National Policy Statement for Ports

We welcome the revision of the National Policy Statement for Ports and the Government’s intention to review NPSs more regularly in future to ensure they remain fit for purpose. We note stakeholders’ broad approval for the direction of travel set out in the draft revised document and the support it will provide to development in the sector. (Conclusion, Paragraph 10) Port demand forecasts

The sector’s view is that port freight demand forecasts should be regarded as indicative rather than definitive. We agree. This approach will allow for greater flexibility and responsiveness to evolving market conditions, technological developments and policy priorities. To support a comprehensive and future-proof approach to port development, non-freight activity should also be considered alongside freight in all relevant modelling and policy development. (Conclusion, Paragraph 16)

Port freight demand forecasts are best used as a guide to inform planning and investment decisions, rather than as rigid constraints. The Government must also ensure that future port demand forecasts incorporate non-freight activity. (Recommendation, Paragraph 17) Interaction with wider planning policy

Ports are indispensable to the UK’s supply chain both for import and export of goods, and for development of energy infrastructure. Without their efficient operation, resilience and continued development, energy security and economic growth cannot be realised. (Conclusion, Paragraph 38)

By the Government’s own admission, the ports sector is a “foundational industry.” The Government should grant ports Critical National Priority status to reinforce the primacy of port infrastructure and its essential function in the supply chain, and in enabling energy developments. (Recommendation, Paragraph 39) 31

To remove scope for ambiguity, the Department should amend the wording of the draft revised National Policy Statement for Ports to explicitly confirm its applicability to projects directed into the Development Consent Order process under section 35 of the Planning Act 2008. (Recommendation, Paragraph 44) Design policy

Ports are functional environments, where safety must remain the paramount consideration. We understand the desirability of aesthetic quality, especially for landscapes and surrounding communities, but we share the concern of stakeholders that there are limits to what can be reasonably achieved in this respect in port developments. The National Policy Statement for Ports must be clear that good design in this context is primarily in support of functionality, safety, and minimising environmental impact. (Recommendation, Paragraph 50) Decarbonising ports

If stakeholders within the maritime sector do not believe that the draft revised Ports National Policy Statement is sufficiently clear in promoting modal shift, then the Government has failed to communicate its stated intention. (Conclusion, Paragraph 57)

The Government should revise the draft National Policy Statement for Ports to articulate more clearly how ports interface with other freight modes, ensuring that planning authorities actively consider modal shift in their decision-making. This should reflect the strategic role of ports in enabling integrated, low-emission freight networks and support the Government’s wider priorities on modal shift and achieving net zero. (Recommendation, Paragraph 58)

Decarbonising the maritime sector is a complex and long-term challenge that requires coordinated action across government, industry and planning frameworks. While the National Policy Statement for Ports is not the vehicle for setting decarbonisation policy, it plays a critical enabling role. By embedding decarbonisation considerations into planning decisions, the NPS can help ensure that future port development aligns with the UK’s broader climate commitments. (Conclusion, Paragraph 64)

The Government should strengthen the National Policy Statement for Ports to better support the provision of shore power and electric vessel charging infrastructure as decarbonisation options, recognising the critical interface between ports and the energy grid. It would also assist in reducing pollution from ships which affects nearby communities. The NPS should clearly set 32 out expectations for planning authorities to facilitate grid upgrades and substation development where these would enable decarbonisation of shipping and port activity. (Recommendation, Paragraph 65) Environmental obligations

The Development Consent Order process is designed to streamline planning and accelerate the delivery of nationally significant infrastructure projects, including by mitigating the risk of legal challenge. The revised NPS should therefore include guidance to ensure that port developments are consistent with the UK’s statutory climate targets and are adaptable to future technological and regulatory changes. (Conclusion, Paragraph 70)

The Government must undertake a thorough assessment of the implications of the Finch judgment for the National Policy Statement for Ports and, where necessary, amends the draft revised NPS to ensure it is legally robust and fit for purpose in reducing the potential for judicial review. Clear guidance must be inserted in the revised NPS on the implications of the ruling, and on how emissions should be assessed for the purposes of Environmental Impact Assessments. (Recommendation, Paragraph 71)

The Development Consent Order process is meant to streamline the planning approval process for nationally significant infrastructure. To achieve this and to reduce duplication of regulatory burdens, the National Policy Statement for Ports should contain similar provisions on deemed marine licences to those in the NPS for renewable energy infrastructure. The provisions about dredging should also be made less onerous, given its strict regulation through other mechanisms. (Conclusion, Paragraph 84) 33