The Transport Committee has published a report with recommendations for how the Government could improve its draft revised National Policy Statement (NPS) for ports.

NPSs contain guidance that the Secretary of State is legally required to follow when deciding whether to approve planning applications for nationally significant infrastructure projects. They also act as a guide for developers, helping them to design projects that are likely to comply with regulations and policy.

The Government has said that its draft revised Ports NPS, published in June, supports the need for significant increases in port capacity over the next 30 years to accommodate trade, offshore energy development, and regional economic growth. It also aims to support decarbonisation and biodiversity and to clarify the relationship between port development and wider planning frameworks.

Ports are vital to the UK economy. 95 per cent of the country’s imports flow through ports, including food and energy. They support more than 728,000 jobs across the wider economy. The Government has called the ports sector a ‘foundational industry’ in its Industrial Strategy.

A summary of the report’s main recommendations is further down this release.

Transport Committee Chair Ruth Cadbury MP said:

“The ports sector was broadly supportive of the Government’s draft revision of the NPS, the first since 2012. There was particular appreciation for its continued presumption in favour of development, and its market-led approach to investment in this sector, which plays a vital role in trade, energy and economic growth. Our Committee shares the sector’s view that the Government should continue to drive towards a more streamlined, efficient planning process for port developments.

“It was very welcome to hear industry voices call for greater emphasis on how the NPS could be used to bolster modal shift, and to enable greater investment in grid capacity and infrastructure for shore power. The Committee was glad to see the sector showing leadership on reducing carbon emissions and, in effect, talking up the role ports could play in helping to decarbonise the UK’s wider system of freight distribution.

“The Committee also sides with those calling for ports to receive ‘Critical National Priority’ status. This would help the sector expand with the pace and certainty required as demand from imports and exports look forecast to rise, alongside increasing activity in building off-shore wind.”

Cathy Hall, Masterplanner at Associated British Ports, said:

“The National Policy Statement for Ports is a critical part of the policy landscape and the Committee has played a vital role in stress-testing this updated version. The UK’s ports are vital national assets, central to the resilience and prosperity of the nation. This inquiry helps embed the presumption in favour of port development that will keep ports fit for the future, able to respond to commercial imperatives, enable trade and unlock regional growth.”

Ports deserve Critical National Priority status

The Committee recommends that the Government should designate ports as Critical National Priority (CNP). This would create a presumption in favour of developments being given consent by the planning authorities and the Secretary of State. This would streamline planning processes and give greater confidence to investors.

Witnesses stated that ports are essential to supporting the construction of green energy infrastructure such as off-shore wind – which themselves have been given CNP status.

Modal shift and decarbonisation

The Government should revise the NPS to more clearly articulate the need for future port developments to enable modal shift. Examples of this could mean requirements to develop rail interchanges to join ports with rail infrastructure so that freight can be taken by train. Such a revision to the NPS 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.

The NPS can play a critical role in ensuring that port developments align with the UK’s broader climate commitments. The Committee says that the Government should strengthen the NPS to better support the provision of shore power and electric vessel charging infrastructure, recognising the critical interface between ports and the energy grid. The NPS should clearly set out expectations for planning authorities to facilitate grid upgrades and substation development where these would enable decarbonisation of shipping and port activity.

Following the Supreme Court ruling in the ‘Finch case’, the Government must undertake a thorough assessment of its implications for the NPS. Clear guidance must be inserted in the revised NPS on how emissions should be assessed for the purposes of Environmental Impact Assessments.

Port demand forecasts should include non-freight activities

The Committee’s report makes two recommendations to improve the NPS’s provision on forecasting future use of ports.

Demand forecasts should be regarded as indicative rather than definitive. This would allow for greater flexibility and responsiveness to evolving market conditions, technological developments and policy priorities.

For a more comprehensive approach to demand forecasting, which is crucial to informing the types and scale of developments needed at ports, the NPS should state that non-freight activities at ports need to be taken into account. Examples of other activities include passenger transport, offshore energy, cruises, decommissioning and shipbuilding.

What should ‘good design’ entail?

Witnesses said that the NPS as currently drafted needs to more clearly set out what ‘good design’ should entail. There were concerns that it could be interpreted as a requirement that new developments should be aesthetically attractive, rather than a more functional meaning that refers to ensuring safety and efficiency.

The Committee recommends that safety must remain the paramount consideration and that there are limits to what can be reasonably achieved in this respect in port development. The NPS must be clear that good design in this context is primarily in support of functionality and safety.

The report also makes recommendations about the content of the NPS regarding whether it should apply to projects directed into the development consent order process by section 35 of the Planning Act; how deemed marine licences should be applied to projects that have obtained development consent orders; and for less onerous provisions regarding dredging which are already strictly regulated through other mechanisms.
Source: Transport Committee, House of Commons, UK