Duty to Cooperate
Section 110 of the Localism Act 2011 inserted s33A into Part 2 of the Planning and Compulsory Purchase Act 2004, which placed a new duty on Local Planning Authorities (LPAs) to cooperate with each other, county councils and other bodies with statutory functions, having regard to guidance issued by the Secretary of State.
It came into effect on 15 January 2012. Further guidance is provided in the National Planning Policy Framework 2012 (NPPF), the Planning Policy Statement for Traveller Sites 2012 and the Draft National Planning Practice Guidance 2013.
Cooperation, in respects to the Duty, includes constructive and active engagement between bodies as part of an ongoing process to prepare Local Plan documents and Marine Plans in relation to strategic cross boundary matters.
Paragraph 181 of the NPPF makes it clear that LPAs will be expected to demonstrate evidence of having effectively cooperated to plan for issues with cross boundary impacts when their Local Plans are submitted for Examination in Public.
It advises that cooperation should be a continual process of engagement from initial thinking through to implementation, resulting in a final position where plans are in place to provide the land and infrastructure necessary to support current and projected future levels of development.
This Statement of Compliance therefore sets out how Basildon Borough Council as the LPA has taken account of the Duty in preparing its Local Plan Core Strategy up to December 2013 and will be version updated through to Submission stage.
Paragraph 156 of the NPPF sets out what are considered to be strategic priorities for an area when LPAs prepare Local Plans:
Homes and jobs needed in the area;
The provision of retail, leisure and other commercial development;
The provision of infrastructure for transport, telecommunications, waste management, water supply, waste water, flood risk, coastal change, minerals and energy;
The provision of health, security, community and cultural infrastructure and other local facilities; and
Climate change mitigation and adaptation, conservation and enhancement of the natural and historic environment, including landscape.
Paragraph 178 establishes that public bodies have a Duty to Cooperate on planning issues that cross administrative boundaries, particularly those which relate to the strategic priorities set out in paragraph 156. It is clear that the Government expects joint-working on areas of common interest to be diligently undertaken for the mutual benefit of neighbouring authorities.
Paragraph 179 sets that LPAs should work collaboratively with other bodies to
ensure strategic priorities across local boundaries are properly coordinated and clearly reflected in individual local plans and Marine Plans in marine areas.
It considers that joint-working should enable LPAs to work together to meet development requirements, which cannot wholly be met within their own areas due to a lack of physical capacity, or because to do so would cause significant harm to the principles and policies of the NPPF. As part of this, LPAs should consider producing joint planning policies on strategic matters and informal strategies such as joint infrastructure and investment plans.
Paragraph 180 expects LPAs to take account of different geographic areas, including „travel to work‟ areas. In two tier areas, such as Basildon Borough, the LPA is also expected to cooperate with the County Council on relevant issues.
Finally, although not subject to the Duty to Cooperate, the Government expects LPAs to work collaboratively on strategic planning priorities to enable the delivery of sustainable development in consultation with Local Enterprise Partnerships (LEPs) and LNPs; as well as private sector bodies, utility and infrastructure providers. For completeness, this Statement sets out when engagement with theses bodies has occurred and any relevant outcome.
The Duty
Relates to sustainable development or use of land that would have significant impact on at least two local planning areas or on a planning matter that falls within the remit of a county council;
Requires that council’s set out planning policies to address such issues;
Requires that councils and public bodies “engage constructively‟, actively and on an ongoing basis to develop strategic priorities; and
Requires local authorities to consider joint approaches to plan-making.
Mechanisms for “cooperating‟ include:
Shared evidence base documents and studies;
A common or shared policy on a particular issue;
Aligned plans with a number of common policies on some issues; and
Joint plans with common policies on all issues.
Paragraph 7 of The Planning Inspectorate’s Local Plan guidanceestablishes that the Inspector will assess whether the LPA has complied with the Duty to Cooperate, prior to assessing whether the whole document is legally compliant and sound.
Paragraph 8 stresses that the Duty to Cooperate is incapable of modification during the Examination and therefore any serious concerns on this matter, it will be explored at the earliest possible stage by the Planning Inspectorate using an Exploratory Meeting, which could result in either:
the LPA being invited to withdraw the Plan, either straight away or later in the Examination;
the LPA agreeing with the Planning Inspectorate how the issue could be resolved; or
the Examination being temporarily suspended to enable the LPA to undertake additional work.
The Planning Inspectorate have stressed that the Duty to Cooperate is not about the process, but its outcomes. A tick box approach or a collection of correspondence will not be regarded as sufficient. LPAs need to show how they have considered joint plan-making arrangements, what decisions have been reached and why. Finally, LPAs will need to report on how the duty is being taken forward on an
ongoing basis through their annual Authority Monitoring Reports.
The Planning Inspectorate have been clear that LPAs should focus on reaching solutions (or at least agree a way forward if there is no consensus on the solution) to the key strategic issues facing their area. How this is done is less important, but simply saying the LPA has read the neighbouring authorities’ plans and accounted for them in its own plans, is not regarded as sufficient.
Basildon Borough Council proactively participates in a number of multi-level, cross sectorial Partnerships, Boards and Forums to influence and engage in the effective delivery of strategic objectives, services and initiatives across a wider area and ensure it is adequately informed of any relevant issues that it could address as part of its own plan-making and general Local Government functions. They include:
a) South East Local Enterprise Partnership
SELEP is an organization that brings together leaders from business, local government, further and higher education across Essex, Southend, Thurrock, Kent, Medway and East Sussex and is the largest Local Enterprise Partnership outside London. It aims to create an enterprising economy by exploring opportunities for, and addressing barriers to growth.
SELEP published its Draft European Structural Investment Fund Strategy in October 2013 and during the preparation of the Local Plan Core Strategy Revised Preferred Options Report was compiling its Strategic Economic Plan 2014-2019 that would set out its requirements for strengthening transport infrastructure and unlocking key locations to deliver growth.
Basildon Borough Council is an active and participatory member of SELEP and the Leader of Basildon Borough Council represents South Essex authorities on SELEP’sStrategic Board.
b) Essex
c) Thames Gateway South Essex Partnership
The Thames Gateway South Essex Partnership (TGSEP) consists the five south Essex Local Authorities of Basildon Borough, Castle Point Borough, Rochford District, Southend Borough, Thurrock Borough and Essex County Council which work together to facilitate the delivery of regeneration and planning in South Essex.
The TGSE Planning and Transport Board (TGSEPTB) consists of South Essex’s Cabinet Members for Planning. On 12 July 2012, it endorsed a recommendation that its Terms of Reference be changed to include facilitating the achievement of the Duty to Cooperate amongst South Essex authorities.
The TGSEPTB approved the Thames Gateway South Essex Planning and Transport Strategy in October 2013 as a mechanism to coordinate the effective delivery in South Essex of:
1. Economic Growth – sustainable employment, economic and housing growth focused on key regeneration areas by optimizing the use of existing transport networks through active management, improvements, regeneration and the delivery of new and improved transport connections across the area;
2. Environmental Protection – minimize the impact of development and transport on the environment by making efficient use of transport networks through active management, minimizing carbon emissions, tackling congestion and promoting sustainable travel choices;
3. Accessibility – Enhancing connectivity internationally, nationally, and within TGSE to jobs, education and services and deliver reliable and predictable journey times by strengthening the networks for all modes across the sub-region to support the economy, major regeneration and promote more sustainable travel patterns;
4. Quality of Life, Safety and Health – providing a sustainable transport system that helps to raise the prosperity levels of residents and workers within the area and promotes personal safety and healthier travel choices.
A separate TGSE Growth Strategy is under development in 2013/2014 by the TGSE Strategic Board to support the delivery of the wider Essex Growth Strategy 2014 and SELEP’s Strategic Economic Plan 2014-2019.
In addition to the cooperation inherent in the production of the documents referred to above, the development of the Local Plan has involved several rounds of formal consultation and engagement with members of the public and statutory consultees. It has also consulted statutory undertakers and other key stakeholders, the business community, infrastructure providers and developers.
The Duty to Cooperate is illustrated by the Register Annex A listing:-
12 occasions on which BBC was consulted by other organisations including on sea waste development, the lower Thames crossing, Southend Airport controlled airspace and the Essex Minerals Plan. They were also asked about Rochford’s plan, Thurrock and Castle Point’s pland (twice each) and Chelmsfoed City’s plans three times.
Our council’s representatives attended the Thames Gateway South East Board Meeting on 12 July 2012 when it was decided that the group would become the proactive mechanism for the delivery of the duty to cooperate across South Essex. The Board’s Terms of Reference were amended and on the Thames Gateway South East Transport Board meeting 30 October 2012 when the Draft TGSE Planning and Transport Strategy was presented for comment with a proposal by Basildon, Castle Point and Rochford to prepare a joint A130 Strategic Corridor Strategy with Chelmsford City and Essex County Council. The council held meetings with Anglian Water, First Group and Basildon Hospital. A letter was sent to Environment Agency, Basildon and Brentwood Clinical Commission Group and Infrastructure Providers on 29 July 2012. The only other demonstration of their duty to cooperate, in the register, are the public consultations on the Basildon Town Centre Masterplan, the Core Plan on 27 February 2012 before the consultations held on the revised Core Plan up to 1 April 2014.