Glasson Dock: Port authority in legal move to ‘clarify and modernise’

Lancaster Port Commission, which has strongly defended its record, has  applied to the government-linked Marine Management Organisation in Newcastle for a harbour revision order. And the public has until August 23 to submit their views on the proposals.

Glasson Dock is a commercial, working port for ships and boats which also includes important historic features.

Glasson Dock near Lancaster 2023. Pic: Robbie MacDonald LDRS. LDRS partner-approved.

Lancaster Port Commission runs the dock and is structured as a ‘trust port’, which is self-governed differently to privately owned or municipal ports. Its arrangements have been amended over time, from the 1700s up to the 1960s, 1980s and 2000s.  But critics have claimed this summer that the ‘trust port’ structure is not suitable for the 21st century.

Glasson Dock

Glasson Dock, also known as the Port of Lancaster, is entirely separate to the nearby Port of Heysham, which is owned by Peel Ports.

This summer, a number of concerns and allegations have been raised about incidents and developments at Glasson Dock and its surrounds. In addition, there has been criticism of Lancaster Port Commission’s structure and its alleged conduct towards the public.

Events at Glasson have included the redevelopment of a sea-facing quay behind terraced homes, erection of warning signs and barriers on land which residents claim they used informally in the past, and a broken hydraulic sea gate at Glasson Dock, connecting to Morecambe Bay and the Irish Sea.

Critics claim the sea gate’s condition should have been known about for years, But emergency sea defences may be needed there this September to protect the area from high tides. The Environment Agency is involved with plans.

Port-related roles and powers are featured in Lancaster Port Commission’s harbour revision order. These include:

Glasson Dock’s operations and management

dredging of the River Lune estuary

port commission financial powers and priorities

port commission powers to make bye-laws

creation of an offence of failing to comply with port commission directions.

land and commercial property development, and tenancies

car parks, fencing and barriers

an advisory body to be consulted on significant port commission work

Separately at nearby Glasson Marina, there are problems with a leaking canal lock. This sparked fears about the loss of fresh water and impact on water life such as fish and canal activities. The Canal & Rivers Trust is responsible for the marina lock.

One parish councillor, Nicholas Thorn, recently said the two infrastructure problems at Glasson could cost millions of pounds to repair.

Various public and private organisations have links at Glasson Dock, Glasson Marina and the nearby Lancaster Canal. Key organisations include Lancaster Port Commission, the Canal & Rivers Trust and the Environment Agency.

But there are many other businesses based there too, including shipping and road transport firms, plus Glasson village residents and visitors. There are also  important nature sites around the River Lune and Morecambe Bay.

PORT REVISION ORDER

According to Lancaster Port Commission’s submission on the Marine Management Organisation website, the new port revision order would ‘modernise and consolidate’ the legal harbour powers of the commission as the statutory (legal) harbour authority for Glasson Dock. It also mentions other ports around the UK which have revised their arrangements.

Regarding financial powers, the new order would allow Lancaster Port Commission to have a reserve fund and borrowing powers, and a ‘modern suite of charging powers’.

The order also covers powers to make bye-laws and ‘general and special directions’ by Lancaster Port Commission and the harbour master.

Glasson Dock

An offence would be created of failing to comply with special or general directions. The penalty would be a fine. However a defence of demonstrating due diligence would exist for people who faced the charge.

ADVISORY ARRANGEMENTS

Elsewhere, the harbour revision order includes a section on the ‘establishment of one or more advisory bodies consisting of port stakeholders’ with which the commission is required to consult on material matters.

Public consultation has been an area of concern recently for some Glasson residents. Dave Maddocks, who set up the Friends of Railway Place group, and Sally Maddocks, a Lancaster city councillor who is married to Mr Maddocks, have both called for new consultation and changes to the port commission structure.

However, Lancaster Port Commission has defended its arrangements and public consultation exercises. It said it has stakeholders instead of shareholders. Its board of commissioners ensures it acts in the interest of the next generation, taking care of the port, it said.  However, anyone who felt strongly about the trust port structure could  lobby government for changes.

The new revision order says the port stakeholder group will have ‘a statutory right to be consulted on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the port and its navigation.’

An explanatory note adds: “An impact assessment has not been prepared for this order as there is no, or no significant, impact predicted on businesses, charities, voluntary bodies or the public sector.”

Port plans have been submitted with the harbour revision order and a supporting statement from a law firm in Exeter.

LANCASTER PORT COMMISSION MEMBERSHIP

Glasson Dock’s history stretches back to the 1700s when Lancaster grew as a port. Lancaster Port Commission has existed for many years but its membership arrangements have changed over time. There have also been changes to port and harbour governance by different UK governments through different eras.

One background document with the new submission dates from the late 1960s. It illustrates how Lancaster City Council and other local bodies once played a significant role in the port commission.

A 1960s constitution said different commission members would be appointed by a Westminster government minister, Lancaster City Council, Lancaster and Morecambe Chamber of Commerce, the former Lancaster Rural District Council and the Royal Yachting Association.

But since then there have been further changes to port and canal arrangements under different governments through the 1980s, 1990s and 2000s.

Today, there are no elected councillors sitting on Lancaster Port Commission.

Meanwhile, the Canal & Rivers Trust, responsible for the leaking Glasson Marina canal lock. is a charity which replaced British Waterways in 2012.

PUBLIC INFORMATION AND FEEDBACK

The full harbour revision order and other documents can be seen at the Marine Management Organisation website: https://www.gov.uk/government/publications/the-lancaster-port-commission-harbour-revision-order

Anyone wishing to make an objection or representation concerning the application should write to: Harbour Orders Team, Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle Upon Tyne NE4 7YH. Or email: harbourorders@marinemanagement.org.uk

A public notice has been published in the Lancaster Guardian newspaper.

Elsewhere, an explanatory memorandum, a copy of the harbour limits plan and harbour premises plan are available at the government website www.legislation.gov.uk.