Ground-breaking and innovative agreement reached between the Port of Tyne and South Tyneside Council.
11th December, 2023
Ward Hadaway have assisted the Port of Tyne ("the Port") in developing an innovative and efficient consultation process with the Local Planning Authority ("the LPA"), South Tyneside Council, regarding permitted development.
A protocol between the two parties has been agreed to facilitate a close and positive working relationship and to support the Port’s economic role in South Tyneside and beyond. The protocol sets out the steps to be taken during the consultation process, what this means and the envisaged result.
Why was it needed?
In April 2021, the legislation governing permitted development rights of ports specifically was amended, requiring ports to “consult” with their LPA prior to carrying out permitted development. The only exception to this is for permitted development that is urgent and small scale (not exceeding 4 metres in height or 200 cubic metres in capacity).
The government gave no guidance as to what was meant by ‘consult’ for this purpose. Consequently, ports and LPAs have been left to determine this on their own. The protocol drafted by Ward Hadaway sets out the agreed requirements for consultation, including limitations on that general consultation requirement. This enables more efficient consultation, removing the potential barriers traditionally associated with obtaining planning permission and expediting the whole process.
How has it been helpful?
The protocol has helped the Port’s already close working relationship with South Tyneside Council flourish. The LPA will identify a dedicated planning officer for the Port, who will be the Port’s first point of contact when carrying out permitted development. As a result of this the Port will be able to consult with the LPA directly, reducing the timely process of filling out various planning permission applications for various parties.
The protocol also facilitates the prompt acceptance of permitted development. Not only does this reduce the administrative burden on both parties, but it also encourages growth within the Port. The protocol will play a vital part in attracting new companies to the Port, allowing the Port to take advantage of rapidly expanding sectors such as the off-shore wind sector, whilst also creating job opportunities. The protocol will help to assure new companies establishing themselves on the Port that their development requirements will be dealt with promptly and efficiently. The positive economic impact that this will have will be vast, benefitting South Tyneside and the surrounding areas.
As far as the parties are aware, this is the first such dedicated protocol to be agreed between a port and LPA since the change to permitted development rules.
Victoria Beattie, Head of Estates at the Port of Tyne said: “The port and South Tyneside Council enjoy a fantastic working relationship and together we can achieve great things.
“The protocol will provide assurance to new businesses locating on the port that their requirements will be dealt with in a timely, efficient way and it will provide a fantastic addition to our ever-expanding armoury to attract new renewables companies to the port, creating highly-skilled new jobs in a rapidly expanding sector.
“Ward Hadaway’s assistance in securing this innovative planning solution has been invaluable.”
What we can do for you
Ward Hadaway has a large, dedicated planning team that sits as part of our wider Transport and Infrastructure sector group. We have experience in all aspects of port planning. If you are a port authority or port user interested in exploring ways to streamline your planning and interaction with your LPA, please get in touch with our team.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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