The latest rejection of Associated British
Ports’ attempts to block the Able
Marine Energy Park on the South Bank of the Humber means
‘it is surely time for them to recognise the game is up.’
That was the reaction today of Peter Stephenson, Able’s Executive Chairman,
to the decision by Mrs Justice Patterson to refuse the application by ABP,
seeking a Judicial Review of the decision of the Secretary of State for
Transport to grant a Development Control Order for the
AMEP project
which is set to create over 4,000 direct jobs and play a crucial role in
establishing the Humber as the UK’s ‘Energy Estuary’ and a world leader
in attracting renewable energy industries.
In her decision Mrs Justice Patterson found against ABP on all the grounds
it put forward in applying for Judicial Review…describing their claim
as ‘unarguable.’
Said Mr Stephenson “Their
claims surrounding the so-called Killingholme Triangle…the small area
of land which is needed for AMEP…have
now been rejected by the hugely detailed and lengthy planning process,
overseen by senior planning inspectors, a Government Minister, a Joint
Parliamentary Committee—and now by the High Court.’
“Every other interest on the Humber—including the Local Enterprise Partnership,
the local business community, local authorities, local Members of Parliament
and their constituents—have looked on in despair as time after time a
development of such importance to the area has been delayed and put in
jeopardy by the actions of a single company.
“ABP can now seek to challenge Mrs Justice Patterson’s comprehensive
rejection of their arguments through an oral hearing but that would once
again delay AMEP
and yet again highlight that ABP are more concerned with defending their
near monopoly position on the Humber against the interests of the whole
region and the UK for that matter.”
ABP brought the claim to the
High Court seeking a Judicial Review (JR) of the Secretary of State for
Transport’s decision to grant a Development Consent Order (DCO) in respect
of the proposed Able Marine Energy Park (AMEP) on the South Bank of the
Humber at Killingholme.
Back in December
4C reported on this story and
at that time the Joint Committee of both Houses of Parliament had just
finished consideration of an appeal by ABP to revoke the DCO. The
Joint Committee determined that the Secretary fo States decision was correct,
dealing yet another blow to the prospects of any compromise between ABP
and Able.
ABP regarded the
process by which the DCO was granted as being seriously flawed and claimed
that while the UK as a whole has been successful in attracting key elements
of the offshore wind supply chain, the anticipated demand for AMEP has
failed to materialise. It accused Able
of failing to engage in a compromise, and claimed that ABP and its partners
have invested and committed to invest nearly £500 million in new facilities
at its Humber ports, which will result in over 1000 new jobs for the region.
ABP went on to state Given the
fundamental importance of the Triangle site to the Port of Immingham, and
Able’s unwillingness to engage in a compromise, ABP has concluded that
it had no alternative but to seek a Judicial Review of the Secretary of
State’s decision to approve the seizure of ABP’s land and associated
waterfront.