Duty to Cooperate - Public forum - Planning Advisory Service (PAS)
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Wedi dechrau - Gorffenaf 2012
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Gweithgaredd diwethaf - Heddiw
Duty to Cooperate
The guidance note produced by the Planning Officers Society on the implementation and interpretation of the NPPF and the localism act advises that the legislative duty to cooperate is not applicable to plans submitted prior to its enactment but which are presently under consideration by the inspectorate. I would be grateful for views on this assessment as it is applicable to a plan I am involved with
This was a legal issue threshed out at the BANES EiP. If you look at the examination webpage you should find the PINS/DCLG legal advice on the matter. This is of course the legislative/procedural side of the DTC issue only not the soundness/outputs side re the final NPPF.
Deborah Sacks, Addaswyd 12 Years yn ôl.
Re: Duty to Cooperate
New Member Post: 1 Dyddiad Ymuno: 20/10/2011 Bostiadau diweddar
0
If an authority says that they have read the plans of a neighbouring authorities (or at least their consultants have), do you think that would count as co-operating?
I think what Richard means is that no, PAS's view is that this certainly wouldn't count as co-operating. Not even a smidgen.
"If an authority says that they have read the plans of a neighbouring authorities (or at least their consultants have), do you think that would count as co-operating?" Wow, no I don't think that would be enough at all. PINS have stressed that the duty to cooperate isn't so much about the process, it's about the outcomes. An LPA should focus on reaching solutions (or at least an agreed way forward if there is no consensus on the solution) to the key strategic issues facing their area. Key strategic issues will vary depending on your local area but include housing, transport, economy, climate change, environment, heritage, gypsies and travellers, and minerals and waste. How they do this is less important, but I'd suggest that simply reading neighbouring documents is not sufficient. PINS expect to see a written statement of what has been done under the duty to cooperate and why for examination of the Local Plan. Mechanisms for 'cooperating' could include - shared evidence base documents and studies - a common or shared policy on a particular issue - aligned plans with a number of common policies on some issues - joint plans with common policies on all issues PAS has produced some very useful guidance on strategic planning and the duty to cooperate: http://www.pas.gov.uk/pas/core/page.do?pageId=2133313