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ABP claim against Able Marine Energy Park "unarguable" states High Court

4C Offshore | Lewis Holdsworth
By: Lewis Holdsworth 04/02/2015 Able Ports
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.  

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