The Department for Transport has made the Port of Tilbury (Expansion) (Correction) Order 2026, amending the 2019 development consent order for the Tilbury2 project. The instrument was made on 8 January 2026 and came into force on 9 January 2026. It addresses targeted drafting errors and omissions while preserving the substance of the original consent.
Under the Planning Act 2008, correctable errors in a development consent decision can be rectified where a written request is made within the statutory window and the relevant local planning authority is notified. The relevant period for an order granting development consent is six weeks from publication; the 2026 instrument records that these procedural steps were met. ([legislation.gov.uk](https://www.legislation.gov.uk/ukpga/2008/29/schedule/4/crossheading/correction-of-errors?utm_source=openai))
Policing terminology is tightened in article 2. The definition of “authorised officer” now expressly refers to a “Police Constable”; the separate definition of “a Constable” is removed; and a new definition confirms that a Police Constable means any constable appointed by the Company under section 154 of the Port of London Act 1968. This aligns the DCO with the statutory ports policing framework that applies at Tilbury. ([pla.co.uk](https://pla.co.uk/port-london-act?utm_source=openai))
Article 4 is corrected to reference section 5A(1) on the general duties and powers of the Company, and to capitalise “Company” in the inserted section 5AA(4) on the subordination of the Company’s functions to those of the Port Authority. Sections 5A and 5AA are treated as inserted into the 1968 Act by the Port of Tilbury Transfer Scheme 1991 Confirmation Order 1992 and underpin Tilbury’s operational remit. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/1992/284/schedule/4/made?utm_source=openai))
In article 3(13), the definition of “existing structure” used for disapplication provisions is corrected by substituting “water outfall” for “water intake”. The change removes a misdescription and links the exemption to the outfall infrastructure associated with the authorised development.
Article 12(1) is revised to make clear that the Order authorises the permanent stopping up of, and the provision of, new highways and private means of access. Schedule 4 is retitled to mirror that wording. This clarification supports implementation by the highway authority and land interests where replacement access is required as works are phased.
Article 41(3) adds the qualifier “significant” to the test for different effects arising from maintenance of the authorised development and operation of the Company’s harbour undertaking. The amendment clarifies the threshold for identifying departures from the effects assessed at decision stage.
Within Schedule 2 (Requirements), paragraph 11 is amended so that obligations apply where works are “constructed and/or operated”, and sub‑paragraph (b) is omitted. The updated phrasing removes ambiguity about when the requirement engages across construction and operational phases.
The 2019 Order, which granted development consent for Tilbury2, remains in force and is treated as corrected from 9 January 2026; the decision is not re‑made. Practitioners should read the 2019 Order as if corrected by the 2026 instrument from its commencement date. ([legislation.gov.uk](https://www.legislation.gov.uk/id/uksi/2019/359?utm_source=openai))