Object

Representation ID: 6154

Received: 09/09/2021

Respondent: Savills

Agent: Savills

Strategic Planning Matters and the Duty to Cooperate
The consultation documents say surprisingly little about strategic planning matters or the position in respect
of cooperation discussions across local authority boundaries.
Strategic policy-making authorities are required to cooperate with each other, and other bodies, when
preparing, or supporting the preparation of policies which address strategic matters. This includes those
policies contained in local plans.
Section 19 of the Planning and Compulsory Purchase Act 2004 relates to the preparation of local
development documents. Section 19 (1B) states:
“Each local planning authority must identify the strategic priorities for the development and use of land in the
authority's area.”
It is not obvious as to how this emerging Local Plan will comply with this.
Paragraph 24 of NPPF (2021) states:
“Local planning authorities and county councils (in two-tier areas) are under a duty to cooperate with each
other, and with other prescribed bodies, on strategic matters that cross administrative boundaries.”
The duty to cooperate is a legal test that requires cooperation between local planning authorities and other
public bodies to maximise the effectiveness of policies for strategic matters in Local Plans. It is separate from
but related to the Local Plan test of soundness.
The statutory duty to co-operate is found in section 33A - Duty to co-operate in relation to planning of
sustainable development, of the Planning and Compulsory Purchase Act 2004.
The following is a quote from sub-section 4 of 33A.
“(4) For the purposes of subsection (3), each of the following is a “strategic matter”—
(a) sustainable development or use of land that has or would have a significant impact on at least two
planning areas, including (in particular) sustainable development or use of land for or in connection with
infrastructure that is strategic and has or would have a significant impact on at least two planning areas, and
(b) sustainable development or use of land in a two-tier area if the development or use—
(i) is a county matter, or
(ii) has or would have a significant impact on a county matter.”
Paragraph 17 of the NPPF requires local planning authorities to prepare a development plan that includes
strategic policies to address each local planning authority’s priorities for the development and use of land in
its area. These strategic policies can be produced in different ways, depending on the issues and
opportunities facing each area, for example through a joint or individual local plan.
It would be useful to see an explanation on this prior to the next consultation. If the Council considers that
the Local Plan does not contain any of the strategic matters laid out under the 2004 Act then this should be
explained. There are examples where Local Plans have not been successful at examination because of this
matter, for example St Albans City and District.
Timescales including Plan Period
We agree that the 2030 Local Plan needs to be reviewed and for a new local plan to be prepared.
We note at paragraph 1.1 that the update to the local plan is described as having to reflect emerging national
policies for the Oxford to Cambridge Arc and that Policy 1 of the Local Plan 2030 requires that the review is
progressed swiftly, with the submission of the plan to Government for examination by January 2023 so that
examination in public can commence. We consider an ambitious timescale is necessary here and would
question whether submission in January 2023 at the earliest, as identified in the January 2021 Local
Development Scheme, is sufficiently ambitious. This would only bring about adoption of the new local plan at
the end of 2023 at the earliest.
Paragraph 22 of the NPPF states that strategic policies should look ahead over a minimum 15 year period
from adoption, to anticipate and respond to long-term requirements and opportunities, such as those arising
from major improvements in infrastructure. Where larger scale developments such as new settlements or
significant extensions to existing villages and towns form part of the strategy for the area, policies should be
set within a vision that looks further ahead (at least 30 years), to take into account the likely timescale for
delivery.
It seems likely that this emerging new local plan will include larger scale development of at least one of the
examples provided under paragraph 22 which suggests that whilst the proposed plan period to 2040 can be
seen to be reasonable, the local plan should include a vision that looks further ahead to 2050 or beyond.
The Tests of Soundness
It is acknowledged that this consultation does not require consultation responses to comment against the
tests of soundness found at section 3 plan-making of the NPPF (2021) but it is nonetheless relevant to have
these in mind now ahead of preparation of the submission version local plan.
Monitoring and Review
Paragraphs 31 to 33 of the NPPF (2021) provides policy guidance on preparing and reviewing plans. Whilst
it is acknowledged that reviews at least every five years are a legal requirement for all local plans under
Regulation 10A of the Town and Country Planning (Local Planning) (England) Regulations 2012), it is still
necessary for a Local Plan to contain proposals for monitoring against targets and conditions that are
envisaged to give rise to a review ahead of the requirement under the 2012 Regulations.