Representation by APT (Immingham) Ltd / HOTT Ltd (APT (Immingham) Ltd / HOTT Ltd)
- Date submitted
- 19 April 2023
- Submitted by
- Members of the public/businesses
1.1 This relevant representation is submitted on behalf of Associated Petroleum Terminals (Immingham) Limited (“APT”) and Humber Oil Terminals Trustee Limited (“HOTT”) in relation to Associated British Ports’ (“ABP”) application for a development consent order (“DCO”) for a new Roll-on/Roll-off cargo facility at the Port of Immingham, North East Lincolnshire known as the Immingham Eastern Ro-Ro Terminal Development (the “IERRT Development”). 1.2 HOTT is the licensee (from ABP) of the Immingham Oil Terminal Jetty (“IOT”) and lessee (from ABP) of the associated oil terminal and tank farm (“Oil Depot”). The IOT is immediately adjacent to the site of the proposed IERRT Development. APT operates the IOT and the associated Oil Depot on behalf of HOTT (HOTT and APT are referred to together in this representation as “the IOT Operators”). 1.3 The IOT Operators are joint venture companies owned equally by Phillips 66 Limited (“Phillips 66”) and Prax Lindsey Oil Refinery Limited (“Prax”). Phillips 66 is the owner of the Humber Refinery and Prax is the owner of the Lindsey Oil Refinery. 1.4 The Humber Refinery is a nationally significant piece of infrastructure and is one of the most complex refineries in Europe. It provides highly skilled and high value roles for 1,100 employees and contractors and injects over £200 million on an annual basis into the region’s economy. The Lindsey Oil Refinery is one of the most advanced refining and conversion processes in Europe and is highly valuable to the region’s economy and employs approximately 400 staff and another 400 contractors. 1.5 Together, the Humber Refinery and Lindsey Oil Refinery make up approximately 27% of the UK’s refining capacity. The importance of the refineries to the region and wider country’s economy is expressly acknowledged in a wide range of economic and development plan policy documents. Any prejudice to the continuing operation of Humber Refinery or the Lindsey Oil Refinery would be contrary to the public interest. 1.6 The activity of the IOT Operators is almost entirely in response to the requirements of Phillips 66 and Prax for marine movements of feedstock and products to and from the two refineries. The IOT Operators operate marine terminals and much of the pipeline system between the IOT and the refineries. 1.7 Vessel movements to and from the IOT are critical to the operation of the Humber Refinery and the Lindsey Oil Refinery. The IOT Operators have significant concerns about the IERRT Development from a safety and operational perspective. The IOT Operators are concerned that, as currently designed, the IERRT Development would be prejudicial to the IOT which could prejudice the continuing operations of the refineries. 1.8 The IOT Operators are primarily concerned with shipping and navigation effects of the IERRT Development which are listed in detail in their statutory consultation response dated 22 February 2022 and the supplementary consultation response dated 25 November 2022. These responses are summarised in Appendix L of the Consultation Report submitted with the DCO application (APP-034). The Applicant does not consider that these concerns have been adequately addressed by ABP. 1.9 The IOT Operators’ primary concerns relate to the adequacy of ABP’s Navigational Risk Assessment (NRA) and the actual effects on the IOT during both the construction and operational phases of the IERRT Development. 1.10 The IOT Operators’ concerns on the NRA relate to: (i) presentation of baseline and future navigation activities (during both construction and operation of IERRT); (ii) determination of safety thresholds / acceptability; (iii) risk assessment methodology (including risk matrix); (iv) identification and implementation of risk control / mitigation measures; and (v) results and outputs of the assessment. 1.11 The expected effects on the IOT during both the construction and operational phases of the IERRT Development include: (i) allision / contact between dredger / construction vessels / Ro-Ro and IOT infrastructure; (ii) collision between dredger / construction vessels / Ro-Ro and tanker vessels; (iii) impact on the IOT Operators’ Control of Major Accident Hazards safety case; and (iv) impact on upstream barge mooring buoy. 1.12 In response to these concerns, the IOT Operators have requested that specific mitigation measures must be delivered as part of the IERRT Development to address the shipping and navigation concerns raised. These are: (a) The relocation of the IOT finger pier or a solution requiring the IERRT Development’s outer-most berth (the northern berth of the northern pier) to be unused until such a time as alternative adequate arrangements have been put in place to reduce impacts on (safe) use by the IOT Operators of the finger pier; (b) The provision of adequate vessel impact protection during the construction and operational phase of the IERRT Development; and (c) A detailed marine liaison plan to be developed in conjunction with IOT Operators. 1.13 Without these measures, the IOT Operators will continue to have concerns regarding the impacts of the IERRT Development on the IOT. 1.14 The IOT Operators note that impact protection measures have been included as part of the application which will be controlled by Requirement 19 of the draft DCO. However, no technical detail on the extent or specification of these measures have been provided and ABP state that such measures are unnecessary. 1.15 The IOT Operators also note that protective provisions have been included in the draft DCO for the benefit of HOTT. The IOT Operators and their parent companies welcome the principle of those provisions. However, unfortunately those provisions do not adequately address the IOT Operators’ concerns and amendments will therefore be pursued to ensure that they are capable of avoiding serious detriment the IOT Operators’ undertaking. To do so, they must give effect to the specific mitigation measures outlined above (unless secured elsewhere in the DCO). The IOT Operators have previously requested that ABP’s solicitors provide an undertaking in relation to legal and professional fees incurred by the IOT Operators to enable the negotiation of those protective provisions. This request was made on 6 March 2023 and to date no response has been received from ABP’s solicitors. 1.16 Due to the concerns identified in the methodology employed for the IERRT NRA (as noted above and which have previously been communicated to ABP), and as the IOT Operators’ proposed mitigation measures (also as identified above) have been discounted by ABP, the IOT Operators have no other option, but to commission a detailed and independent NRA, completed in line with relevant guidance requirements, to ascertain the actual level of risk posed by the IERRT Development proposals to their operations, and clearly determine the mandate for future controls necessary to ensure navigation safety is maintained at acceptable levels and impacts to the IOT’s operations, infrastructure and vessels are tolerable. This will be submitted as part of the IOT Operators’ written representation during the examination of the application. 1.17 The IOT Operators reserve the right to make further representations as part of the examination process but in the meantime will continue to work with ABP with a view to reaching an agreed position on these matters, if possible.