Agenda item

The Executive considered a report (Agenda Item 7) which set out that under the Localism Act 2011 (Regulation 110 Duty to Co-operate) that the unitary authorities in Berkshire had produced two Memorandums of Understanding to guide work on Strategic Planning and on Minerals and Waste Planning.

Councillor Hilary Cole stated that this was a statutory requirement which had been introduced under the Localism Act of 2011 which required local planning authorities to work with neighbouring authorities and other prescribed bodies in preparing their Development Plan Documents (DPDs). Previously this role had been undertaken at the regional level by the South East England Regional Assembly through the South East Plan and at a county level by the Joint Strategic Planning Unit through the Berkshire Structure Plan.

Section 110 of the Localism Act placed a legal duty on local authorities and prescribed bodies to co-operate when preparing DPDs in order to address strategic planning issues relevant to their areas. This duty to co-operate:

·         related to development or use of land that would have a significant impact on at least two local planning areas;

·         required that councils set out planning policies to address such issues;

·         required that councils and other bodies ‘engaged constructively, actively and on an ongoing basis’ to develop strategic policies; and

·         required councils to consider joint approaches to plan making.

The duty to co-operate would now be tested at examination whenever the Council prepared or reviewed a DPD as part of the Local Plan. A Plan would be found unsound if the duty had not been complied with.

Councillor Cole advised that in terms of progress with the implementation of the duty to co-operate the Executive had already agreed to sign up to the South East Waste Planning Advisory Group Memorandum of Understanding in May 2013 and this committed the Council to undertake joint working on waste related matters across the south east.

Additional Memorandums of Understanding had now been prepared to form an ongoing basis for implementing the duty for both strategic planning and minerals and waste planning across the former County of Berkshire. These were not intended to be legally binding but to set out how joint working on these issues would proceed.

Councillor Royce Longton stated that he supported the proposals but queried whether this duty to co-operate related specifically to the Berkshire authorities or whether there was more flexibility to include other neighbouring authorities such as Wiltshire and Hampshire. Councillor Cole responded that it would apply to any neighbouring authority but would principally relate to Berkshire. Councillor Jeff Brooks agreed that there would be other adjacent authorities which would be impacted by this and he asked for assurance that this could be taken into account. Councillor Cole confirmed that this had been discussed at the Planning Policy Task Group and it had been agreed that any plans from adjacent authorities would be taken into account.

RESOLVED that the Executive enter into the Memorandums of Understanding.

Reason for the decision: The Duty to Co-operate is a statutory requirement.

Other options considered: None.