Representation by CLdN Ports Killingholme Limited (CLdN Ports Killingholme Limited)
- Date submitted
- 4 December 2023
- Submitted by
- Members of the public/businesses
This Relevant Representation is submitted on behalf of CLdN Ports Killingholme Limited (Company Registration Number 00278815), whose registered office is 130 Shaftesbury Avenue, 2nd Floor, London, W1D 5EU (CLdN). Part of the CLdN Links group, a European integrated port, shipping and freight forwarding operator, CLdN is the owner of CLdN Ports Killingholme (Killingholme), a long-established Ro-Ro terminal operating 24 hours seven days a week, servicing an average 5.5 scheduled Ro-Ro ferry sailings a day from/to the northern continental ferry ports, including lines operated by its affiliated shipping operator CLdN RoRo SA and third party services operated by Stena Line BV. It is one of the UK’s major North Sea Ro-Ro terminals and alongside the ABP facilities at Immingham and Hull, CLdN operates a significant portion of existing Ro-Ro capacity on the river Humber. CLdN is a statutory harbour authority pursuant to the North Killingholme Haven Harbour Empowerment Order 1994 as amended by the Humber Sea Terminal (Phase III) Harbour Revision Order 2006. The statutory basis that underpins CLdN’s operations, and the potential for the Immingham Green Energy Terminal (the Project) to obstruct or interfere with access to CLdN’s statutory undertaking, should be afforded special consideration in the Examination of the proposed DCO. By a letter dated 20 February 2022, CLdN responded to the statutory pre - application consultation undertaken by Associated British Ports (ABP). By a letter dated 28 June 2023, CLdN also responded to a supplementary consultation undertaken by ABP. CLdN received a notice from the Applicant on 25 October 2023 confirming that the development consent order application (DCO Application) for the Project had been accepted for examination by the Planning Inspectorate. In accordance with the terms of that notice and section 56 of the Planning Act 2008, this letter constitutes CLdN’s “Relevant Representation” for the purposes of the DCO Application. This Relevant Representation outlines the main issues of concern that CLdN has identified about the DCO Application. However, the documentation submitted in support of the DCO Application is substantial and will take more time to evaluate more fully to inform full consideration. Furthermore, the Application pre-dates developments in respect of certain project details and assessments for the proposed neighbouring Immingham Eastern Ro-Ro Terminal (IERRT). Accordingly, CLdN reserves its right to submit more detailed representations in respect of the matters raised herein, as well as to make representations in respect of new matters, once the position relating to IERRT has, in particular, become clearer. Representations CLdN does not have an in-principle objection to the Project. However, CLdN is concerned to ensure that scheduled vessel sailings to and from Killingholme are not impacted by the construction or operation of the Project. The Applicant has explained that there will be an exclusion zone around the Project and that passing vessels will be subject to sailing speed restrictions. These will be an extension of those restrictions that currently apply for the Immingham Oil Terminal. CLdN wishes to understand the full extent of these restrictions, including the direct and indirect effects; and notes that they do not appear to have been assessed adequately in terms of their impact, including on other river users. In this respect, it is also noted that the Project was amended (the subject of the supplementary consultation) to reduce the marine elements of the Project from two to one berth. The Applicant has revised the estimated number of vessel calls down to 292 per annum, 12 of which will be ammonia carriers for the purposes of the hydrogen production facilities which are part of the Project and also the subject of the DCO Application. The DCO Application indicates that any development associated with additional vessel movements – for example for the transport of CO2 – would be subject to further consents, although it is not clear how this is to be secured. It is therefore apparent that although the vast majority of the marine-side capacity of the Project will not be associated with the Project, these future uses of the marine-side capacity of the Project do not fall within the scope of the Environmental Impact Assessment (EIA) or Navigation Risk Assessment (NRA) for the Project and, accordingly, they have not been assessed. The purpose and nature of the remaining 280 vessel calls per annum, or the type of vessels (including size, maneuverability and the cargoes they will carry, which could be hazardous), is unknown at this time. As a result, CLdN is concerned that the figure of 292 total annual vessel calls is unevidenced and relates to unknown uses and therefore appears arbitrary. The Applicant has explained (both in the NRA and in a response to CLdN dated 21 September 2023) that the safe and efficient functioning of the Project will be subject to the statutory duties of the Port of Immingham Statutory Harbour Authority (SHA) and the Harbour Master Humber. The inference is that the (un-assessed) impacts of future vessel movements will instead be subject to decisions made by the Immingham SHA and the Harbour Master Humber. Given the scale of the remaining substantial 280 vessel movements relative to the subordinate 12 vessel movements associated with the Project, CLdN believes that it would be inappropriate to defer assessment and determination of the impacts of the remaining 280 vessel calls until some unknown point in the future or, alternatively, that any development consent for the Project should be limited to the assessed 12 ammonia carriers required for the purposes of the hydrogen production facilities. It is not apparent from the Application what further navigation management measures may be necessary to enable other uses of the marine side of the Project by these additional 280 vessels. Exclusion zones and sailing speed restrictions that are today unknown will have the potential to impact significantly other vessel traffic on the Humber, including on scheduled services calling at Killingholme. CLdN is concerned that imposing additional sailing speed restrictions on the Humber will require vessels to increase sailing speeds on other segments of the passage to make up time in order to maintain the sailing schedule. CLdN vessels sail at lower speeds to reduce fuel consumption and CO2 emissions, which is fundamental to CLdN’s sustainability policies as a responsible operator. This would also impact negatively on emissions trading scheme levies. These issues are not accounted for or addressed in the Application. It is stated in the Application that the Marine Safety Management Plan and Port Marine Safety Management Plan will be updated to take into account the Project. By extension, it is assumed that these documents would be updated again in future to take account of other uses of the berth. These documents have not been provided with the Application, including detail on how they would be updated for future use. As a result it is not possible to ascertain what mitigations or restrictions will be put in place or be certain that such measures will not impact on other river users. Furthermore, notwithstanding their distinct statutory duties, the Port of Immingham SHA and the Harbour Master Humber are both part of the Applicant’s own organisation. The Harbour Safety Board is made up of the same natural persons as the Applicant’s own corporate board. There is no structural independence. These issues have been discussed at length during the examination of the neighbouring IERRT DCO application. It is CLdN’s understanding that other effects from the additional 280 vessel movements have not been assessed as part of the Project, including as respects traffic and transportation, ecology, noise and air quality. The Application – if a DCO is made – should not allow the possibility for incremental increases in road traffic or vessel activity without adequate assessment and controls secured in the DCO. CLdN would welcome further discussion with the Applicant on the matters covered in this Relevant Representation. At this stage CLdN considers that the impacts associated with future uses of the berth beyond the 12 annual ammonia vessel calls need to be set out and assessed, and consulted upon, in order for interested parties to understand those and communicate any concerns and secure protections for their statutory undertakings and established operations. Failing that, the DCO should impose controls that prevent unknown impacts arising in future without the necessary consultation and consenting, for example by limiting any development consent granted for the Project to the assessed 12 ammonia carriers required for the purposes of the hydrogen production facilities and providing protection for statutory undertakings and established operations. It should not be open to the Applicant to deliver unknown other / additional operations at / by virtue of the Project without proper assessment; or for the Applicant’s own organisation to make its own determinations in future.