Comment

Representation ID: 9969

Received: 29/07/2022

Respondent: Gladman Developments Ltd

The Duty to Cooperate is a legal requirement established through Section 33(A) of the Planning and Compulsory Purchase Act 2004, as amended by Section 110 of the Localism Act. It requires local authorities to engage constructively, actively and on an ongoing basis with neighbouring authorities on cross-boundary strategic issues throughout the process of Plan preparation. As demonstrated through the outcome of the 2020 Sevenoaks District Council Local Plan examination and subsequent Judicial Review, if a Council fails to satisfactorily discharge its Duty to Cooperate, this cannot be rectified through modifications and an Inspector must recommend non-adoption of the Plan.
Whilst Gladman recognise that the Duty to Cooperate is a process of ongoing engagement and collaboration, as set out in the Planning Practice Guidance (PPG) it is clear that it is intended to produce effective policies on cross-boundary strategic matters. In this regard, Bedford Borough Council must be able to demonstrate that it has engaged and worked with neighbouring authorities, alongside their existing joint working arrangements, to satisfactorily address cross-boundary strategic issues, and the requirement to meet any unmet housing needs. This is not simply an issue of consultation but a question of effective cooperation.
The NPPF sets out that local planning authorities should produce, maintain, and update one or more Statement(s) of Common Ground throughout the plan making process1. The SoCG(s) should provide a written record of the progress made by the strategic planning authorities during the process of planning for strategic cross-boundary matters and will need to demonstrate the measures local authorities have taken to ensure cross boundary matters have been considered and what actions are required to ensure issues are proactively dealt with e.g. unmet housing needs.
The PPG is also clear that local authorities should have made a SoCG available on their website by the time they publish their draft plan, in order to provide communities and other stakeholders with a transparent picture of how they have collaborated2. The Bedford Local Plan pre-submission consultation is not accompanied by a SoCG nor a Duty to Co-operate Statement. Instead, a series of position statements accompany the document as neighbouring authorities were not aware of the contents of the pre-submission Local Plan ahead of its formal publication. As such at this stage, it is not possible to ascertain duty to cooperate partners views of the Local Plan and where areas of agreement or disagreement may arise. Following publication of either a signed SoCG and / or Duty to Co-operate Statement, Gladman reserve the right to submit further comments on the Council’s compliance with the Duty to Co-operate either in written Examination Hearing Statements or orally during Examination Hearing Sessions.