A presentation from the Planning Advisory Service's Duty to Cooperate event by Catriona Riddell, POSe

1. The Duty – Experience
from examinations
Catriona Riddell, POSe

2. 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
Diligent
Ongoing
Mutual Benefit Active
Constructive
Collaborative

3. 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

4. Experience from Examinations
There must be clear, evidenced commitment
from decision-makers:
• The more formal the governance structures, the better
• MoUs useful tools to demonstrate 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

5. 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

6. 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(if already adopted, will be out of date!)

7. 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