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Duty to Cooperate December 2017 to Accompany Guildford Borough Submission Local Plan: Strategy and Sites

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Duty to Cooperate December 2017 to Accompany Guildford Borough Submission Local Plan: Strategy and Sites Topic paper: Duty to Cooperate December 2017 To accompany Guildford borough Submission Local Plan: strategy and sites Alternative formats If you would like to read this consultation document in a different format such as large print or a different language, please contact Planning Policy: Telephone: 01483 444471 Email: [email protected] Guildford borough Topic Paper: Duty to Cooperate 2 Contents 1. Purpose of this topic paper 5 2. Policy context 5 3. Evidence base 7 4. Appraisal 7 Strategic context 7 Scoping of issues 8 Consultation feedback 9 Strategic cooperation 9 Specific issues 13 5. Local Plan policy approach 15 6. Next steps 15 Appendix 1: Matrix of prescribed bodies and strategic issues 41 Appendix 2: Surrey Strategic Planning and Infrastructure Partnership – Memorandum of Understanding 42 Appendix 3: Surrey Strategic Planning and Infrastructure Partnership – Terms of Reference 46 Appendix 4: Cooperation with the prescribed bodies 50 Appendix 5: Regulation 19 representations from prescribed bodies 69 Appendix 6: Regulation 19 representations from neighbouring councils, including county councils 159 Appendix 7: Regulation 19 representations from other key organisations 234 Appendix 8: Audit trail of ongoing cooperation 258 Appendix 9: West Surrey Memorandum of Understanding 364 Appendix 10: West Surrey Statement of Common Ground 367 Appendix 11: West Surrey areas of common ground 371 Guildford borough Topic Paper: Duty to Cooperate 3 Page intentionally left blank Guildford borough Topic Paper: Duty to Cooperate 4 Topic Paper: Duty to Cooperate 1 Purpose of this topic paper 1.1 This topic paper is one in a series, which sets out how we have developed the key strategy within the Guildford borough Submission Local Plan: strategy and sites document. Each topic paper will look at the relevant national and local guidance that informs the Submission Local Plan. Topic papers explain how the strategy has developed, in addition to the information, evidence and feedback that have informed the choices made in formulating the policies. 1.2 The intention of the topic papers is to provide background information; they do not contain any policies, proposals or site allocations. Topic papers have been produced to accompany the Submission Local Plan to the Secretary of State for examination. 1.3 The main areas covered by this topic paper are: Strategic context Scoping of issues Consultation feedback Strategic cooperation Specific issues 2 Policy Context National context 2.1 Our policies must be positively prepared, justified, effective and consistent with national policy and legislation. The National Planning Policy Framework (NPPF) sets out the overarching planning policy framework, supported by Planning Practice Guidance. 2.2 The duty to cooperate was created in the Localism Act 2011. It places a legal duty on local planning authorities, county councils in England and public bodies to engage constructively, actively and on an ongoing basis to maximise the effectiveness of local plan preparation in the context of strategic cross boundary matters. 2.3 The prescribed bodies, as set out in the accompanying Town and Country Planning (Local Planning) (England) Regulations 2012, are: the Environment Agency Historic England Natural England the Mayor of London the Civil Aviation Authority the Homes and Communities Agency Clinical commissioning groups the National Health Service Commissioning Board the Office of Rail Regulation Transport for London Each highway authority (in our case this is Highways England and Surrey County Council), and Marine Management Organisation (in our case not relevant) Guildford borough Topic Paper: Duty to Cooperate 5 2.4 The NPPG states that whilst Local Enterprise Partnerships (LEPs) and Local Nature Partnerships are not subject to the requirements of the duty, local planning authorities and the public bodies that are subject to the duty must cooperate with them and have regard to their activities, so long as those activities are relevant to local plan making. 2.5 The Localism Act defines a strategic matter as sustainable development or use of land that has, or would have, a significant impact on at least two planning areas, including county council matters. 2.6 In particular, the duty should ensure that strategic priorities are properly coordinated and reflected in local plans. The NPPF (paragraph 156) requires that we set out the strategic priorities for our area. These include strategic planning policies to deliver: the homes and jobs needed in the area retail, leisure and other commercial development infrastructure for transport, telecommunications, waste management, water supply, wastewater, flood risk and coastal change management, and the provision of minerals and energy (including heat) health, security, community and cultural infrastructure and other local facilities, and climate change mitigation and adaptation, conservation and enhancement of the natural and historic environment, including landscape. 2.7 The duty to cooperate should lead to effective policies on strategic cross boundary matters. For this reason, inspectors will assess the outcomes of cooperation and not just whether we have approached others. The duty to cooperate is a legal test which is separate from but related to the Local Plan test of soundness. 2.8 At examination, the inspector will consider whether we have complied with the duty to cooperate. The Inspector will recommend that the Local Plan is not adopted if the duty has not been complied with and the examination will not proceed any further. 2.9 If the Inspector finds that the duty has been complied with, the examination will also test whether the Local Plan is sound. The test of soundness, set out in the NPPF (paragraph 182), assesses whether the Local Plan is: positively prepared; justified; effective; and consistent with national policy. 2.10 In assessing whether the Local Plan is effective, the Inspector will assess whether it is deliverable within the timescale set by the Local Plan and if it demonstrates effective joint working to meet cross boundary strategic priorities. Neighbourhood Plans 2.11 Neighbourhood Planning enables Neighbourhood Forums and Parish Councils to develop a plan setting out a vision and planning policies for their designated neighbourhood area. Those ‘Neighbourhood Plans’ which are successfully adopted will form part of the statutory development plan for the area that they cover. Where a Neighbourhood Plan is adopted or emerging before an up-to-date Local Plan is in place, the local planning authority should take it into account when preparing Local Plan policies. Guildford borough Topic Paper: Duty to Cooperate 6 2.12 There is currently one adopted Neighbourhood Plan (Burpham), one emerging, post- examination Neighbourhood Plan (Effingham), and one progressing towards examination (East Horsley) within the borough. Six other Parish Councils are also currently producing Neighbourhood Plans. 2.13 Given neighbourhood plans should only cover non-strategic policies, we do not consider that there should be potential conflicts between any aopted/emerging neighbourhood plans and the policy approach in the Submission Local Plan: strategy and sites. 2.14 The weight given to an emerging plan will depend on, among other things, the extent to which there are unresolved objections to the plan (NPPF paragraph 216). Therefore, an emerging neighbourhood plan will pick up weight once evidence of consultation is published and the level of unresolved objection is known. At time of writing, the Effingham Neighbourhood Plan has been through examination, which has resolved any remaining objections, and is progressing towards a referendum. The East Horsley neighbourhood plan is progressing towards examination and is accorded very little weight at this stage. 2.15 Details are available at www.guildford.gov.uk/neighbourhoodplanninginformation. 3 Evidence base 3.1 The NPPF requires us to develop policies based on up to date evidence. Our evidence base comprises documents that have helped inform past and current stages of our Local Plan policy development and emerging evidence that will help inform future development of policies for the Local Plan. Where appropriate, we have worked on these jointly or collaboratively with neighbouring councils or prescribed bodies. 3.2 Further information and copies of the evidence base documents are available on the Councils website at: www.guildford.gov.uk/newlocalplan/evidencebase. 4 Appraisal 4.1 The following section brings together relevant legislation and key evidence base findings where appropriate. It highlights the main areas relevant to our approach to fulfilling our duty to cooperate. Strategic context 4.2 Guildford is the county town of Surrey, known for its historical buildings, landscapes, cultural associations and the picturesque town centre. Situated in the south west of the county, on the border with Hampshire, the borough is surrounded principally by Green Belt, with countryside to the west. Figure 1 illustrates Guildford borough’s position in relation to surrounding authorities. The urban areas of Guildford, and Ash and Tongham are home to many of the borough’s residents, with further communities in village settlements. In total, we have approximately 145,500 residents. We are within commuting distance from London and about 70 kilometres from the south coast. We also have an important sub-regional role as a regional administrative and commercial centre and Guildford town is Surrey
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