Strategic Planning & the Duty to Co-operate

Andrew PritchardDirector of Policy & Infrastructure

Introduction

● Why is strategic planning important?● A new approach to strategic planning ● The duty to co-operate● Conclusions● Final thoughts

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

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

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

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

Duty to Co-operate: other public bodies

● 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: 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

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

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

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

The ‘sharing trade-off’

• Increased access to funding?

• Clear and deliverable investment framework?

• Adopted local plan?• Risk management e.g.

flooding, water supply?

SS Strategic Planning

Rising to the Challenge

• Demonstrating leadership

• Locally driven ‘strategic’ priorities

• Corporate ownershipHMS Cooperation

• Continuity & consistency

• Honesty & transparency

• Keeping it real & deliverable

Get your house in order!

4. Establish ‘fit for purpose’ governance & support arrangements

3. Review existing partnerships & working groups

2. Ensure corporate roles & responsibilities are clear & understood

1. Identify ‘strategic’ issues to be addressed

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

Level 1: Simple Guide Q &A

Level 2: What are the key strategic issues?

Level 3: What are the mechanisms?

Level 4: 10 Golden Rules of Strategic Planning

Level 5: Case Studies

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

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