What happens next
A decision on the application for a Development Consent Order for Able Marine Energy Park was taken on 18 December 2013 and has now been issued.
The period for legal challenge is defined in s118 of the Planning Act 2008. Further information about legal challenge can be found in the letter sent to all Interested Parties accompanying the Secretary of State’s decision and statement of reasons.
If you have any queries about the process please email the Planning Inspectorate at [email protected] or telephone the helpline on 0303 444 5000.
Timeline (51 items)
The Marine Management Organisation has published a notice of variation (variation 2) to the Deemed Marine Licences regarding the Able Marine Energy Park.
An application for a non-material change to the Able Marine Energy Park Development Consent Order has been made by Able Humber Ports Limited.
If you wish to make a representation, this should be emailed to [email protected] or posted to:
The Planning Inspectorate
Temple Quay House
2 The Square
Bristol, BS1 6PN
The deadline for receipt of representations is 29 October 2018.
The Marine Management Organisation has published a notice of a variation to Deemed Marine Licences regarding the Able Marine Energy Park:
A report of the Joint Committee on the Able Marine Energy Park Development Consent Order 2014 has been published, marking the end of the Special Parliamentary Procedure in relation to that Order.
The Development Consent Order came into force on 29th October 2014.
The Able Marine Energy Park development consent order is made in the form of a statutory instrument and needs to go through Parliamentary processes before coming into effect. This is because the Order contains a certain type of legislative provision; it applies statutory powers to compulsorily acquire land of statutory undertakers, who have sustained their objection to those powers. The Order was made on 13 January 2014 and laid before Parliament on 10 February 2014. Notice of this was given in the London Gazette on 4 February 2014.
For further information see the Parliament website.
The Secretary of State has granted development consent for this application.
For further information, please refer to the following decision documentation:
Examining Authority’s Findings and Recommendations with Appendices – published on 28 August 2013 (ZIP 4 MB)
Responses to the DfT consultation have been published.
See also notification letter sent to interested parties on 18 October.
The Department for Transport (DfT) has asked the Planning Inspectorate to make available the Applicant’s response to the Department’s letter of 28 August 2013. For further information and details of how to respond to the DfT consultation please see the notification letter from The Planning Inspectorate.
Norman Baker, the Minister appointed by the Secretary of State for Transport to decide this application, has announced that he is “minded to approve” this application subject to receiving further information from the applicant on a number of specific issues. The “minded to approve” letter of 28 August 2013 along with a revised draft development consent order and the Panel’s report can be viewed on the DfT consultation page.
On 24 September 2013, the Department for Transport allowed a further 3 weeks (until 16 October 2013) for the Applicant to respond to the Department’s letter of 28 August 2013. The applicant’s request for further time, which explains the reasons for the request, has been published. As indicated in the Department’s letter of 28 August 2013, interested parties will have 28 days to comment on the Applicant’s response to that letter. The Department has not altered the 18 December 2013 deadline for the decision.
The Department for Transport has asked the Planning Inspectorate to make available correspondence received by the Department after the close of the examination and referred to in its “minded to approve” letter, including a certificate issued by the Secretary of State for Environment Food and Rural Affairs in relation to the Section 127 application made by the applicant, two “minded to issue” letters from the Secretary of State for Energy and Climate Change in relation to the Section 127 applications made by the applicant (Centrica letter | EON letter) and a letter from the Crown Estate . The Department is not inviting representations on these matters.
On 25 July 2013 the Secretary of State set a new deadline for the decision on this application. For further information, please refer to the letter from the Department of Transport.
The Secretary of State has set a new deadline for the decision on this application. For further information, please refer to the letter from the Department for Transport
The Examining Authority has issued its recommendation to the Secretary of State. A decision will be published on or before 24 May 2013. Please note that the Examining Authority’s recommendation will also be made available at that point.
The Panel has concluded its examination of the Able Marine Energy Park application and has sent a letter to interested parties.
Now that the examination is closed the Panel will no longer be able to receive written representations and submissions about this application.
The Panel must prepare a report on the application to the relevant Secretary of State, including a recommendation, within 3 months of the end of the six month examination period. The Secretary of State then has a further 3 months to make the decision on whether to grant or refuse development consent.
Associated British Ports have written to the Secretary of State for Transport requesting an extension to the Examination period under S.98(4) of the Planning Act 2008.
View Associated British Ports Letter
Able Humber Ports Ltd responded to Associated British Ports letter to The Secretary of State for Transport on the 22 November 12.View Able Humber Ports Ltd letter
The Secretary of State for Transport has responded to Associated British Ports letter.View The Secretary of State for Transport Letter
Rule 17 letters have been issued by the Examining Authority to:
– Able Humber Ports Ltd on 15 November
– Able Humber Ports Ltd, Natural England, Environment Agency, Marine Management Organisation and Royal Society for the Protection of Birds on 15 November
– The Crown Estate on 16 November
Audio recordings of the Specific Issue Hearings held on the 12 November (4 parts) and 13 November (4 parts) have been published. The audio files are large and may take a while to download. Follow the link to the hearings page and click on the Issue Specific Hearing – 12-11-2012 tab, to access the recordings for the first day and click on the Issue Specific Hearing – 13-11-2012 tab, to access the recordings for the second day.
The agenda for the Specific Issue hearings to be held 21 and 22 November has been issued by The Examining Authority
East Riding of Yorkshire Council have accepted the planning application under the Town and Country Planning regime for the proposed wet grassland site at Cherry Cobb Sands.
The Indicative Document Index has been updated to include documents received by the Planning Inspectorate from 26 October up to and including those received before noon 09 November.
An Indicative Document Index has been produced to aid parties in identifying the latest documents that have been added to the website. This document will be next updated on the 19 November.
The agenda for the hearings to be held 12 and 13 November has been issued.
The site visit that was cancelled on 18th October has been rearranged for 14 November. Please see the Rule 16 letter issued on 25th October 2012.
The hearing due to take place tomorrow (18 October) has been cancelled. Matters due for discussion have been covered in the hearings that took place on the 16 and 17 October.
The Examining Authority has issued an agenda for the Specific Issue Hearings on Local Impact Reports and Road Transport 22 October 2012.
The Examining authority has issued a supplementary agenda for the compulsory acquisition hearings taking place on 16, 17 and 18 October.
The Panel have replied to a letter from the RSPB. This letter will be of interest to all parties as it provides explanation of recent changes to the examination timetable.
The Panel have issued an agenda for the Compulsory Acquisition hearings to be held on 16, 17 and 18 October.
A revised examination calendar has been published, updated to reflect recent amendments to the examination timetable. Please ensure that you view this in combination with recent Rule 13/8(3) letters.
Audio recordings of the Specific Issue Hearings held on the 11 September, 12 September, 13 September and on the 14 September have been published. The audio files have been split into parts to make it easier to download however please note that these files are large and may take longer to download on slower internet connections. Go to the hearings page and filter by the date of hearing to access the files.
The Examining Authority have issued a notice confirming that two proposed hearings scheduled to be held on 09 and 11 October will now not take place. The notice also confirms the details of forthcoming hearings in October.
Audio recordings of the Open Floor Hearings held on the 05 September at Hedon (MP3 81 MB) and on the 06 September at Immingham (MP3 68 MB) have been published. The audio files are large and may take a while to download.
The Examining Authority has issued its second round of written questions. Responses to these questions should be provided by the timetabled deadline of Friday 7 September 2012.
The Examining Authority have issued a notice confirming the details of hearings contained with the examination timetable along with an amendment to the timetable to allow more time for hearings in October; please see Rule 8(3) and Rule 13 letter for further information.
In addition we have produced the timetable in calendar format in order to assist understanding of the various deadlines and events.
The Panel have provided a response to a letter from Osborne Clarke relating to EIA Regulation 17. View the response
Please note that the Panel’s Rule 8(c) letter of 10 July 2012 only extended the deadline for comments on Written Representations and comments on Relevant Representations to Friday 3 August 2012 – all other submissions noted within the examination timetable as due for submission on Friday 27 July 2012 remain.
Audio recordings of the Specific Issue Hearing held on the 12 July 2012 for the draft Development Consent Order and draft Deemed Marine Licence have been published in three parts. The audio files are large and may take a while to download.
Please note that the examination timetable has been amended; please see Rule 8(c) letter for further information.
All Written Representations, Comments, Local Impact Reports and responses to the Examining Authority’s 1st round questions have now been published.
Letter issued on 4 July by examining authority dealing with the Specific Issue Hearing considering the draft Development Consent Order to be held on 12 July 2012.
The Examination Timetable (Rule 8 letter) has been sent to Interested Parties
Procedural decision following Preliminary Meeting
- Preliminary Meeting takes place
- Examination begins
The notification of Preliminary Meeting (Rule 6 letter) has been sent Read the letter
The letter also includes the draft Examination Timetable and Initial Assessment of Principal Issues.