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The Duty to Cooperate in Context

This article explores the duty to cooperate in the context of strategic planning, with a focus on key issues such as housing, the economy, and infrastructure. The duty is part of the testing process for the effectiveness of strategic policies, applied in two stages - legal test followed by soundness test. Local authorities and public bodies are expected to work together on strategic priorities, including housing provision, infrastructure, energy, and waste. However, challenges such as political leadership, geographical alignment, and the role of private sector-led boards need to be addressed.

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The Duty to Cooperate in Context

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  1. The Duty to Cooperate in Context Catriona Riddell, POSe

  2. The Duty in Context • Duty is part of testing process for effectiveness of strategic policies • Key issues continues to be housing & the economy • Tests being applied in two stages – legal test followed by soundness test Effective strategic planning Duty to Cooperate Sound plan

  3. Strategic Matters LPAs are expected to work together on a range of strategic priorities, including those set out in NPPF. Key issues are: • Housing provision and relationship with jobs • Strategic infrastructure, particularly transport • Energy and waste It applies to strategic policies and site allocations but not CIL (directly)

  4. Who does the Duty apply to? • All Local Authorities and the Mayor of London • Other ‘public bodies’ as prescribed in Local Plan Regulations • LEPs and LNPs not subject to the Duty but LPAs must have “regard to their activities” when preparing local plans

  5. Local Enterprise Partnerships • Responsible for setting strategic economic and infrastructure priorities and for managing national and European funding streams. • Housing delivery is a key measure for delivery of strategic economic plans and growth deals. BUT! • Private sector led Boards reluctant to get involved in the ‘politics of planning’ despite push by Treasury/BIS • Ongoing concerns about accountability, geography and resources and economic priorities - self-selected Board Members have very different priorities.

  6. Local Enterprise Partnerships 28% of Growth Deals commit LEPs to work with LPAs under Duty to Cooperate to deliver LPs: “The Local Enterprise Partnership commits to supporting the XX Local Planning Authorities in its area to ensure they positively engage with the Duty to Cooperate to deliver strategic planning priorities and update their Local Plans in accordance with the timetable submitted as part of the Local Enterprise Partnership monitoring framework.” 60% Growth Deals commit LEPs to housing delivery: “The LEP and local planning authorities commit to working together to deliver the housing provided for in local plans.” LEPs and LA partners now have to work out what this means in practice and how these commitments will be measured.

  7. The Strategic Challenges • Political (and officer) leadership • ‘Growth’ agenda not widely accepted in South East • Strategic geography – it’s messy and doesn’t always fit with LA boundaries • Alignment of plan timetables • City growth / London’s growth • Green Belt!

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