Strategic Planning & your Duty to Cooperate

www.pas.gov.uk

Officer Briefing

Today’s Objectives

(1) To help you get a better understanding of:

– how the Duty to Cooperate helps deliver effective strategic planning;

(2) To learn from local plan examination experience and emerging ‘good practice’ in strategic planning

(3) To help you develop your Duty to Cooperate evidence.

The Duty to Cooperate in Context

Locally driven strategic planning

● Although the legal and policy context for strategic planning has changed considerably since 2011, Government continues to be committed to planning for issues that need to be effectively addressed at a larger then local scale.

● Rather than setting rules and structures Government has removed barriers to addressing strategic planning issues – its up to you to make it work

● Local plans are now the mechanism for delivering on strategic planning – they have to have strategic policies

Strategic planning in context

Duty to Co-operateNational

Strategic

Local

• Nationally significant infrastructure

• National Policy Statements• NPPF/NPPG

• The ‘Duty to Cooperate’• NPPF: Cross -boundary

working• The London Plan

• Local Plans• Financial Incentives: CIL, NHB• Neighbourhood Plans

The Duty to Cooperate in Context

• The Duty is part of testing process for effectiveness of strategic policies at Examination

• Test (1) is a legal test, Test (2) is a ‘soundness’ test

Effective strategic planning

Duty to Cooperate

Sound plan

The Localism Act: Legal requirements

Councils and other public bodies must “engage constructively, actively and on an ongoing basis” to develop strategic planning policies where needed.

Cooperation is required when dealing with “sustainable development or use of land that has or would have a significant impact on at least two planning areas”.

PPF: Policy requirements

“The Government expects joint working in areas of common interest to be diligently undertaken for the mutual benefit of neighbouring authorities.”

Strategic priorities across local boundaries should be “properly co-ordinated and clearly reflected in individual local plans.”

PPG: Government guidanceLPAs are expected to “work together constructively from the outset of plan preparation” to “maximise the effectiveness” of strategic policies.

Effective cooperation is likely to require “sustained joint working with concrete actions and outcomes” and is unlikely to be met alone by “an exchange of correspondence, conversations or consultations”.

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

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

Local Enterprise Partnerships

•LEPs are key partnerships in delivering growth

•‘Business-led’ Boards with close relationship with local authorities

•Key commissioning role for strategic funds, including EU funding

•Access to additional funding and ‘freedoms’ via ‘growth deals’ and Strategic Economic Plans

•Despite some concerns about accountability, LEPs are beginning to establish themselves as key support bodies in the delivery of planning priorities.

Local Enterprise Partnerships•60% Growth Deals commit LEPs to housing delivery. •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.”

• 48 LNPs exist throughout England

• LNPs take a strategic look at challenges and opportunities involved in managing the local natural environment but also how they support the economy and quality of life

• Opportunities for collaboration between LNPs, LAs, LEPs and Health & Wellbeing Boards

• Key role in supporting local plan-making and delivery, Nature Improvement Areas and Green Infrastructure

Local Nature Partnerships

“Self-sustaining strategic partnerships of a broad range of local organisations, businesses and people with the credibility to work with, and influence, other local strategic decision makers.”

The Strategic Challenges

• Political leadership

• Strategic geography

• Local government boundaries

• Alignment of strategic evidence and plan timetables

• Green Belt and other constraints

• Supporting city growth

The Duty – Experience from examinations

Experience from Examinations• No longer in transition period• Inspectors dealing with strategic matters and the Duty in a more consistent way…….as are

developers!

• Duty should be met if strategic issues managed effectively• The Duty is a ‘legal’ test – it can’t be ‘fixed’ by Inspectors and is subject to legal challenge

• Housing provision and its relationship with employment targets/economic strategy of plan a key challenge at Examination.

Diligent Mutual Benefit

Active

Ongoing

CollaborativeConstructive

Experience from Examinations

Start at the beginning and keep going

• Co-operation should start with the initial thinking and should lead to evidenced, effective (policy) outcomes

• Cooperation should continue to examination and beyond into delivery and review

• Articulate your DtC story throughout process

Experience from Examinations

There must be clear, evidenced commitment from decision-makers:

• The more formal the governance structures, the better

• MoUs useful tools to demonstrated shared commitment but must have clear, agreed outcome -not ‘agreements to agree’

• Existing arrangements need to be ‘fit for purpose’

Member Liaison Voluntary Board Joint Committee

Experience from Examinations

Cooperation should be proactive & proportionate:

• Don’t give up at the first hurdle

• Don’t take silence as meaning no issues

• Focus efforts as you move through process on those that are most likely to be in a position to help

Experience from Examinations

It’s not a duty to agree but

• You will need to submit comprehensive and robust evidence to demonstrate that you have explored all options for delivering the strategy

• Inspector will look at the implications for delivery of the strategy e.g. extent of unmet need, and willingness of LPAs and other partners to work towards a solution.

• If LPA can’t secure cooperation and still has unmet needs, will impact on ‘uncooperative’ neighbours plan (if already adopted, will be out of date!)

Experience from Examinations

Different strategic geographies are being used:

• NPPG advises a pragmatic approach to geography

• Geography can be administrative (county, city region, combined authority) and/or functional (housing market area, travel to work, river catchment, ecological, waste management)

• Different geographies are being used to address different strategic issues

New and emerging models in Strategic Planning

New models of strategic cooperationStrategic planning & investment frameworks

Local authority led but support from partners re priorities and delivery

•Shared, voluntary governance model

•Basis for ‘making the case’ for investment e.g. via LEP SEP

•Based on shared strategic evidence

•Supports ‘duty to cooperate’

•Based on voluntary willingness of partners to share growth accepting there will be winners and losers

•Developed on both functional and admin geography

New models of strategic cooperationLocal Enterprise Partnerships

•Long term spatial frameworks being developed to help integrate strategic spatial priorities with economic and transport priorities of SEP

•Local Authority led but being done under the auspices of the LEP.

•Only really works where strategic planning geography aligned with LEP geography

•Sensitivities around setting housing distribution and issues around accountabilities.

New models of strategic cooperationCombined Authorities

•Statutory basis for governance

•1 CA (Manchester) and 4 shadow CAs in place with more being considered

•Existing powers for transport & economy but legislative changes needed to include strategic planning

•Government’s model of choice - POS and TCPA promoting CAs in their manifestos

•Need to consider whether CAs can work in areas outside city regions

•Greater Manchester CA now progressing spatial framework for city region as statutory joint DPDs

New models of strategic cooperation

It’s still early days but there are important lessons so far:

•All long term frameworks, particularly in relation to strategic infrastructure priorities

•Governed by formal ‘voluntary’ arrangements

•Strong political (and officer) leadership

•Supported by shared resource (very small) providing expertise and impartial advice

•Geography based on what makes sense to LAs - some cases established geography (e.g. county), other cases functional (e.g. city region, LEP)

•Framework seen as a corporate responsibility

New models of strategic cooperation

Lessons so far (contd):

•Evidence based essential to support local plans

•SA process used to help inform options but not a requirement

•Clear strategic priorities (short, med and long term)

•Not a ‘motherhood and apple pie statement’ – clear steer for local plans (and other decision-making) with spatially specific priorities.

•Provide a framework for aligning investment priorities of others (e.g. EA, HA, HCA)

Strategic Planning: emerging practice & models

Strategic planning & investment frameworks

Coastal West Sussex & Greater Brighton Local Strategic Framework http://www.coastalwestsussex.org.uk/cws-in-partnership/cws-strategic-planning-board/

Cambridgeshire & Peterborough Memorandum of Cooperation https://www.scambs.gov.uk/sites/www.scambs.gov.uk/files/documents/Memorandum%20of%20Co-operation.pdf

LEP driven spatial frameworksGreater Birmingham & Solihull Spatial Plan for Recovery and Growth

http://centreofenterprise.com/strategic-spatial-framework-plan/

Combined authority modelsGreater Manchester Spatial Framework

http://www.agma.gov.uk/cms_media/files/greater_manchester_spatial_framework_dpd_260914_publish1.pdf

Your Duty to Cooperate Statement

Your Duty to Cooperate StatementThe statement “satisfactorily documented where and when cooperation has taken place, with whom and on what basis, as well as confirming that such positive cooperation has and will continue.”

[Inspector for West Northants Joint Core Strategy Examination, Oct 2014]

•Set out a coherent and concise Duty to Cooperate story from initial thinking stage to submission.

•Make sure the statement is a fair and true reflection of how you have cooperated and what you have agreed.

•Publish the draft statement at key stages of plan preparation

•Show how cooperation will be ongoing – how strategic policies will be implemented and monitored.

Your Duty to Cooperate Statement

•Keep a good record of cooperation and outcomes

•Audit trails & evidence for key strategic decisions need to be easily accessible - make sure your web pages are ‘fit for purpose’.

•Use sign-posting where possible

•Don’t rely on notes of meetings/ emails unless there is no clear way forward to address strategic issues.

Your Duty to Cooperate StatementLocal plan’s strategic priorities Management and working

arrangements Evidence Base Outcome Ongoing cooperation

What are the key policy issues that have been addressed/managed on a strategic basis? Include summary table for each issue in Appendix 1 e.g. delivering long term sustainable growth and implications for housing provision, employment and strategic infrastructure

Who has been involved/ is affected by these issues and how has the LPA cooperated with them?  What are the governance arrangements for strategic working? Has a joint strategic planning framework or similar been used to manage these issues?  How has the LEP and other strategic partners been involved (there may be different stakeholders involved in different issues)? Are there any agreements/MoUs to underpin joint working?

What is the evidence used to develop the LP’s strategic policies? e.g. joint SHMA or benchmarking of LPAs’ individual SHMAs, strategic review of GB, employment land review 

What was the outcome of the cooperation? Include references to impact on specific policies where possible e.g. agreed approach to housing provision & distribution, agreed strategic infrastructure priorities, LP strategy reflects LEP strategic economic plan priorities

How will the strategic policies of the LP be managed cooperatively on an ongoing basis? e.g. ongoing joint working arrangements (MoU), shared delivery and monitoring framework

Further strategic planning support from PAS

http://www.pas.gov.uk/strategicplanning

•1:1 critical friend support/Dragons’ Den

•Good practice

•Case studies

Contact us

email pas@local.gov.ukweb www.pas.gov.ukphone 020 7664 3000