Associated British Ports seeks judicial review over Humber NSIP decision

A ports group is seeking a judicial review of the transport secretary's decision to approve the proposed Able Marine Energy Park (AMEP) on the south bank of the Humber under the regime for deciding Nationally Significant Infrastructure Projects (NSIPs).

The Humber estuary (picture by Dominic Goose)
The Humber estuary (picture by Dominic Goose)

Associated British Ports (ABP) had been proposing to use the "Triangle site" at Killingholme, adjacent to the port of Immingham, to develop the Immingham Western Deepwater Jetty (IWDJ), a fuel product import facility.

But the development consent order (DCO), which came into force at the end of October following a special parliamentary procedure, allows for the compulsory purchase of the land for developer Able’s proposed facility.

ABP has claimed that the process by which the DCO was granted was "seriously flawed" and that Able did not engage in the process of seeking a compromise that would allow both developments to go ahead.

A statement from the company said: "Able’s case for seizing ABP’s land and associated waterfront has always been weak and has only become weaker with the passage of time. ABP remains willing to work with Able and other stakeholders to find a solution that allows both AMEP and IWDJ to co-exist, avoids damage to the interests of the Port of Immingham and promotes the prospects for the Humber region which ABP is proud to be part of."

Able responded that ABP’s move showed "a blatant disregard for the planning process, for parliament, the overwhelming views of the local community, and is seriously damaging the economic development prospects of the South Humber Bank".

Able group development director Neil Etherington claimed that APB’s "primary interest" is in "defending the near monopoly position on port operations which the Humber has had to endure for so many years."

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