Parking, ports and planning for the future: Life after Brexit in Kent and East Sussex

Back in September, the Government introduced the Town and Country Planning (Border Facilities and Infrastructure) (EU Exit) (England) Special Development Order (SDO) – allowing the grant of temporary planning permission for border processing facilities and the associated stationing of vehicles.

With limited space at existing ports to deliver the required infrastructure, the order allows defined border departments (including HMRC, DEFRA and DfT) to ‘expedite’ the normal planning system in 29 defined areas of England – including across Kent and East Sussex. Any development operations are required to cease by 31 December 2025, and full reinstatement works completed no later than the 31 December 2026.

The Government has used these powers to deliver facilities at several locations within Kent – including two sites in Ashford (Sevington and Waterbrook Park) and one at Manston Airport.

Sevington – is located on the south eastern fringes of Ashford, adjacent to the recently completed Junction 10a of the M20. As of 1 January, the site is operated by HMRC for customs checks and provides 1,700 HGV parking spaces (at the time of writing in January 2021, it is not yet operational). From July 2021, DEFRA will operate part of the site for biosecurity checks on imports, resulting in a reduced HGV capacity. On current projections, it is anticipated that the site will be needed for the full five years permitted by the SDO.

Waterbrook Park – is located to the south of the Sevington site and already contained lorry parking facilities. It is intended to act for two years as a contingency site for operations at Sevington (namely HRMC customs checks and HGV parking) should wider traffic management measures be activated. This is a continuance of the operation permitted under a separate SDO granted in September 2019 and which expired at the end of 2020.

Manston Airport – is located approximately 5km from the Port of Ramsgate, and like Waterbrook Park, had previously been granted a separate SDO until the 31 December 2020 for temporary HGV parking facilities. Following the scrapping of the controversial Operation Stack, Manston Airport will be able to provide an emergency area of 4,000 HGV parking spaces as part of new traffic management contingency planning under Operation Brock. The potential use of Manston Airport for this purpose is expected only for six months.

The Government have also announced intentions to set up further, more permanent border infrastructure around Dover and the Thames Estuary to be operational from July 2021, although exact locations are yet to be announced.

Notwithstanding operational and announced potential locations, Kent and East Sussex are clearly vital locations for the implementation of border and supporting infrastructure and the further implementation of SDOs in local authority areas cannot be ruled out. Both areas benefit from close proximity to motorways and major A-roads (including the M2/A20, M20/A20, M2/A2, M23/A23 and the A27) as well as closeness to port infrastructure. However, they are clearly limited by the extent of landscape designations such as Areas of Natural Beauty (AONB) – particularly in East Sussex.

If more SDO sites are to come forward, careful consideration will be required by the relevant local planning authority as to the impact of such a loss on the wider land supply, particularly given the sensitive and uncertain economic climate likely to be with us for months to come.

Whilst there may have been advantages to acquiring a ‘blank canvas’ at Sevington, development of such sites is likely to affect the delivery of assessed need for other uses – as has already been the case in Ashford. In 2017, planning permission was secured for a strategic development of over 150,000 sq m of employment uses (including 140,000 sq m of under B8) and was expected to generate approximately 1,600 jobs. Although this appears to have been factored in by Ashford Borough Council in their assessments of employment land supply, some local councillors have become increasingly focused on approving schemes which generate jobs, even when not recommended by officers – including a recent B8 storage unit application, rumoured to be operated by Amazon. 

Developments permitted under the order are ‘temporary’ and require reinstatement by the end of 2026. This is unlikely to affect sites such as Waterbrook Park, given that the existing and SDO uses are compatible, but the same cannot be said for sites such as Sevington and Manston Airport. At Manston Airport, the SDO anticipates that the site may be needed for six months whilst businesses and hauliers adjust to new processes. However, any slippage in this time period could conflict with the DCO at Manston Airport, although the implementation of this is currently held up by the forthcoming judicial review. Unlike other sites, Sevington is in the unique position of being under Government ownership, having been purchased by the DfT in July 2020. Assuming the site is required until 2025, by this point, the site will emerge from this use in the context of an emerging Ashford Local Plan, potentially under a reformed planning system (as set out in Planning for the Future) and an increased housing requirement under the reformed Standard Methodology. Given its proximity to the boundary of Ashford, and similar proposals put forward in the surrounding area, the site could yet be transferred to Homes England and developed – at least in part – with a residential element. Alternatively, the site can still be brought forward as planned, as in early August, a Certificate of Lawful Development confirmed that the original permission at the Sevington site had been lawfully implemented.

In November, following a successful consultation on initial proposals, the Government commenced the bidding process for interested parties in England to become one of the ten designated sea, air or rail ports to achieve ‘freeport’ status. The process is supported by a detailed bidding prospectus that provides further information on the freeport model, as well as the information and evidence expected to be submitted as part of proposals. The first freeports are expected to be operational by the end of 2021.

Structure and geography – The freeport model is split into three main areas: customs site(s), tax site(s); and an area encompassed by a defined outer boundary. The freeport itself will be able to incorporate multiple ports across multiple modes (i.e. sea, air and or/rail). A primary customs site either in or near to the main port is mandatory, but multiple ‘customs subzones’ can be established with justification. Although a single tax site is encouraged, bids may include up to three individual areas if justified. These tax sites (singularly or cumulatively) can be no greater than 600 hectares and should involve “underutilised land” - ‘sufficient viable but unoccupied physical space that is yet to be developed or used’. Both customs subzones and tax sites can be located outside the outer boundary if a “strong economic and geographic case can be made”. The absolute limit for the outer boundary is 45km, which should equate to the furthest distance between any two sites within the same freeport. A “clear economic rationale” for the designation of the outer boundary must be provided and all benefits of the freeport, including customs, tax and planning measures, will only be applicable within the areas of the outer boundary.

Planning, infrastructure and regeneration – Bidders are required to provide evidence of how development within the freeport will be supported – with particular focus on the use of Local Development Orders (LDOs). This should include evidence of local authority support and an indication of where and why underutilised land will be redeveloped for the purposes of the freeport – including an assessment and plans of how additional need (such as housing) would be delivered (e.g. review of relevant Local Plans). To support those receiving freeport status, permitted development rights will be extended in spring 2021 for seaports, providing closer alignment with existing rights for airports – including the permitted development of buildings for purposes connected with the operation of the seaport. Furthermore, successful bidders will receive a share of £175 million of seed capital funding, dependent on the size of the bid, to help deliver regeneration and infrastructure. 

Other requirements – Other specific requirements of prospective bids include outlining how proposals support decarbonisation and aims to reach net zero carbon emissions by 2050, and proposals for a future governance body to oversee the freeport - including obtaining development corporation status if applicable.

A considerable amount of interest has been shown from prospective bidders across the UK, with several bids already confirmed. This includes two major bids in the area of the South East Local Enterprise Partnership (LEP): the Thames Freeport (a joint bid between The Port of Tilbury and London Gateway) and the Global Trade and Innovation (GTI) Zone – spearheaded by the Port of Dover.

Given the importance of Dover to European trade routes, the GTI Zone bid is likely to be a strong candidate for freeport status. Maximising the extent of the outer boundary, a 45km distance from the Port of Dover could cover the whole of East Kent; extended as far north west as Sittingbourne and the Isle of Sheppey; as far east along the coast as Hastings; and encompassing everything in between – including the aforementioned Sevington site in Ashford and Manston Airport.

Whilst of course the above is hypothetical, and the details of a bid are not yet publicly available, it is not impossible that the full 45km outer boundary (or beyond) could be implemented. Given the strategic and economic relationship of Kent and East Sussex to the port, it demonstrates an emerging opportunity for site investment in the region.

The Dover bid already has strong support from key manufacturers, Dover District Council and Kent County Council – with Kent itself no stranger to the concept of ‘enterprise zones’. The successful North Kent Enterprise Zone is now supported by a variety of LDOs including the recently adopted Innovation Park at Medway. Although designation would directly provide regeneration and development opportunities, the need for supporting development in and around these areas will create further secondary opportunities that will likely be factored into future Local Plan preparations in the region.

One potential hurdle to the GTI Zone bid is the proposed aim to seek to restrict the number of designated freeports to one per LEP area. Although the Government do not rule this possibility out, they may find themselves under pressure to make good on their promise to ‘level-up’ the country, given that multiple bids are expected from a number of ports in the north of England – initiating potential completion between the Thames Freeport and GTI Zone bids.

Nevertheless, the freeport model is an exciting prospect for multiple areas of Kent and East Sussex. This is particularly true with regard to the Government’s apparent intentions to use freeports as a ‘testbed’ for proposals set out in the Planning for the Future White Paper - including zoning.

The deadline for bids is 5th February 2021, with successful bidders announced in Spring 2021.

It is too early to say what impacts the Government consultation on changes to the planning system will have in East Sussex and Kent. However, what is clear is the significant role this area has to play in managing and maintaining the UK economy and its links with mainland Europe. The combination of suppressed land values and the extent of opportunity and strategic significance of the area should mean that plans for the future of East Sussex and Kent can afford to be ambitious and bright.