Ports around
England and Wales will have a new planning framework to work in
when considering development, thanks to the launch of the
Government's new National Policy Statement (NPS) for the sector.
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.
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."
Notes to Editors
1. National Policy Statements (NPSs) are provided for by the
Planning Act 2008. The Infrastructure Planning Commission (IPC),
also created under that Act, will be required (subject to certain
statutory exceptions) to determine planning cases in accordance
with the relevant NPS, once it has been ratified after
consultation.
2. 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.
3. 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.
4. 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 (twenty-foot equivalent units) of containers;
- 250,000 ro-ro units; or
- 5M tonnes of bulk/other cargo.
These are 'nationally significant infrastructure
projects' (NSIPs) in the language of the legislation.
5. It is not expected that there will be many volume of ports
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; decision on a further
application, at Bristol, is under consideration.
6. The public consultation phase will close on 15 February. 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.
7. 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.
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