Strategic Planning and the Duty to Cooperate

What is Planning Advisory Service for? The Planning Advisory Service exists to provide support to local planning authorities in England to provide efficient and effective planning services, to drive improvement in those services and to respond to and deliver changes in the planning system

What is PAS ? PAS is a DCLG grant-funded programme Part of the Local Government Association 3rd iteration (speed of decisions/plan making/planning reform) Governed by a ‘sector led’ board 8 staff – commissioners, generalists

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

New requirements and models of strategic planning Duty to Cooperate/NPPF LEP Strategic Economic Plans & Growth Deals Combined Authorities City Regions & City Deals

Are you doing your duty?

Strategic Planning and the Duty to Cooperate Test (1) Legal Compliance: Duty to Cooperate Councils must demonstrate that they have engaged ‘constructively, actively and on an ongoing basis in relation to planning of sustainable development.’ Test (2) Soundness Test: NPPF Councils ‘should work collaboratively with other bodies to ensure that strategic priorities across local boundaries are properly coordinated and clearly reflected in individual Local Plans.’

The duty to co operate is the means NOT the end ….. It’s all about strategic planning Duty to co operate or duty to agree?

DtC Evidence? Agreed joint framework Joint plans Strategic evidence Statement of compliance Memorandum of understanding Statement of common ground

Recent experience at examination Examination Success  Support of / no objections from neighbouring LAs  Up to date evidence base  Statement of compliance /formal strategic planning arrangements Examination Suspension  Mainly related to out of date evidence Plan withdrawals

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

What are your strategic priorities? Local plan should set out the strategic priorities for the area : Homes and jobs Retail, leisure, other commercial Infrastructure eg transport, telecoms, waste management, flood risk etc Health, community and cultural infrastructure Climate change, natural and historic environment NPPF Para 156

Strategic planning case studies The Cambridgeshire and Peterborough Memorandum of Cooperation Coastal West Sussex & Greater Brighton Local Strategic Statement Greater Birmingham & Solihull Spatial Plan for Recovery and Growth

Effective strategic planning – the role of others

The Duty to Co-operate - prescribed bodies All Local Authorities Environment Agency English Heritage Natural England Mayor of London Civil Aviation Authority Homes & Communities Agency Local Authorities must also ‘take account of’ the work of Local Enterprise Partnerships (LEPs) and Local Nature Partnerships (LNPs) Clinical commissioning groups NHS Commissioning Board Office of Rail Regulation Transport for London Integrated Transport Authorities Highways Authorities Marine Management Organisation

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

The Treasury’s view of LEPs and planning Local authorities must "co-ordinate land use planning functions and align adopted local plans, including the use of local development orders, across local authorities in a LEP area". The plans must also show "effective pooling of economic development spend and functions across the LEP area" and "a co-ordinated approach to strategic spatial planning".

City Deals Devolved powers 2 waves Focus on clear plan / strong governance / bidding Partnership New structures – some moving to Combined Authority model Relationship with LEP?

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 The role of 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.”

Key Messages 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

Rising to the challenge Demonstrating leadership Locally driven ‘strategic’ priorities Corporate ownership Continuity & consistency Honesty & transparency Keeping grounded in reality

The challenge for councils “It is time we took planning out of the box. Councils have been given a real opportunity to shape our communities from the bottom up, but we must not shirk our responsibilities for tackling strategic issues” Cllr David Parsons CBE, Former Chair, LGA E&HPB

When to start ?

Strategic Planning and the Duty to Cooperate

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