Thames Freeport - Britain's Trading Future

[ 41 ] Masons’ and DP World’s experience of the Local Development Order (LDO) system used for the 2013 London Gateway Logistics Park LDO can do the same. Government has said that freeports could be the test bed for piloting planning reforms; modernising the LDO system, which will be important for some freeports, could usefully be a particular focus. As encouraged by the Government in its freeports prospectus and consultation documents, freeports will be looking to work with local authorities on the use of LDOs where appropriate to facilitate a range of uses across the port estates involved. However, despite the relative flexibility and ease of process found in the existing LDO regime, there has not been great take up of LDOs by local planning authorities (LPAs) who can lack the understanding, resources and experience to take them forward. While Thurrock Council has had relatively recent experience in successfully bringing forward the LDO for the London Gateway Logistics Park, those resourcing challenges do still exist. Added to the fact that the Government hopes to use LDOs on freeport sites across the country, there are refinements that could be made to the LDO regime which would facilitate their greater and more effective use. Pinsent Masons advises that the following changes could make a big difference to the delivery of large scale developments in a streamlined manner and bring about a form of positive zoning: • Allowing landowners, private sector developers, public bodies and statutory undertakers to bring forward LDOs on their own basis (i.e. to be able to apply for them) rather than relying on LPAs alone to do so • Allowing one LDO to cover more than one LPA area • Currently LDOs are not able to be brought forward for the following port-related development which falls within Schedule 1 of the EIA Regulations. Pinsent Masons suggests that this should, however, be permitted if accompanied by an appropriate Environmental Statement: — “Inland waterways and ports for inland-waterway traffic which permit the passage of vessels of over 1,350 tonnes” — “Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes” • Allowing LDOs for development which would adversely affect the integrity of a European Site under the Habitats Regulations, provided that the tests that apply to other development affecting protected habitats are met — i.e. that there are no alternatives, or adequate compensation land is secured and imperative reasons of overriding public interest for the development are demonstrated • Providing statutory timescales for decisions on LDOs. Typical Freeport Structuring and Governance Local stakeholders (Public and Private Sector) MHCLG Local Authority Shareholders Agreement and Articles (including funding obligations) Advisory and Strategic Oversight Execution and Delivery Operational Activities Funding Unincorporated Terms of Reference Incorporated Company Shareholders’ Agreement and Articles Operational Business Plan Management Executive FREEPORT GOVERNING BOARD FREEPORT OPERATING COMPANY FREEPORT OPERATING BUSINESS Accountability Strategic Business Plan Funding Agreement Funding Agreement