Westminster Policy News & Legislative Analysis

North Lincolnshire Green Energy Park correction order 2026

The North Lincolnshire Green Energy Park (Correction) Order 2026 was made on 14 May 2026 and came into force on 15 May 2026. According to the statutory instrument, its purpose is to correct errors in the North Lincolnshire Green Energy Park Order 2025, the development consent order that authorised the project under the Planning Act 2008. That distinction is important for readers following the scheme. This is not a fresh grant of consent, a reopened examination or a change in planning policy. It is a follow-on legal instrument used to amend drafting in an existing development consent order.

The Department for Energy Security and Net Zero states that the Secretary of State acted under section 119 of the Planning Act 2008 and paragraph 1 of Schedule 4, the statutory process for correcting errors in a development consent order. The instrument records that the applicant submitted a written request within the relevant period required by the Act. The order also confirms that the Secretary of State informed the relevant local planning authorities that the request had been received. The authorities named are Bassetlaw District Council, East Riding of Yorkshire Council, City of Doncaster Council, North Lincolnshire Council, Lincolnshire County Council, North East Lincolnshire Council, Nottinghamshire County Council and West Lindsey District Council. For planning professionals, that procedural chain matters because it shows the correction power being used in the way Parliament intended.

The drafting change itself is narrow but legally specific. The text reproduced in the correction instrument inserts two paragraphs so that section 25 of the Burial Act 1857, dealing with removal of bodies from burial grounds, and section 3 of the Burial Act 1853, dealing with burial after an Order in Council for discontinuance, do not apply to a removal carried out in accordance with the relevant article of the 2025 Order. In plain English, the correction appears to restore or complete burial-related disapplication wording in the original DCO. In a large infrastructure consent, that kind of amendment can be short in form but still significant in legal effect, because it determines whether project powers operate as intended when the authorised works are taken forward.

This is where the Planning Act 2008 process matters beyond the wording of a single project. Development consent orders are lengthy statutory instruments, often with dense cross-references to older legislation on highways, compulsory acquisition, environmental controls and burial law. A missing paragraph or omitted disapplication can create uncertainty for the promoter, affected landowners, local authorities and any court later asked to interpret the order. Schedule 4 exists to deal with that problem without reopening the planning merits of the project. It is a correction mechanism, not a second decision on whether the development should have been approved. That keeps the legal text accurate while preserving the finality of the original consent.

On the face of the instrument, the change does not alter the project's headline parameters. There is nothing in the correction order or explanatory note to suggest any revision to the scheme's generating capacity, site boundary, principal works or wider development consent. The explanatory note is framed narrowly, saying that the order corrects errors identified in the 2025 DCO following a request under Schedule 4. The practical effect is therefore more focused. Where a project needs express statutory cover for removal activity linked to burial provisions, clear disapplication wording can matter for lawful implementation. That may remove doubt for delivery teams and public authorities even if it does not, by itself, change the overall construction programme.

There is also a governance point in the timing. The correction order was signed by John Wheadon, Head of Energy Infrastructure Planning & Innovation at the Department for Energy Security and Net Zero, on 14 May 2026 and took effect the next day. That rapid commencement is consistent with a targeted correction instrument once the statutory steps have been completed. For readers tracking nationally significant infrastructure projects, the main takeaway is straightforward. The North Lincolnshire Green Energy Park consent remains in place, but the legal text has been tightened in one defined area. The issue here is not a change of planning judgment; it is the routine but important use of the Planning Act 2008 correction power to remove ambiguity from the order.