Issue - meetings

Recommendation HP 24/24 of the Housing and Planning Scrutiny Select Committee of 21 May 2024 in respect of the Local Plan and the Duty to Co-operate.

Consideration was given to recommendation HP 24/24 of the Housing and Planning Scrutiny Select Committee of 21 May 2024 in respect of the Local Plan and the legal obligations of the duty to co-operate and partnership working.

Cabinet had due regard to the views of the Scrutiny Select Committee, the financial and value for money considerations, the legal implications and noted that the Duty to Co-operate was a legal requirement on local planning authorities to engage with other relevant authorities and bodies constructively, actively and on an ongoing basis in relation to strategic planning matters.

RESOLVED:  That

(1)             the contents of the report and the legal requirement regarding the Duty to Co-operate as part of the Local Plan process be noted.

(Decision Notice: D240060CAB)

Consideration was given to recommendation HP 24/24 of the Housing and Planning Scrutiny Select Committee of 21 May 2024 in respect of the Local Plan and the legal obligations of the duty to co-operate and partnership working.

Cabinet had due regard to the views of the Scrutiny Select Committee, the financial and value for money considerations, the legal implications and noted that the Duty to Co-operate was a legal requirement on local planning authorities to engage with other relevant authorities and bodies constructively, actively and on an ongoing basis in relation to strategic planning matters.

The Cabinet Member for Planning (Cllr Taylor) observed that lessons had been learnt from previous experience in respect of demonstrating co-operation with neighbouring authorities.

RESOLVED:  That the contents of the report and the legal requirement regarding the Duty to Co-operate as part of the Local Plan process be noted.

The Duty to Cooperate (DtC) is a legal requirement on local planning authorities to engage with other relevant authorities and bodies constructively, actively and on an ongoing basis in relation to strategic planning matters. This report provides an update on duty to cooperate, partnership working and reporting.

The report of the Director of Planning, Housing and Environmental Health provided an update on the duty to co-operate, partnership working and reporting.

Members were reminded that the Duty to Co-operate was a legal requirement on local planning authorities to engage with other relevant authorities and bodies constructively, actively and on an ongoing basis in relation to strategic planning matters. 

A simple guide to strategic planning and the duty to co-operate was attached at Annex 1.

Government considered that effective and on-going joint working was integral to the production of  a positively prepared and justified Local Plan. It was intended that joint working should help to determine where additional infrastructure was necessary, whether development needs that could not be met wholly within a particular area plan could be met elsewhere.  It was good practice for local authorities to keep an accurate record of meetings undertaken with neighbouring authorities and other bodies.  These would inform the preparation of statement of common ground later in the plan making process.

A record of engagement providing a summary of contact between the Borough Council and neighbouring authorities from July 2021 was attached at Annex 2.  Members were advised that since the publication of the agenda, a further request to assist with unmet need had been received from Sevenoaks District Council.    The record of engagement would be updated accordingly.

*RECOMMENDED:   That the contents of the report and the legal requirements regarding the Duty to Co-operate as part of the Local Plan process be noted.

*Recommended to Cabinet