The terms Port, Harbour and Wharf have specific definitions in Planning Law, as does Operational Land. Common terminology such as Undertaking and Wharf Approvals is frequently misunderstood when it comes to the correct application and interpretation of the Town and Country Planning Acts and Permitted Development Rights over areas used for port related purposes.
Portquay Consulting has assisted on two cases where clarity was needed in relation to extant planning permissions and powers to satisfy a local planning authority over proposed port related uses. In both cases, Portquay Consulting undertook an audit of known powers and permissions, and was able to present a clear position to assist discussions between the port and local planning authority.
Often a port operator is not the freehold owner of the port, particularly where the entity that owns the land in a port has engaged with several service providers or the port has a number of differing operational uses. The port services’ provider may have a concession type contract (which may not contain strict land rights) or a more conventional lease arrangement.
Portquay Consulting recommends that these contracts are reviewed periodically to ensure they are relevant and fit for purpose, particularly if they are long term leases. Portquay Consulting recently advised on the restructuring of a long lease where the nature of port operations had changed over time. It was recognised that a restructure would be beneficial to both landlord and tenant. This enabled the port operator to attract a major new customer and bring significant and new capital investment not only to the Port but also the wider sub-region.
Climate change means that all CO2 and other pollutants generated by shipping and portside activities require review and reduction/elimination to comply with increased environmental requirements. There are significant challenges and issues arising from existing and proposed Port infrastructure to protect the future of Port operations.
Portquay Consulting actively monitors innovation in related sectors, particularly in the power and transport sectors. Portquay has recently undertaken a strategic review for a Port, including an initial user’s survey of a proposed rail freight revitalisation project. The concept included the use of new rolling stock to offer Port users a viable and low carbon alternative to road haulage.
The efficient management of a port estate is a complex task. By the very nature of the business, many occupational arrangements need to be flexible and adaptable. However, there has to be an acceptance that any occupier should be paying a fair share of any common and consumable costs as well as paying for the use of land or buildings. This can present challenges when drafting occupational contracts, as well as for the financial administration of rents and services charges.
Both partners in Portquay Consulting have extensive experience in this area and are very mindful of the conflicts that arise between conventional property practice and the commercial requirements of both the port and its customers. The partners have acted and advised in the drafting of many occupational contract arrangements which have delivered satisfactory arrangements for all parties.
It is often quite a challenge to provide an accurate assessment of the business rates liability on a port estate, particularly when boundaries and activities have changed over time. Assessments for property rates should be fair and reasonable, and not reflect value attributable to the particular business of an individual port operator.
One of the partners in Portquay Consulting has extensive knowledge and experience of rating, having provided guidance and strategic direction to both port operators and qualified rating assessors to ensure correct and appropriate assessments. This knowledge and experience is derived from an in depth understanding of port operations, revenue streams, management accounts, and the correct interpretation of customer agreements and space arrangements, and can apply this knowledge to rating negotiations to ensure a fair outcome.
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