This document discusses strategic planning and the duty to cooperate between local authorities. It provides guidance on how strategic planning helps deliver effective local plans and the legal requirements for authorities to cooperate constructively on issues that cross boundaries, like housing, infrastructure and the environment. Recent experience from local plan examinations shows inspectors expect authorities to proactively work together from the start on shared evidence and solutions. New models are emerging like combined authorities and partnerships with Local Enterprise Partnerships that integrate strategic planning with economic priorities.

1. Strategic Planning & your Duty
to Cooperate
www.pas.gov.uk
Officer Briefing

2. 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.

3. The Duty to Cooperate
in Context

4. 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

5. 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

6. 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

7. 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”.

8. 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.”

9. 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”.

10. 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

11. 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

12. 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.

13. 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.”

14. 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

15. 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

16. The Duty – Experience
from examinations

17. 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

18. 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

19. 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

20. 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

21. 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!)

22. 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

23. New and emerging models
in Strategic Planning

24. 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

25. 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.

26. 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

27. 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

28. 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)

29. 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_

30. Your Duty to Cooperate
Statement

31. Your Duty to Cooperate Statement
The 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.

32. 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.

33. Your Duty to Cooperate Statement
Local 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

34. Further strategic planning support
from PAS
http://www.pas.gov.uk/strategicplanning
•1:1 critical friend support/Dragons’ Den
•Good practice
•Case studies

35. Contact us
email pas@local.gov.uk
web www.pas.gov.uk
phone 020 7664 3000