Ports
Port development and exploitation
The development of a major new deep sea container terminal at a UK port. Created and managed the implementation of legal, environmental and other relevant strategies applicable to the project and its related large-scale habitat creation scheme, including drafting and promoting a harbour revision order. Significantly for a project of its size and type, consent was obtained very quickly without scrutiny at a public inquiry, as a result of our dealing with all third party representations
Advised in respect of a £300 million investment by E.ON in the proposed Portbury Dock Renewable Energy Plant at the Port of Bristol, which will generate enough power for more than 200,000 homes by burning biomass imported through the port
Worked on a new terminal at a major port to provide facilities for the new range of climate change industries. Advised and obtained the complex environmental approvals required to achieve legislative consent cost-effectively. Time was critical for the developments and the need to avoid a public inquiry was essential
Port ownership and transactions
The privatisation of a public sector-owned UK port. Conducted due diligence and created a unique structure, involving the grant of a concession (using long leasehold interests and a management agreement), an asset sale and purchase and complicated share rights permitting the public sector body to retain a future profit participation
Reviewed the strategic options for regeneration, development and possible privatisation of a state-owned commercial port. Created and negotiated proposed transaction terms for outright privatisation or public/private partnership
The privatisation of a former naval dockyard and its development as a new commercial port. Our work required the commercial terms to be enshrined in a framework that was congruent with Government policy and included the creation of specific clawback rights entitling Government to participate in future profits
Environment
Instigated a judicial review of the UK Government’s interpretation of a European Union environmental Directive relating to the conservation of natural habitats impacting on port development and achieving a reference to the European Court of Justice, involving the consideration of the interpretation of the Directive and the assessment of extensive planning, environmental and other applicable regulatory regimes
Acted for a major international oil terminal operator in connection with upgrading proposals for a terminal at a UK port. Our work covered permitted development rights, environmental impact assessment and Habitats Regulations protections, including considering baseline environmental data and making preliminary assessments of the magnitude of the potential impacts of the development proposals
Port legislation and powers
Advised a public sector body as the owner and operator of a commercial port on state aid issues relating to its procurement of a partner to provide port services. Conducted a major procurement exercise to select a partner, which involved advice on the application of the public and utilities procurement rules, planning and project managing the procurement exercise and dealing with related procurement law enquiries as they arose. Our advice included consideration of how the project might be structured as a concession arrangement (as well as a number of alternative project structures), and the relevant procurement law implications
The preparation and promotion of a harbour revision order to privatise a commercial port by authorising the establishment of the purchaser as the new harbour authority
Prepared a harbour revision order to authorise a long term scheme of improvements at a UK port including new quays and berths, passenger facilities and ship repair facilities
Consolidated and up-dated existing by-laws for a commercial port, undertook public consultation and obtained DfT approval for their adoption