The publication of the updated National Planning Policy Framework in August has been accompanied by a raft of new national policy statements, including:
the first update to the National Policy Statement for ports in fourteen years;
the coming into force of key provisions of the Planning Infrastructure Act; and,
in Wales, the arrival of the first applications under the significant infrastructure project regime for the consenting of major infrastructure projects.
But what does all this mean for coastal and port development? For developers, harbour authorities, local planning authorities, and other statutory consultees and stakeholders, it can be difficult to discern any clear blue water through the flood of new paperwork. This article will act as a useful guide, sifting out the key policy and legal changes that have resulted from the recent deluge of reforms – and helping you to identify where the opportunities may lie.
On 2 July, a new national policy statement for ports was laid before parliament. The National Policy Statement sets a new framework for the government’s policy for port infrastructure, and will provide the basis by which decisions on new port developments in England (and the reserved trust port of Milford Haven in Wales) promoted under development consent order applications will be decided. The National Policy Statement for ports is also a relevant consideration for non- development consent order applications, including harbour order and marine licence applications made to the Marine Management Organisation, and port-related Town and Country Planning Act applications. Although not explicitly stated in the National Policy Statement for ports, we expect that the contents of the National Policy Statement for ports will also provide important policy context for the purpose of Transport and Works Act applications concerned with interference with public rights of navigation.
The National Policy Statement for ports acknowledges the need for future port development, identifying a number of key future impacts including commercial and supply chain resilience, energy independence, and increased flood risk arising from the increased threat of climate change. These make a compelling case for future port development and re-stating the presumption from the 2012 National Policy Statement for ports in favour of consent for proposals which fall within the identified parameters and which comply with its policies. Most notably, and incorporating the ten-fold growth in off-shore wind capacity in the past fourteen years, the National Policy Statement for ports places much greater emphasis on the importance of port development to radically increase deployment of offshore wind, especially the consequent increased requirement for the manufacturing and assembly of large scale equipment to serve this demand.
At the same time, the environmental framework through which these applications must be brought has been significantly updated. Detailed guidance is now provided for applicants on assessing Biodiversity Net Gain, climate change mitigation and adaption, flood risk, and numerous other environmental considerations. We note in particular the updated guidance provided for dredging.
By their nature, projects of this kind invariably engage a variety of environmental regimes and require the submission of detailed environmental information. The additional guidance contained in the National
Policy Statement for ports is to be welcomed, providing greater clarity on the particular issues that must be addressed by applicants at all stages of an application. Prospective applicants should familiarise themselves with the detailed guidance now provided in Chapters 3 and 4 on the Assessment Principles for these considerations, and the policy with relation to various common impacts in this context.
Although representing a significant re-organisation of key policies for marine, coastal, and port development, the core principles contained in the updated National Planning Policy Framework remain largely substantively unchanged.
Nevertheless, port operators should be particularly aware of new policy TR7 – which now explicitly applies to marine ports and requires development proposals to “facilitate the modernisation, diversification and improvement” of such facilities. This is further bolstered by policies E2 and E3, which accords substantial weight to the economic benefits of commercial development – including such development as would support improvements in freight and logistics.
Developers bringing forward coastal development and port proposals should be cognisant of the revised organisation and drafting of the new National Planning Policy Framework , which took effect immediately upon its publication in August. The National Planning Policy Framework remains a guiding document with reference to which local plans are prepared, and against which national policy relevant to decisions under the Town and Country Planning Act are made.
Recent new legislation has also broadened the circumstances by which applicants can secure a deemed marine licence. In usual circumstances, a marine licence must be secured from the Marine Management Organisation (in England) and Natural Resources Wales .
A deemed marine licence wrapped up in the development consent order procedure has long been available for Nationally Significant Infrastructure Projects in England. The coming into effect of the Infrastructure (Wales) Act 2024 creating the comparable significant infrastructure project regime, has also made such deemed marine licences available for major infrastructure projects in Wales (since 15 December 2025).
Since 18 February 2026 it has also been possible to obtain a deemed marine licences under the Transport and Works Act 1992, introduced as part of a broad package of reforms included in the Planning and Infrastructure Act 2025. Transport and Works Act Orders can (in some circumstances) be used to authorise works which interfere with public rights of navigation – but which do not reach the threshold of nationally significant infrastructure. Deemed planning permission has always been available under the Transport and Works Act, and deemed listed building consents were also introduced under the Planning and Infrastructure Act. Developers seeking a single wrapped up package for certain marine works may therefore find the Transport and Works Act procedure an increasingly attractive alternative procedure – where suitable.
For more information, please contact our marine team.
