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Class B – Dock, pier, harbour, water transport, canal or inland navigation undertakings
Class B is the main Part 8 right for statutory undertakers involved in docks, piers, harbours, water transport, canals and inland navigation. It applies on operational land and is tied to the undertaking itself.
The right was widened in 2021. It now expressly covers development connected with the provision of services and facilities, including the erection or alteration of an operational building, and development may also be carried out by a lessee or agent of the statutory undertaker.
This is not an unrestricted port or waterside development right. The exclusions and the consultation condition need to be checked before relying on Class B.
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What does Class B allow?
Class B can authorise operational development required for the relevant dock, harbour, water transport, canal or inland navigation undertaking. The wording is deliberately linked to the statutory undertaking and its operational land, rather than simply to land next to water.
The Class excludes a hotel and places restrictions on bridges and buildings that are not required for handling or transporting passengers, livestock or goods at a dock, pier or harbour. Where the development relies only on the services and facilities limb of the right, a new or materially altered building must be an operational building. The GPDO does not, however, provide a Class B-specific definition of that term. Paragraph O expressly limits its definition of “operational building” to Class F, so the airport-specific definition should not simply be imported into Class B.
Consultation with the local planning authority
Class B is subject to a consultation condition. Before development begins, the relevant statutory undertaker must consult the local planning authority and give the authority an opportunity to advise whether it wishes to suggest reasonable alterations or conditions. The developer must then consider that response.
This is a statutory consultation requirement rather than a conventional prior approval procedure. There is an exception where development is urgently required for the efficient running of the undertaking and consists of works, a structure or ancillary building or equipment that does not exceed the statutory height and volume limits.
Legislation
Class B – dock, pier, harbour, water transport, canal or inland navigation undertakings
Permitted development
B. Development on operational land by statutory undertakers or their lessees or agents of development (including the erection or alteration of an operational building) in respect of dock, pier, harbour, water transport, or canal or inland navigation undertakings, required—
(a) for the purposes of shipping,
(b) in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a dock, pier or harbour, or with the movement of traffic by canal or inland navigation or by any railway forming part of the undertaking, or
(c) in connection with the provision of services and facilities.
Development not permitted
B.1 Development is not permitted by Class B if it consists of or includes—
(a) the construction or erection of a hotel, or of a bridge or other building not required in connection with the handling of traffic; or
(b) the construction or erection otherwise than wholly within the limits of a dock, pier or harbour of—
(i) an educational building,
(ii) a car park, shop, restaurant, garage, petrol filling station or other building provided under transport legislation, or
(c) where the development falls within paragraph B(c)—
(i) the erection of a building other than an operational building; or
(ii) the alteration or reconstruction of a building other than an operational building, where its design or external appearance would be materially affected.
Condition
B.1A.—(1)Development is permitted by Class B subject to the condition that the relevant statutory undertaker consults the local planning authority before carrying out any development, unless that development falls within the description in paragraph B.3.
Interpretation of Class B
B.2 For the purposes of Class B—
(a) references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected, and
(b) the reference to operational land includes land designated by an order made under section 14 or 16 of the Harbours Act 1964 (orders for securing harbour efficiency etc., and orders conferring powers for improvement, construction etc., of harbours), and which has come into force, whether or not the order was subject to the provisions of the Statutory Orders (Special Procedure) Act 1945.
B.3. Development falls within this paragraph if—
(a) it is urgently required for the efficient running of the dock, pier, harbour, water transport, canal or inland navigation undertaking, and
(b) it consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building, or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.
Current legislation: Part 8 of Schedule 2 on legislation.gov.uk
Water transport Page Updated: 23rd September 2026