New framework for UK port development

The new NPS, which is subject to public consultation, sets out the broad need for additional ports capacity up to 2030 and beyond, taking such things as freight demand forecasts and the economic benefits of ports into account.

The document builds on existing Government policy, which is that the need for ports capacity can best be met with an efficient and competitive industry working in a free market environment. This new document also includes wider Government objectives for sustainable development, covering issues such as climate change considerations and the wider environmental impact of port development.

This is one of the first National Policy Statements to be published, in line with the wider Government reforms to the planning system included in last year’s Planning Act. The NPS is designed to provide a clear framework for both port developers and the new Infrastructure Planning Commission (IPC). It will play an important part in any decisions taken by the Commission when considering applications for new developments.

UK shipping minister Paul Clark said, ‘With over 90% of all goods arriving in the UK by sea, our ports currently employ over 54,000 people and clearly play a crucial role in the daily life of everybody in this country. While it is completely right that ports are free to operate on a commercial basis, any planned development clearly needs to be considered carefully to ensure local and environmental issues are properly taken into account. This new document will make it easier for those wishing to invest in ports development to submit planning applications, as well as providing an important framework for the IPC to use when considering them.’

From 1 March 2010 until the NPS has been ratified, the IPC will accept applications and will operate in ‘recommending mode’, with the Secretary of State determining applications in the light of the IPC’s advice.

Under the present system, harbour developments are subject to harbour revision or empowerment orders under the Harbours Act 1964. In some cases additional planning consents under Town and Country Planning legislation, and/or the Transport and Works Act, are required in parallel. The new system will simplify applications by providing for these consents to be combined in one Development Consent Order.

This NPS will apply to ports in England and (since ports policy is not devolved there) Wales. Planning applications will be referred to the IPC where the annual capacity of the proposed development exceeds 500,000 teu, 250,000 ro-ro units or 5m tonnes of bulk or other cargo. These are ‘nationally significant infrastructure projects’ (NSIPs) in the language of the legislation.

It is not expected that there will be many such applications to the IPC initially. Over recent years, planning permission has been given for a series of major container developments including at Felixstowe, Bathside Bay (Harwich), London Gateway, Liverpool and Teesport. A decision on a further application at Bristol is under consideration.

The public consultation phase will close on 15 February 2010. After that, consideration in Parliament by the Commons Select Committee on Transport will continue. The Committee is expected to report by the end of March. It is also open to either House of Parliament to make a resolution with regard to the proposal to designate the NPS.

Following Royal Assent to the Marine and Coastal Access Bill, ports applications below the IPC thresholds will in future be dealt with by the Marine Management Organisation (MMO) which is to be established in Tyneside. The MMO will also advise the IPC on marine spatial planning matters and on certain deemed consents.

The UK’s Freight Transport Association (FTA) welcomed the long awaited National Policy Statement for ports. The leading trade body believes that the draft statement should pave the way for much-needed port development, thereby securing a brighter future for the UK’s economy.

Christopher Snelling, the FTA’s Head of Global Supply Chain Policy said, ‘It is very pleasing that this document recognises the importance of improved port infrastructure in making the UK a good place to do business. It correctly projects that massively increased container capacity will be required by the UK in the years to come. Particularly pleasing is the recognition that capacity should ideally be greater than the level of demand. This would help make UK port operations more competitive and provide greater resilience in the UK supply chain when disruption occurs.’