The Port of London Authority (PLA) has been attempting to enact a Harbour Revision Order (HRO) since 2019 and has carried out at least two consultations with boaters and other interested parties. The Marine Management Organisation (MMO), which is the body that authorises HROs, has recently made it known that it will carry out a Public Inquiry due to the number and nature of the remaining objections to the provisions of the draft HRO, including objections from the NBTA. No date for the inquiry has been set as yet.
The PLA is seeking a significant number of changes to the law that will affect boat owners, river works (ie mooring) owners and occupiers, and in particular will severely restrict mooring for temporary periods in the Port of London.
The MMO said in its letter to the PLA calling the Public Inquiry that:
“…further to your application for a Harbour Revision Order (Proposed Order) submitted to the Marine Management Organisation (MMO) on 7 April 2020.
The MMO has considered all of the information provided to it including the responses to statutory consultation held between 18 August 2021 and 12 October 2021, the PLA’s updated Statement in Support and Proposed Order current versions both dated 16 January 2024 and the responses after writing to outstanding objectors in January 2024.
Having regard to that information, the MMO has decided to exercise its power under paragraph 18(1B) in Schedule 3 of the Harbours Act 1964 (1964 Act) to cause an inquiry to be held.
The MMO considers that:
• the outstanding objections were made within the period allowed for making it;
• have not been withdrawn;
• specify the grounds on which they are made; and
• are not frivolous or trivial.
The MMO considers that it is appropriate to cause an inquiry to be held given the complexity and significance of the issues raised by the numerous outstanding objections.
Next steps:
The MMO will now proceed to appoint an independent Inquiry Chair and Programme Officer. As you will be aware, the Secretary of State’s guidance is that the costs of the inquiry are to be met by the applicant. Once the Inquiry Chair and Programme Officer have been appointed, we will write to you and the outstanding objectors to set out the procedural steps.”