The Department for Transport has issued a correction to the Port of Tilbury expansion development consent. The Port of Tilbury (Expansion) (Correction) Order 2026 was made on 8 January 2026 and comes into force on 9 January 2026. The Secretary of State used the Planning Act 2008 Schedule 4 power to correct errors following a written request from the applicant and notification to the relevant local planning authority.
Interpretation provisions in article 2(1) are amended to regularise policing terminology. The definition of authorised officer now includes the word ‘Police’ before ‘Constable’, the separate definition of ‘a Constable’ is removed, and a new definition of ‘a Police Constable’ is inserted. A Police Constable is defined as any constable appointed by the Company under section 154 of the 1968 Act.
Article 3(13), which governs disapplication of certain legislation, is corrected so that in paragraph (b) of the definition of ‘existing structure’ the term ‘water outfall’ replaces ‘water intake’. This ensures the correct feature is captured by the provision.
Article 4 (application of enactments relating to the Port of Tilbury) is tidied to align cross‑references and defined terms. Paragraph (2)(a)(i) now refers to section 5A(1) on the Company’s general duties and powers, and paragraph (6)(d) corrects the capitalisation in the treated‑as‑inserted section 5AA(4) so that ‘Company’ matches the defined term.
Highways powers are clarified in article 12(1). The provision now refers to the permanent stopping up of, and provision of, new highways and private means of access, rather than only stopping up. The heading to Schedule 4 is amended on the same basis. In practice, the Order therefore authorises both closures and the creation of replacement or new connections required by the scheme.
Operational drafting in article 41(3) is refined by inserting the word ‘significant’ after ‘different’. The change narrows the reference so that only significant differences are relevant to the maintenance and operational control framed by that article.
Within Schedule 2 (requirements), paragraph 11 is amended so that works may be ‘constructed and/or operated’ rather than ‘constructed and operated’. Sub‑paragraph (b) is omitted. The adjustment provides greater drafting flexibility in how the requirement is satisfied.
The Department for Transport records that the Secretary of State acted under section 119 and paragraph 1(4) and (8) of Schedule 4 to the Planning Act 2008. The instrument is signed by Natasha Kopala, Head of the Transport and Works Act Orders Unit, on 8 January 2026.
For practitioners, this is a limited housekeeping instrument. Port security arrangements should adopt the updated ‘Police Constable’ terminology for company‑appointed constables under the 1968 Act. Highway authorities and affected landowners should note the clarified scope for stopping‑up and the explicit ability to provide new routes under Schedule 4. Project registers, maintenance plans and legal cross‑references should be updated; the 2019 development consent remains in force as corrected from 9 January 2026.