3. Today’s Objectives
(1) To help you get a better understanding of:
– how the Duty to Cooperate helps deliver
effective strategic planning;
–what your role is and the role of key
stakeholders.
(2) To learn from local plan examination
experience and emerging ‘good practice’ in
strategic planning
5. 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
6. Strategic planning in context
National Duty to Co-operate
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
7. 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
8. 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”.
9. 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.”
10. PPG: Government guidance
LPAs 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”.
11. 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
12. 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
13. 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.
14. 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.”
15. 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.”
• 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
16. 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
18. 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
Ongoing
Mutual Benefit Active
Constructive
Collaborative
19. 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
20. 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
21. 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
22. 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!)
23. Experience from Examinations
Different strategic geographies are being
used:
• PPG 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
25. New models of strategic cooperation
Strategic 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
26. New models of strategic cooperation
Local 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.
27. New models of strategic cooperation
Combined 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
28. New models of strategic cooperation
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
29. 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)
30. 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%LEP driven spatial frameworks
Greater Birmingham & Solihull Spatial Plan for Recovery and Growth
http://centreofenterprise.com/strategic-spatial-framework-plan/
Combined authority models
Greater Manchester Spatial Framework
http://www.agma.gov.uk/cms_media/files/greater_manchester_spatial_framework_dpd_260914_
31. Further strategic planning support
from PAS
http://www.pas.gov.uk/strategicplanning
•1:1 critical friend support/Dragons’ Den
•Good practice
•Case studies
32. Contact us
email pas@local.gov.uk
web www.pas.gov.uk
phone 020 7664 3000
Notes de l'éditeur
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 for plan making and to secure major infrastructure investment
Ensure alignment of priorities and investment plans
To be found sound, local plans must address relevant strategic planning issues properly and satisfy the duty to co operate at examination
Notes:
Although the Localism Act announced that Regional Strategies were to be revoked, this did not happen formally until 2013. Between 2011 and 2013 RS continued to be taken into account in local plan examinations as they were still part of the statutory development plan.
Legal test applied at beginning of testing process and if not met, plan is not tested for ‘soundness’
Test of ‘soundness’ set out in NPPF Para 182:
Plans must be:
Positively prepared
Justified
Effective; and
Consistent with national policy
Duty to Cooperate set out in Sec 33a PCP Act (as amended by Sec 110 of Localism Act) - http://www.legislation.gov.uk/ukpga/2011/20/section/110
Strategic planning requirements of NPPF set out in Paragraphs 171-181 - https://www.gov.uk/government/publications/national-planning-policy-framework--2
NPPF Para 156:
Strategic priorities for LPs:
Housing and jobs
Retail, leisure & other commercial development
Infrastructure for transport, telecommunications, waste management, water supply, wastewater, floodrisk, coastal change management, minerals and energy
Health, security, community and cultural infrastructure and other local facilities
Climate change mitigation and adaption, conversation and enhancement of the natural and historic environment, including landscape
Duty to Cooperate also impacts on strategic site allocations – see Bolsover and Doncaster Inspectors’ conclusions on PAS website for examples -http://www.pas.gov.uk/web/pas1/events-and-support2/-/journal_content/56/332612/6387362/ARTICLE
Town and Country Planning Regulations 2012 sets out bodies prescribed by the Duty:
the Environment Agency
the Historic Buildings and Monuments Commission for England (known as English Heritage)
Natural England
the Mayor of London
the Civil Aviation Authority
the Homes and Communities Agency
each clinical commissioning group established under section 14D of the National Health Service Act 2006
the National Health Service Commissioning Board
the Office of Rail Regulation
Transport for London
each Integrated Transport Authority
each highway authority within the meaning of section 1 of the Highways Act 1980 (including the Secretary of State, where the Secretary of State is the highways authority)
the Marine Management Organisation.
Local Enterprise Partnerships and Local Nature Partnerships are not statutory bodies and are therefore not subject to the Duty in the same way BUT local authorities have to demonstrate how they’ve worked with them to develop strategic policies.
http://www.legislation.gov.uk/uksi/2012/767/regulation/4/made
39 LEPs in place (100% coverage in country) – many overlap therefore some LAs part of more than 1 LEP
LEPs are business-led public/private partnerships and are key to Government’s plans to boost economic growth and come in all shapes and sizes.
They are expected to work closely with local authorities to ensure planning and investment priorities are aligned and are becoming ‘big players’ in the management of strategic funding with regards to infrastructure and economic development.
LEP role boosted significantly following Heseltine report ‘No Stone Unturned’ in November 2012 and the Government’s response ‘Investing in Britain’s Future’ in June 2013 which lead to additional funding from a new Local Growth Fund (£2bn/year from 2015 but mainly from pooled existing funding streams).
Funding for transport, skills and housing to be allocated through bidding process based on Strategic Economic Plans – final versions in place 2014.
First round of ‘Growth deals’ agreed summer 2014 – these are based on SEP priorities and can also include certain flexibilities and freedoms’ similar to those negotiated through City Deals but these need to be a ‘something for something’ deal with clear outcome for Government. SEPs likely to become major planks of any LA’s future investment strategy and priorities will become increasingly influential on local planning decisions.
In addition to Local Growth Fund significant funding also managed by LEPs e.g. :
Regional Growth Fund (RGF) is a £2.6 billion fund operating across England from 2011 to 2016. It supports projects and programmes that lever private sector investment to create economic growth and sustainable employment BIS
Growing places fund – CLG and Treasury (£0.5b)
European structural investment funds (from 2014) – merger of European Regional Development Fund (ERDF), European Social Fund (ESF), European Agricultural Fund for Rural Development (EAFRD)
Still concerns about accountability but this is being improved as a result of the funding streams being managed by LEPs and need for stronger local authority role.
Out of 39 LEPs 23 are committed to housing delivery through LPs and 11 are committed to working on strategic planning with LAs through Duty to Cooperate. A number of others have general commitments to delivering housing.
A number of LEPs have been working with their local authority partners to develop common evidence base e.g:
Coventry & Warwickshire LEP – using LEP Local Authority Joint Committee to steer joint work on employment land, Green Belt and housing
Oxfordshire Authorities- working under auspices of LEP (Growth Board) to develop a joint SHMA and agree long term strategic infrastructure priorities.
Enterprise M3: worked with LAs to develop Large Sites Assessment Study
Much later off the starting block than LEPs and very little funding allocated to them but LNPs can play an important role in helping local authorities to manage strategic environmental assets, assess biodiversity and make the most (environmentally, economically and socially) of green Infrastructure
By Feb 2014, 48 LNPs had been established through formal arrangements with DEFRA.
Government aim is to give LNPs same status as LEPs and expect them to have a role in strategic planning but heavily reliant on voluntary support as very little funding and very little awareness amongst LAs about their status and role so impact limited so far.
Early example (Manchester) growth focus – green economy, green infrastructure and the role of the environment to support growth
Most based on different geography to LEPs – based on more traditional LA boundaries as many have morphed from existing Biodiversity Partnerships
Very little funding (and therefore influence) for delivering their strategic role.
Political leadership/ willingness to share difficult decisions in the ‘interests of the greater good’
Robust shared governance with Member and officer champions
Agree what you’re working together on and what you’re not!
Ensure transparency & clarity in joint decision-making: role of ToR, MoUs, communications strategy – to manage the message and ensure consistency
Strategic planning priorities managed as corporate responsibility
Vertical and horizontal management within
Integrated services: planning, economic development, housing
Strategic planning geography
PPG advocates pragmatic approach
Work on basis of what makes sense to you – can be administrative or functional
May be different geographies for different issues
Alignment of local plan timetables /strategic evidence
Evidence base needs to be on sensible geography – even if neighbours don’t want to be involved BUT still need to involve them in steering arrangements!
work with county councils re strategic infrastructure priorities and LEPs re economic priorities
Work with relevant neighbours to align plan timetables for next round of reviews
Green Belt & other constraints e.g. AONB, National Park
Have a clear vision for your area which can be delivered
Work with neighbours on a strategic basis to address wider needs, especially on Green Belt Reviews
Managing the growth of cities
Needs to be done on a strategic basis – properly integrated long term housing, employment and infrastructure priorities
Shared evidence base
For South East, London is the biggest strategic challenge!
Legal aspects of the Duty being used increasingly as challenge through High Courts.
Key issue at Examination has been meeting objectively assessed housing needs. PAS has published a Technical Advice Note to support LPAs on this critical strategic issues - http://www.pas.gov.uk/web/pas1/local-planning/-/journal_content/56/332612/6363116/ARTICLE
Although meeting OA housing needs still the main issues at Examination, the wider relationship between housing and the LP’s economic strategy increasingly becoming an area of challenge – e.g. Cheshire East and East Staffordshire Examinations suspended in November 2014 as a result of concerns raised by Inspectors.
As no longer in transition period, Inspectors will be looking for clear story of how you have developed your strategic policies in your LP from the beginning and how these will be managed on an ongoing basis.
PAS has developed a Duty to Cooperate template which is aimed at helping LPAs manage the development of their strategic planning policies from the start of the process - http://www.pas.gov.uk/web/pas1/events-and-support2/-/journal_content/56/332612/6387362/ARTICLE
As the decision-makers, Inspectors will be looking to see what the role of Members has been in the development of your strategic policies and how this has been supported e.g. MoU which set out how strategic issues are being developed, what the role of the partners is and what contingencies are in place e.g. as a result of disagreements.
MoUs are a useful tool to manage strategic working but they must be meaningful!
If a neighbouring authority or strategic partner is important in relation to developing /delivering a strategic policy and they are reluctant to work with you, you need to be persistent. An Inspector will want to see evidence that you haven’t given up at the first hurdle and that you have tried to engage key partners in a constructive relationship.
If you don’t receive a response from a neighbour/partner e.g. from an invitation to cooperate, don’t take silence as meaning they are content that there are no strategic issues as it could just be that the letter/email didn’t reach the relevant person. Follow up!
It is possible to present a case where you have tried to cooperate with key partners but they haven’t responded positively but the bar is very high in terms of the evidence.
Work on a common geography which makes sense to your authority.
Chichester Duty to Cooperate Statement is a good example of how they have worked on different geographies to address strategic issues - http://www.chichester.gov.uk/CHttpHandler.ashx?id=21808&p=0
As well as formal/statutory joint DPDs and aligned strategies/policies a number of other non-statutory frameworks are being progressed through local authority groupings or as part of the LEP’s strategic role.
Existing SPIFs:
Coastal West Sussex and Greater Brighton LSS
Cambridgeshire & Peterborough Memorandum of Cooperation
Work also being undertaken in other parts of country to develop SPIFs e.g. :
Surrey, Oxfordshire, Hertfordshire, Leicestershire
e.g. Birmingham & Solihull spatial framework – on stage 3 now which focuses on distributing housing to each of the constituent authorities.
Coventry & Warwickshire LEP – work being undertaken to develop common evidence base to support all LPs in LEP area.
Combined Authorities
Sheffield City Region Combined Authority (Established April 14)
North East Combined Authority (Established April 14)
Greater Manchester Combined Authority (Established 2011)
Liverpool City Region Combined Authority (Established April 14)
West Yorkshire Combined Authority (Established April 14)
Early discussions underway with LAs around Birmingham and Derbyshire
Greater Manchester - 10 authorities in AGMA first to do a statutory joint DPD as a CA. At early stage but hoping to adopt final plan in 2017 which will provide high level strategic framework for local plans. It will provide “…an overarching framework to manage the supply of land across the conurbation……..a basis to secure the strategically important sites…”
