National Policy Statements

Norman Baker Excerpts

Tuesday 29th November 2011 Commons Chamber

[The Parliamentary Under-Secretary of State for Transport (Norman Baker)]

I beg to move,

That this House takes note of and approves the National Policy Statement for Ports, which was laid before this House on 24 October.

It falls to me to introduce the motion because the Under-Secretary of State for Transport, my hon. Friend the Member for Hemel Hempstead (Mike Penning), the Minister with responsibility for shipping, is this evening hosting a reception on the occasion of the 27th assembly of the International Maritime Organisation.

The national policy statement sets out national policy which must be considered in determining whether development consent should be granted to port infrastructure projects that are examined by the Infrastructure Planning Commission or, with effect from next April, when it is intended that the Infrastructure Planning Commission will be abolished, the major infrastructure planning unit in the Planning Inspectorate. It is also intended that the national policy statement will stand as a material consideration for port developments below the capacity thresholds that are set out in section 24 of the Planning Act 2008, which fall to be considered by the Marine Management Organisation. The national policy statement applies to ports in England and Wales, but not in Scotland or Northern Ireland, where ports policy is devolved.

Members will know that the previous Administration consulted on a proposal for the national policy statement on ports between November 2009 and February 2010. Alongside and beyond this consultation, Parliament also undertook scrutiny of the draft national policy statement. Scrutiny in this House was undertaken by the Select Committee on Transport, which held three oral hearings, took written evidence and in March 2010 published a report of its findings with 22 recommendations and conclusions, to which the Government have responded. I would like to take this opportunity to thank members of the previous Transport Committee, including the then and present Chairman, the hon. Member for Liverpool, Riverside (Mrs Ellman), for the important work that they undertook, the thoroughness with which they approached it, and their readiness to do that within a relatively short period.

This debate is taking place because the Government have agreed with the House to anticipate, as we did earlier this year for the suite of energy national policy statements, the relevant requirements of the Localism Act 2011, which will not come into effect until next year. I will speak briefly about the Government’s planning reform agenda; the purpose of national policy statements; and the background to the Government’s ports policy and the need for new infrastructure, which is central to the national policy statement.

On the planning reform agenda, the Government are committed to making the planning system as a whole work better. “Better” means faster, fairer and easier to understand for all involved, including applicants and objectors, while of course giving due regard to environmental considerations. It most emphatically does not mean denying people a right to be heard. My ministerial colleagues at the Department for Communities and Local Government are satisfied that the system of engagement and consultation set up by the Planning Act 2008 fully secures that right, so we have not sought to modify that. Engagement with local people and their representatives from an early stage is crucial if applications are to come to the Infrastructure Planning Commission or Planning Inspectorate with the project as well defined as it can be, and with proposals for avoiding, mitigating and/or compensating for adverse impacts.

[Dr Julian Lewis (New Forest East) (Con)]

Is the Minister aware that after a year-long planning inquiry, a proposal for a massive container port at Dibden bay on the edge of the New Forest was turned down? I understand that there would not be provision for any such inquiry in the future. Can he assure me and my constituents that a streamlined planning process for such a proposal would be no more likely to be carried than it was under the previous, rather more detailed opportunities for challenging it?

[Norman Baker]

I do not believe that the change in arrangements makes that more likely, but obviously every application is considered on its merits and according to the circumstances that apply at the time.

The Government have set demanding targets for the consideration of what could be complex cases, but applicants and their consultees must contribute by thinking well ahead and ensuring that applications are fit for purpose. The Department recommends that ports should start in this spirit by consulting on port master plans. These are neither statutory documents, nor part of the formal Planning Act regime, but nevertheless they could help enormously to promote local understanding of what a port is trying to achieve and how best to avoid or mitigate adverse impacts. Master plans are not confined to large ports. Newhaven in my constituency is an excellent example of a port engaging thoroughly with its community in that way.

[Mr John Denham (Southampton, Itchen) (Lab)]

Paragraph 4.4.1 of the national policy statement states:

“Ports in England and Wales operate on commercial lines, without public subsidy and with investment from their own operating profits or from the private sector investors.”

Will the Minister assure me that the Government will uphold that policy rigorously and fairly, particularly given the desire of the port of Liverpool to use a publicly funded cruise terminal to compete with the privately funded cruise terminals in Southampton, which breaches the principle of fair competition?

[Norman Baker]

I am sure that it is Government policy to uphold all policies fairly, and I imagine that that is what my hon. Friend the shipping Minister and others will seek to do.

Where we have made a change is in the intention to abolish the Infrastructure Planning Commission so that, from next April, major project applications will revert to the Secretary of State for decision following consideration by the major infrastructure planning unit, which is to be set up within the Planning Inspectorate. That reinstates an important element of democratic oversight in the process, although I should make it clear that the Secretary of State intends to consider applications on the facts, on the advice of the major infrastructure planning unit, and in accordance with the national policy statement.

Another aspect of the Planning Act that we have retained is the principle that applications should not succeed if their adverse impacts outweigh their benefits. I do not believe that many applications will fail that test if they are thoroughly prepared in accordance with the national policy statement, but none the less this represents a robust safety net in case we fail to foresee any significant adverse impacts. The Infrastructure Planning Commission, and the major infrastructure planning unit that will succeed it, will not be a completely one-stop shop, but it nevertheless reduces the separate applications potentially required. Marine licensing, as set up under the Marine and Coastal Access Act 2009, streamlines previous licence and consent requirements, and associated development can now be fully integrated with the main application.

The purpose of national policy statements more generally is to provide a framework for preparing, considering and deciding planning applications. Therefore, this national policy statement does not purport to be a complete statement of Government policy as it relates to each and every aspect of ports. In essence, it is a planning document.

The UK is of course a trading nation, and well over 90% of our international trade by weight arrives or leaves by sea—the lion’s share of a total traffic of around 500 million tonnes a year. Ports are under-appreciated. They ply much of their trade behind high security fences, and even large ships can be surprisingly inconspicuous to those living in the port’s hinterland. We need port capacity to carry that trade and provide for coastal traffic, which can help to take lorries off our roads and reduce the incidence of pollution and congestion.

[Sarah Newton (Truro and Falmouth) (Con)]

I very much welcome the national policy statement and those statements that will have a positive impact on ports, such as Falmouth, set out in today’s national infrastructure plan. One helpful recommendation relates to the habitats directive and helping to balance the economic and social impacts of a port against potential impacts on habitats. It proposes setting up an industry body that would work with Ministers to review some of the over-zealous interpretations of the habitats directive and its impact on licensing port activities. Will the Minister shed some light on when that body will be set up and which industry bodies will be represented on it?

[Norman Baker]

I am afraid I cannot answer that question in detail, but I will ask my hon. Friend the shipping Minister to respond to it. We are determined to strike a balance between the sensible needs of a working port and respecting the natural environment as far as possible, and it would be quite wrong if one of those were able to triumph unduly over the other. We can strike a sensible balance in our arrangements, and my hon. Friend the Member for Truro and Falmouth (Sarah Newton) is right to raise the matter, so I will ensure that the shipping Minister writes to her with the answer that she has asked for.

[Mr Denham]

The Minister could unlock £150 million of totally private investment in Southampton’s container port next September if only he and his colleague’s officials cut through the red tape holding up that investment and the dredging of the River Test, which is necessary for large container ships. I am sure that he will not have been briefed on the issue, but I urge him to take it away and see what can be done to resolve it.

[Norman Baker]

I will happily take that issue away. It is important that we unlock private investment, that we help our ports and, at this particular time, as the Chancellor said today, bring forward investment where possible, so I will look at the problems that exist in the area and see whether they can be overcome. It may be that they cannot, but it is perfectly proper to raise the issue in the Chamber.

Ports are diverse. They cater for liquid-bulks, dry-bulks and break-bulks, ro-ro, including trade vehicles, and of course containers, and they play host to many kinds of warehousing, distribution and process activities. Their markets can be lively and volatile, and they need to be nimble in the short term to react to changing market conditions and patterns of demand, yet they must also plan for the long term. Port infrastructure is long-lived, lasting 20, perhaps 30, years and more, so it is important that such decisions are taken carefully, with full regard to all their significant consequences.

In the short term, the ports industry is well placed to respond to economic recovery. The first phase of Hutchison’s Felixstowe South project is already open, and that will help to secure the nation’s ability to accommodate the largest container vessels; we have seen the announcement by Dubai Ports World that it plans to complete the first phase of the London Gateway container terminal by the end of 2013; ABP Southampton, to which the right hon. Gentleman perhaps alluded, is pressing ahead with its own expansion plans; and other ports, including Bristol, Teesport and Mersey, already have consent for development.

We cannot afford to be complacent, however. Investors in ports need to be able to plan development for every type of traffic, and to do so in a planning context that is stable and well understood. Equally, ports’ neighbours need to know how their essential interests will be protected through the planning system.

The national policy statement brings together established policy for ports and established policy for mitigating their adverse impact. The fundamental policy that we set out in the ports national policy statement is market-led, building on the success of the industry since it was freed from the constraints of state ownership and the national dock labour scheme. Port operators are best placed to decide the type of facilities they need, so this is a non-location directive national policy statement, and I make no apology for that.

At the same time, development must be in sympathy with the environment, including the marine environment —to pick up the point that my hon. Friend the Member for Truro and Falmouth made. The national policy statement sets out in some detail how that translates into requirements for planning applications and their accompanying environmental statements. Unless there is provision for sufficient capacity, disruption at major ports has the potential to translate very quickly into serious disruption to people’s everyday lives.

The national policy statement expresses confidence that the ports industry, with each owner/operator taking its own commercial view, will deliver the resilience that the country needs against disruption, and the national policy statement is very clear that the planning system should give weight to delivering that important resilience.

Finally, in completing the national policy statement, we have been fully conscious of the fact that ports are nodes in a network, and that connecting infrastructure is essential to their success.

[Jim Shannon (Strangford) (DUP)]

The Minister said that authority over, and responsibility for, ports is devolved to Northern Ireland, the area that I represent, so from a ports point of view, what is the relationship between Westminster and Northern Ireland? In other words, do we have continuity of strategy and parity so that the relationship between the mainland and Northern Ireland is real and we all benefit?

[Norman Baker]

I assure the hon. Gentleman that there are, indeed, well established and close links between the Department for Transport and the devolved Administrations in Scotland, Wales and Northern Ireland. We certainly draw attention to and discuss with the devolved Administrations any issue that appears to have importance outside the English coastline, as it were, so I hope that that reassurance satisfies him.

Several consultees, as well as the Transport Committee, argued that the national policy statement on ports should be designated alongside the launch of our consultation on the proposal for a national networks national policy statement. I have some sympathy with those arguments, but so much of transport policy is interconnected that one could make a case for linking many other documents in this way, and the practicalities do not always work out. In the Government’s response to the Transport Committee’s recommendations, we explained why we are confident that both national policy statements will work as free-standing but mutually consistent statements.

Our reforms to the major infrastructure planning process will ensure that there is a concise framework for development that can be readily understood by all those involved in the planning system. Ministers will be responsible for decisions to consent or to refuse major infrastructure development, thus closing the circle of democratic accountability. I look forward to listening to contributions and responding to issues raised during the debate. I commend the national policy statement on ports to the House.