Evolving Ports and Policies

A Changed Planning Regime (2011)

Ports depend on an efficient planning regime. As a result of the 2008 Planning Act and the 2009 Marine and Coastal Access Act, there have been major changes for the way licensing and development applications are dealt with. The most significant change is the creation of the Marine Management Organisation (MMO) which now deals with all marine licensing and Harbour Revision Order applications with the exception of the very largest projects which will be considered by the successor to the Infrastructure Planning Commission. Port applications are now considered in the context of the UK Marine Policy Statement issued in April 2011 and in the yet to be designated Ports Policy Statement. Other relevant initiatives include marine planning whereby the whole of the UK coast will have its own regional marine plans detailing activities, protected areas and proposed developments. This will provide considerably more data about the impacts of marine commercial activity with the intention of producing greater planning certainty for developers adn greater involvement of local communities. Similar legislation has been passed in Scotland and is in the pipeline for Northern Ireland.

National Ports Policy Statement (2009)

The requirement for ports to have a National Policy Statement was the result of the 2008 Planning Act which required a number of national statements, including Marine Policy, Energy and Transport Networks. The draft Statement, which is earmarked for designation in late 2011, endorses the market led approach to ports policy and also includes, for the first time on a national basis, forecasts for bulk, ro-ro and container traffic up to 2030. The forecasts will feed into the national planning process and provide the framework within which ports will make development proposals.

Port Marine Safety Code V2 (2009)

This was launched in October 2009. The revised Code brought out much more clearly the vital role of port boards as the ‘duty holder’ ultimately responsible for navigational safety. The role of the Designated Person, the link between port operations and the board, was also clarified. There was some revision to the Guide to Good Practice which is very much a living document, regularly updated to reflect MAIB recommendations as well as examples of good practice within the industry. A copy of the PMSC V2 can be found here.

Modernising Trust Ports 2 (2009)

This was launched in August 2009. The main difference between this and the original version was a much stronger emphasis on commercial accountability. The Guidelines introduced a requirement on trust ports to identify the value created as a result of trust port status – the ‘Stakeholder Benefit’. There was also a recommendation thath ports should produce key performance indicators. For the larger trusts above the privatisation threshold, there was requirement that they should look at their corporate structures and report on them to the government by April 2010. A copy of Modernising Trust Ports V2 can be found here.

Ports Policy Review – Interim Report 2007

This was a culmination of a year long consultation. Its main findings were that:-

• The government would commission demand forecast every 5 years to inform the planning process.
• Ports would be recommended to use masterplans using a template to be agreed with the industry.
• Trust ports would be further modernised thorugh new guidelines and
• Make recommendations on safeguarding port land.

A copy of the Ports Policy Review can be found here.

The Eddington, Stern and Barker Reports (2006)

• These three Treasury-sponsored reports examine transport policy, climate-change and the planning system; and consider their impacts on the UK economy
• Eddington focused on the importance of international gateways and good landside connections from ports and airports.
• Stern identified the creation of a price for carbon as a key task in halting climate change.
• The Barker report argued for the creation of a new Independent Planning Commission structure to consider major developments.

Scottish National Transport Strategy (2006)

• The NTS forms the basis of a holistic approach to promoting transport in Scotland, with the aim of facilitating economic development.
• The strategy recognises the importance of ports as key international gateways for goods and people into the Scottish Economy, and as key links in the chain of life-line services.
• The NTS reinforced a market-led port industry and the importance of commercially-viable development without distorting subsidies.

House of Commons Transport Committee Inquiry into Ports (2006)

• The Transport Committee, whilst continuing to support the main elements of the ‘Modern Ports’ approach also advocated more central planning of port capacity
• This was particularly aimed at encouraging port development away from the Greater South East of England

Project Appraisal Framework for Ports (2003)

• Provides guidance to promoters of port developments and those affected by them.
• Formalises the information required to support planning applications.
• Supports the “case by case” approach to port developments.

House of Commons Transport Committee Inquiry into Ports (2003)

• Generally supportive of the “Modern Ports” approach, although recommends a return to a national planning strategy, particularly for large developments.
• Identifies the need for better statistical information.
• Underlines the need for improved hinterland links.

EU Ports Package (2001)

• Sets out the European Commission’s ports policy across a range of competition, financing and service provision issues.
• Analyses the influence of state aid.
• Proposes formalisation of the tendering process for service providers.

Modern Ports: A UK Policy (2000)

• Sets out the broad aims of government – the first such paper for over 30 years.
• Concludes that “Government does not run the ports industry. Government does not decide the port industry’s commercial strategy or direct or fund its investment”.
• Supports best environmental practice, improving safety and making the best us of existing infrastructure.

Trust Ports Review (2000)

• Conducted in close consultation with the industry resulting in “Modernising Trust Ports – a Guide to Good Governance”.
• Sets out standards as a benchmark for all ports.
• Encourages the development of an open and accountable relationship between ports, their users and local communities.

Port Marine Safety Code (2000)

• Sets out agreed standards for safe marine operations.
• Requires each harbour authority to produce a periodic statement on how it discharges its navigational safety duties.
• Has led to the development of national standards for pilots, harbour masters and Vessel Traffic Services operators.