Thames Freeport - Britain's Trading Future

P I N S E N T M A S O N S [ 42 ] Allowing a developer to bring an LDO forward would essentially allow that tool to be directly resourced and used rather than ‘sitting on the shelf ’ waiting to be used by an agreeable and supportive LPA. It is recognised, however, that, there may be concern with the perceived lack of scrutiny associated with the LDO process for large scale developments, given that they currently do not require any form of public inquiry or examination (just consultation). As such, it could be the case that some form of hybrid written and inquisitorial-style hearing process is introduced for LDOs relating to land over a certain size or where LDOs are applied for by private sector developers and/or landowners rather than being promoted by LPAs, to ensure that there is a level of scrutiny but within a prescribed timeframe to deliver certainty, thereby creating a hybrid consenting regime sitting somewhere between LDOs and DCOs. LDOs are a useful planning tool, already recognised by Government, and with appropriate modifications to promote greater take up, they could achieve in planning terms many of the Government’s objectives for freeports. It is also recognised, however, that achieving some of these suggestions would require legislative change and that the initial wave of freeport activity will likely not be able to wait for them to be fully brought forward. As such, in the meantime Pinsent Masons considers that LPAs, freeport promoters and affected communities could be helped by the Government issuing freeport-specific formal guidance on the effective use of LDOs, creating a clear route map. This guidance would focus less on procedures (the existing excellent LGA Planning Advisory Service guidance does this) and more on giving a Government view on how best LDOs could be collaboratively developed and brought forward so that they can become an ‘enabling tool’ for freeport development — allowing and providing a flexible framework for a range of commercial and innovative uses to be brought forward within a freeport zone. This would allow LPAs to have greater assistance in understanding how LDOs can achieve these aims, rather than starting from scratch with the associated difficulties in then managing and resourcing the development of an LDO in the most appropriate form. Development corporation reform The third area beyond the DCO regime and LDOs where freeports can provide a particular focus for reform is infrastructure delivery structures, particularly public/private partnerships. Some of the eight English freeports involve existing or proposed development corporations (Tees and East Midlands) and the government has promised to include in the forthcoming Planning Bill reforms of the framework for locally-led development corporations Pinsent Masons is a full-service international law firm. We respond to the pressures and opportunities facing businesses globally with legal excellence and innovation. With office locations on four continents, wherever the commercial interests of those we advise take them, we have the footprint and expertise to provide support. We recognise that giving a first class service goes beyond just legal excellence; a deep understanding of local cultural and commercial issues, and an innovative approach, underpins all of our advice. We understand the key political, economic, commercial and regulatory issues, helping to minimise risk and maximise opportunities. 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