The Chiltern and South Bucks Local Plan has become the fourth so far this year to fall foul of the duty to cooperate requirement. This marks the intensification of a trend that has seen 15 councils' local plans withdrawn – or recommended for withdrawal – after failing to demonstrate adequate cooperation with neighbouring districts since the requirement was implemented.

The duty to cooperate requirement seeks to ensure that local planning authorities lead strategic planning effectively through their Local Plans, addressing social, environmental and economic issues that can only be dealt with effectively by working with other authorities beyond their own administrative boundaries.

A simple concept but one that has resulted in as many neighbourly disputes as the average year on the Australian soap, Neighbours. 

In order to avoid such complications at the examination stage of a Local Plan, some councils have joined forces from the start of the plan-making process. In general, these arrangements fall into two categories:

1. The production of a full joint plan document setting out the spatial strategy and development requirements for the whole area.
2. A looser arrangement in the form of an agreement on development requirements, but where spatial planning remains firmly in the remit of each individual local authority.

The Greater Manchester Spatial Framework (GMSF) is an example of 10 individual local planning authorities developing a holistic spatial planning document. In a similar way to the London Plan, it sets out an overall strategy, identifies development requirements and makes strategic allocations. However, responsibility for non-strategic allocations and specific policies remain with the individual councils.

The GMSF has been beleaguered with delays from the outset. The original draft consultation was held in 2016 and has since been subject to a total rewrite following Andy Burnham’s mayoral election victory in 2017.

Prior to the outbreak of Covid-19, timescales were such that there would be no further drafts of the GMSF until after the mayoral elections in May 2020. This election has now been delayed until 2021 which has led some constituent authorities, such as Manchester and Stockport, to begin work on their Local Plans ahead of the GMSF.

Looking elsewhere, the Oxfordshire Growth Deal is an example of a group of authorities agreeing combined development plans in order to access significant government investment to support infrastructure and affordable housing.

However, following that agreement in 2017 there has been increasing friction between the constituent authorities in terms of the level of housing to be provided and the proportion to be met by each council. This has resulted in the delay of the South Oxfordshire Local Plan and potential for withdrawal of infrastructure funding.

But it is not all bad news. Gloucester, Tewkesbury and Cheltenham had their Joint Core Strategy adopted in 2017 with individual Local Plans sitting under this now well advanced. This enabled an overall housing requirement to be met by strategic allocations, despite the presence of significant constraints such as Green Belt, Areas of Outstanding Natural Beauty and flood risk.

A further example of authorities working well together is the Central Lancashire Core Strategy covering Preston, Chorley and South Ribble. The adoption of this plan in 2012 allowed for the realisation of significant growth and associated infrastructure associated with the Preston and Lancashire City Deal. It has been deemed so successful locally that the preparation of a new Central Lancashire Local Plan is now underway.

Political, legislative and administrative issues mean that joint plan-making is not a silver bullet to solve issues related to the duty to cooperate. Indeed, in some circumstances it can exacerbate those issues.

However, it has been successful in several circumstances. Particularly in authorities in which land availability constraints mean that accommodating development is difficult when working alone and there is a broad political consensus on the level of growth to be met.

Thus showing that, as the aforementioned soap’s theme tune tells us, 'Everybody needs good neighbours, with a little understanding, you can find the perfect blend.'

Further information

Contact Savills Planning