Proposals for an updated national policy statement for ports

Approximate read time: 10 minutes

1. What is a national policy statement?

National policy statements (NPS) form part of the planning system established under the Planning Act 2008 and deal with nationally significant infrastructure proposals.^[1] They are produced by the government and set out the policy, and reasoning behind it, for the sector or area they cover. They must also set out how the policy takes account of government policies around climate change. Objectives set out in the NPS for the development of nationally significant infrastructure in a particular sector and state should include:^[2]

• how it would contribute to sustainable development
• how the objectives would be integrated with other government policies
• how actual and projected capacity and demand had been taken into account
• how relevant issues in relation to safety or technology would be considered
• circumstances where it would be particularly important to address the adverse impacts of development
• specific locations, where appropriate, in order to provide a clear framework for investment and planning decisions

NPSs are the primary consideration when determining applications for development consent for nationally significant infrastructure projects. This means they have more weight than any other statement of national, regional or local planning policy.^[3]

NPSs are subject to public consultation and parliamentary scrutiny before being designated (published).

There are currently 12 designated NPSs, which set out government policy on different types of national infrastructure development.^[4] They include six for energy, three for transport, two for waste infrastructure and one for wastewater. The transport NPSs cover ports, national networks and airports.

2. National policy statement for ports

2.1 Existing national policy statement

The current NPS applying to ports was set in 2012.^[5] It applies to England and Wales (principally Milford Haven in Wales).

The 2012 ports NPS set out its purpose as follows:

The NPS sets out the government’s conclusions on the need for new port infrastructure, considering the current place of ports in the national economy, the available evidence on future demand and the options for meeting future needs. It explains to planning decision-makers the approach they should take to proposals, including the main issues which, in the government’s view, will need to be addressed to ensure that future development is fully sustainable, as well as the weight to be given to the need for new port infrastructure and to the positive and negative impacts it may bring.^[6]

It includes sections on development needs, principles for assessing port development proposals and the other considerations applicable to planning proposals (for example, the need for applicants to consider air quality, waste management, flooding, etc).

2.2 Review and introduction of a proposed revised national policy statement

In 2023, the then Conservative government began a review of the ports national policy statement (NPSP). This was continued by the current Labour government, who explained the review was necessary in light of economic, policy and legislative changes affecting the needs and priorities for port infrastructure since the 2012 NPSP.^[7]

Following this review, Labour published a draft revised NPSP and a consultation on the draft NPSP in June 2025.^[8] The consultation closed at the end of July 2025 and at the time of writing the government was still considering the feedback. In line with statutory requirements, the government also published an appraisal of sustainability and a habitats regulations assessment alongside the draft NPSP and consultation.^[9] The government also published revised forecasts of port freight traffic.^[10]

In the consultation foreword, Mike Kane, the minister for aviation, maritime and security, said the government were continuing with the stance that the needs and development of the ports sector, as set out in the revised NPSP, were best driven by commercial investment and forces. He also stressed the importance of port development meeting environmental needs and standards.^[11]

The proposed revised NPSP does not specify what changes have been made from the original. However, it includes changes reflecting updated planning and environmental policies (for example, the Environmental Act 2021), including the adoption of low carbon technologies and increased consideration of air quality. The consultation document summarised the government’s approach to the new NPSP as follows:

Our long-standing policy is that port development should be determined through competitive market forces. We believe this has been successful, particularly in light of recent challenges such as the COVID-19 pandemic and structural changes in energy markets. The UK ports sector is widely recognised as one of the most competitive in the world and is not subject to economic regulation (other than the ‘backstop’ provision at s31 Harbours Act 1964 for objection to harbour dues).

We therefore propose to continue the policy, as set out in the existing NPSP, that the willingness of applicants to risk capital on a long-lived investment is deemed to constitute clear evidence of need for development. This is provided it satisfies applicable environmental requirements, as set out and referenced elsewhere in the NPSP.

In our view, this is reinforced by the need for resilience of port capacity at national level. Experience has shown that the efficient functioning of most types of port terminals requires physical capacity in excess of forecast and regularly experienced demand. The combined excess physical capacity resulting from aggregate investment enables trade to continue when particular ports or routes are subject to disruption.

A central planning approach would not, in our view, be as likely as the market approach to deliver capacity in an efficient yet resilient way. This is not to say that state activities driving demand for port capacity might not be centrally planned to some degree—for example, the allocation of sites deemed appropriate for offshore wind development—as sector-specific ‘missing markets’ may require such intervention. But ports can and should (in our view) still compete to support such activities through commercial processes.

As in 2012, the port freight demand forecasts supporting the amended NPSP are intended to serve as a benchmark, not as a constraint or determinant of aggregate sector capacity need.^[12]

The consultation then explained it was seeking views on matters including:^[13]

• the port freight forecasts set out in the NPSP
• whether port development should be market driven
• how well the NPSP covered environmental, employment and local considerations of port development
• how the appraisal of sustainability (published alongside the NPSP) would work in conjunction with the NPSP

Overall, the government intends the new NPSP to:^[14]

• boost expansion of maritime ports to propel economic growth and support jobs across the country, as part of the [government’s] ‘Plan for Change’
• help ports save time and money on planning applications to expand sites, creating jobs and opportunities in coastal communities
• secure the long-term future of the maritime industry, inviting private investment into coastal communities and supporting development of green technologies, delivering on the UK’s clean energy ambitions

3. Reaction to the proposed new national policy statement for ports

3.1 Industry

The British Ports Association, which represents the UK’s ports and marine terminals sector, said the changes were welcomed by the industry.^[15] It said it was “keen to see improved planning performance” following the NPSP’s publication and claimed the UK ports sector has “some exciting development prospects across a range of cargo sectors, green fuels schemes and offshore energy infrastructure, so needs a planning system to match its ambitions”. It also noted the government’s acceptance of the need for substantial additional port capacity over the next 30 years.

Richard Ballantyne, chief executive at the British Ports Association, stated:

The ports industry is optimistic about its long term future, with significant growth expected in trade volumes and other sectors such as offshore wind. A refreshed ports policy statement is welcome recognition from government of the value of port development and expansion to the UK’s future prosperity. We hope it will speed up planning processes, delivering on shared industry and government economic growth ambitions.

However, as highlighted by the New Civil Engineer, concerns have been raised about the need to balance the acceleration in planning processes with “robust environmental safeguards and community consultation to prevent adverse impacts on coastal ecosystems and residents”.^[16]

3.2 Parliamentary scrutiny

Under the Planning Act 2008, NPSs are subject to parliamentary scrutiny.

The period for parliamentary scrutiny for the NPSP runs until 14 November 2025 and the government has asked the House of Commons Transport Committee to consider the NPSP. At the time of writing, this committee scrutiny was ongoing. Updated details of this can be found on the committee’s webpage: ‘National policy statement for ports’.

If the committee makes recommendations or either House makes a resolution regarding the NPSP then the government will have to lay a statement before Parliament responding to the points raised.

The House of Lords is due to debate a motion taking note of the proposed new NPSP on 14 October 2025.

4. Read more

• Department for Transport, ‘New vision for UK ports will propel prosperity in Britain’s coastal communities’, 5 June 2025
• Addleshaw Goddard, ‘Revised ports national policy statement out for consultation’, 12 June 2025 (this provides more information on the changes proposed in the new NPSP)

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