Strategic Planning & the Duty to Co-operate

1. Strategic Planning & the Duty to Co-operate Andrew Pritchard Director of Policy & Infrastructure

2. Introduction • Why is strategic planning important? • A new approach to strategic planning • The duty to co-operate • Conclusions • Final thoughts

3. Why is strategic planning important? • development is often driven by ‘larger than local’ pressures – and can have impacts that extend beyond council boundaries • a clear strategic planning context is essential to securing major infrastructure investment • to be found sound, local plans must address relevant strategic planning issues properly

7. A new approach to strategic planning • Despite the proposed abolition of RSSs, the Government is committed to strategic, cross boundary planning - on issues that need to be effectively addressed at a larger then local scale • But it’s strategic planning in the context of localism • Rather than setting rules and structures Government will remove barriers and provide a range of tools to address strategic planning issues

8. Duty to Co-operate – the new tool • Requires councils and public bodies to engage constructively, actively and on an ongoing basis in relation to planning of sustainable development • Requires councils to consider whether to enter into agreements on joint approaches or prepare joint local plans (if an LPA) • Applies to planning for strategic matters in relation to the preparation of local and Marine Plans, and other activities that prepare the way for these activities

9. Duty to Cooperate: strategic matters (NPPF) • Provision of homes and jobs • Retail, leisure and commercial development • Infrastructure for transport, telecoms, waste, water, flood-risk, coastal change, minerals & energy • Health, security, community & cultural infrastructure • Climate change mitigation and adaptation • Conservation & enhancement of the natural & historic environment, including landscape

10. Environment Agency English Heritage Natural England Mayor of London Civil Aviation Authority HCA Primary Care Trusts Office of the Rail Regulator Highways Agency Transport for London Integrated Transport Authorities Highway Authorities Marine Management Organisation Duty to Co-operate: other public bodies

11. Duty to Co-operate: LEPs & LNPs • As LEPs are not defined by statute, they are not covered by the Duty. • However, LEPs have been identified in the regulations as bodies that those covered by duty ‘should have regard to’ when preparing local plans and other related activities • The Government has indicated that Local Nature Partnerships (LNPs) will be treated in the same way when established

12. Duty to Co-operate: key outcomes • Duty to Cooperate is intended to promote a culture change and spirit of partnership working on strategic cross boundary issues e.g. environment, economy and infrastructure • Working alongside incentives, such as the New Homes Bonus, the Duty will act as a strong driver to change the behaviour of local authorities • More co-operation will increase the effectiveness of plans and help to reduce the costs of plan preparation

13. Duty to Co-operate: sanctions? • The duty to co-operate is a legal requirement of the plan preparation process • Non-compliance cannot be fixed at Examination by PINS – the plan cannot be adopted • Policies developed through the duty must also be found sound (i.e. evidence based and deliverable) • Where a plan is absent, silent or out of date, the presumption in favour of sustainable development will apply

14. Duty to Co-operate: what is needed? • an understanding of the key strategic issues facing your area (in the absence of the RSS) • a willingness to work with the right partners to address strategic issues constructively • political ownership of partnership working arrangements and joint policy outcomes - even if it means making some decisions for the ‘greater good’ that are unpopular locally

15. The ‘sharing trade-off’ • Increased access to funding? • Clear and deliverable investment framework? • Adopted local plan? • Risk management e.g. flooding, water supply?

16. Rising to the Challenge • Demonstrating leadership • Locally driven ‘strategic’ priorities • Corporate ownership HMS Cooperation SS Strategic Planning • Continuity & consistency • Honesty & transparency • Keeping it real &deliverable

17. Get your house in order! 1. Identify ‘strategic’ issues to be addressed 3. Review existing partnerships & working groups 4. Establish ‘fit for purpose’ governance & support arrangements 2. Ensure corporate roles & responsibilities are clear & understood

18. ‘Making Strategic Planning Happen’(available at: www.pas.gov.uk)

19. Conclusions Co-operation is not an end in itself - the objective should be local plans that are sustainable and deliverable and result in better places The scale and type of co-operation required should flow from the evidence – but will also depend on relationships The effectiveness of the duty will depend on the willingness of elected members to ‘pool sovereignty’ on difficult decisions

20. Final Thoughts • Councils have lobbied hard for the removal of regional plans and targets • Failure to make the Duty to Co-operate work will undermine confidence on local government – and the planning system as whole