered the application and the responses to the publicity and consultation carried out in accordance with regulations 10 and 14 of the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011, has decided to make this Order amending the Able Marine Energy Park Development Consent Order 2014.

The Secretary of State, in exercise of the powers conferred by paragraph 3 of Schedule 6 to the Planning Act 2008, makes the following Order—

Citation and commencement

(2) In article 2 (interpretation)—

(a) in the definition of “the berthing pocket”, for the co-ordinates substitute “(53°39.492’N, 00°13.466’W), (53°39.476’N, 00°13.511’W), (53°39.488’N, 00°13.546’W), (53°39.528’N, 00°13.421’W) (53°39.397’N, 00°13.249’W), (53°39.415’N, 00°13.211’W), (53°38.974’N, 00°12.631’W), (53°38.947’N, 00°12.676’W), (53°38.928’N, 00°12.724’W), (53°38.945’N, 00°12.746’W), (53°38.965’N, 00°12.702’W), (53°39.389’N, 00°13.260’W) and (53°39.369’N, 00°13.304’W)” ; and

(b) in the appropriate place insert—

the inset berth ” means the area bounded by co-ordinates (53°39.492’N, 00°13.466’W), (53°39.511’N, 00°13.409’W), (53°39.392’N, 00°13.253’W) and (53°39.369’N, 00°13.304’W) and shown on sheets 8 and 9 of the works plans; .

(3) In Schedule 1 (authorised development), in paragraph 3(a), after “berthing pockets” insert “and inset berth” .

(4) In Schedule 10 (limits of harbour)

(a) for the table in paragraph 1, substitute—

Table

Latitude Longitude Label
53°38.965’N 00°12.701’W H1
53°38.985’N 00°12.657’W H2
53°39.525’N 00°13.367’W H3
53°39.492’N 00°13.465’W H4
53°39.370’N 00°13.304’W H5
53°39.390’N 00°13.260’W H6

(b) after the table, for the plan showing the harbour limits substitute the plan in Schedule 1 (harbour limits).

(5) In paragraph 6 of Schedule 11 (requirements)( 4 )—

(a) in sub-paragraph (a), after “TR030001/APP/23a” insert “and TR030006/APP/16” ;

(b) in sub-paragraph (a)(i), for ““AME-02006 (Rev E)”” substitute ““AME-036-20001 (Rev B)”” ;

(c) in sub-paragraph (a)(ii), for ““AME-02007 (Rev C)”” substitute ““AME-036-20002 (Rev B)”” ;

(d) in sub-paragraph (a)(iii), for ““AME-02008 (Rev B)”” substitute ““AME-036-20003 (Rev A)”” ;

(e) in sub-paragraph (a)(v), for ““AME-02010 (Rev B)”” substitute ““AME-036-20004 (Rev B)”” ;

(f) in sub-paragraph (a)(vi), for ““AME-02011”” substitute ““AME-02011 (Rev C)”” ;

(g) omit sub-paragraph (a)(xii);

(h) in sub-paragraph (b), for “TR030001/APP/23b” substitute “TR030006/APP/17” ;

(i) in sub-paragraph (b)(i), for ““AMEP_P1D_D_001”” substitute ““AME-036-10001 (Rev C)”” ;

(j) in sub-paragraph (b)(ii), for ““AMEP_P1D_D_002”” substitute ““AME-036-10002 (Rev B)”” ;

(k) in sub-paragraph (b)(iii), for ““AMEP_P1D_D_005”” substitute ““AME-036-10005 (Rev B)”” ;

(l) in sub-paragraph (b)(iv), for ““AMEP_P1D_D_006”” substitute ““AME-036-10006 (Rev B)”” ;

(m) in sub-paragraph (b)(v), for ““AMEP_P1D_D_007”” substitute ““AME-036-10007 (Rev B)”” ;

(n) in sub-paragraph (b)(vi), for ““AMEP_PID_D_009”” substitute ““AME-036-010008 (Rev C)”” ;

(o) in sub-paragraph (b)(vii), for ““AMEP_P1D_D_101”” substitute ““AME-036-10009 (Rev C) or AME-036-10009 (Rev D)”” ;

(p) in sub-paragraph (b)(viii), for ““AMEP_P1D_D_102”” substitute ““AME-036-10010 (Rev C) or AME-036-10010 (Rev D)”” ;

(q) in sub-paragraph (b)(ix), for ““AMEP_P1D_D_103”” substitute ““AME-036-10011 (Rev C)”” ;

(r) in sub-paragraph (b)(x), for ““AMEP_PID_D_104”” substitute ““AME-036-10012 (Rev C)”” and at the end, after the semi-colon insert “and” ;

(s) in sub-paragraph (b)(xi), for ““AMEP_PID_D_105”” substitute ““AME-036-01013 (Rev C)”” ;

(t) omit sub-paragraph (b)(xii) and (xiii);

(u) in sub-paragraph (c), for “TR030001/APP/23b” substitute “TR030006/APP/17” ;

(v) in sub-paragraph (c)(i), for ““AMEP_PID_D_003”” substitute ““AME-036-10003 (Rev B)”” ; and

(w) in sub-paragraph (c)(ii), for ““AMEP_P1D_D_004”” substitute ““AME-036-10004 (Rev C)”” .

(6) After article 55A (certification of further environmental documents)( 5 ), insert—

Certification of additional plans etc.

55B. —(1) The undertaker must, as soon as practicable after the making of the Able Marine Energy Park Development Consent (Amendment) Order 2022, submit for certification copies of—

(a) the substitute design drawings, being those drawings with reference TR030006/APP/17;

(b) the updated ecology plans, being those plans with reference TR030006/APP/14;

(c) the updated rights of way plans, being those plans with reference TR030006/APP/15;

(d) the updated environmental statement, being those documents with reference TR030006/APP/6 and TR030006/APP/6A;

(e) the updated habitats regulations assessment, being those documents with reference TR030006/APP/7A, TR030006/APP/7B and TR030006/APP/7C; and

(f) the updated works plans, being those plans with reference TR030006/APP/13.

(2) A plan or document so certified by the Secretary of State is admissible in any proceedings as evidence of the contents of the document of which it is a copy. .

Signed by authority of the Secretary of State for Transport

Natasha Kopala

Head of the Transport and Works Act Orders Unit

Department for Transport

16th July 2022

Article 2(4)

SCHEDULE 1 HARBOUR LIMITS

Harbour Limits
( 1 )

2008 c. 29 . Paragraph 3 of Schedule 6 was amended by paragraph 72 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011 (c. 20) , section 28 of the Infrastructure Act 2015 (c. 7) (there are other amendments to paragraph 3 that are not relevant to this Order), and by S.I. 2018/1232 .

( 3 )

S.I. 2014/2935 was amended by S.I. 2021/606 . Schedule 8 (Deemed Marine Licence) has been varied twice by the Marine Management Organisation. Variation No. 1 was issued on 23 June 2017 ( https://www.gov.uk/government/publications/able-marine-energy-park-variation ) and Variation 2 was issued on 16 September 2020 ( https://www.gov.uk/government/publications/amep-marine-energy-park-variation-2 ).

( 4 )

Paragraph 6 was amended by S.I. 2021/606 .

( 5 )

Article 55A was inserted by S.I. 2021/606 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Able Marine Energy Park Development Consent (Amendment) Order 2022 (2022/881)

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