The government’s response to a recent consultation means that ports are likely to gain new planning powers.
Permitted development rights
Some port operators already benefit from permitted development rights allowing them to carry out certain development without obtaining planning permission, i.e. development required: (a) for the purposes of shipping, or (b) in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods (etc).
Faster response
However, it is now proposed to speed up the planning process and allow ports to respond more rapidly to new demands, for example by building new facilities.
The intention is to align port operators’ rights with those of airports, e.g. for the development of ‘operational buildings’ for purposes connected with the provision of services and facilities which would then allow the use of buildings for purposes connected with sea port services and other sea port-related activities (as opposed to the narrow scope of the powers above).
It is intended that these new rights will be in place by April 2021.
Additional legislation for ports to be aware of
Port operators will need to take care however to ensure that the development covered by the proposed new permitted development rights is not prohibited by Habitats or Environmental Impact Assessment legislation (likely to cause harm to the environment – for which special procedures apply) and that it is not contrary to a condition on an existing planning permission.
Local Development Orders
In addition the government has reviewed the position in respect of Local Development Orders, which grant permission for certain types of development specified in the order. Whilst the government wishes to see a greater use of LDOs, they acknowledge that there local authorities face resource constraints.
This remains an option for ports that intend to carry out development, but require flexibility in the type and delivery of that development – our team has experience of assisting with the delivery of LDOs with a local authority.
Speeding up the planning process
Some ports will be pleased to note that as a result of a number of consultation responses in respect of “burdensome environmental regulations which often cause unnecessary delays in the planning process with little to no environmental benefits” the government intends to design a quicker, simpler framework for assessing environmental impacts and enhancement opportunities which speeds up planning processes while delivering better environmental outcomes.
Whilst the consultation response does not make it clear, it is anticipated that this will relate to marine consents as well as terrestrial planning permissions.