An application was made by Able Humber Ports Limited on 16 December 2011 under section 37 of the Planning Act 2008 regarding a proposed development known as the Able Marine Energy Park comprising a quay of solid construction on the south bank of the River Humber at Killingholme, together with an ecological compensation scheme on the opposite bank at Cherry Cobb Sands.
An examining authority was appointed for the examination of the application on 13 April 2012 and the examining authority’s report was delivered to the Secretary of State for Transport on 24 February 2013.
I have been appointed by the Secretary of State for Transport to decide this application in line with the department’s guidance on propriety in quasi-judicial decision-making, so as to avoid any possible conflicts of interest which might arise from my other policy responsibilities.
Under sub-section 107(1) of the Planning Act 2008 the Secretary of State for Transport must make his decision within 3 months of receipt of the examining authority’s report unless he exercises his power under sub-section 107(3) to extend the deadline. If he exercises such power the Secretary of State for Transport must make a statement, to the House of Parliament of which that Secretary of State for Transport is a member, announcing the new deadline.
I have decided to set the deadline for the decision to 24 July 2013 (an extension of 2 months) in order to allow the applicant to negotiate terms of a lease of land that they require for the project with the Crown Estate who are the freehold owners of the land. This is to ensure compliance with section 135 of the Planning Act 2008 and the Crown Estate’s statutory duties. The decision to set a new deadline is without prejudice to the decision on whether to give development consent for this project.