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New Southwark Plan Proposed Submission Version: Duty to Cooperate Statement

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New Southwark Plan Proposed Submission Version: Duty to Cooperate Statement New Southwark Plan Proposed Submission Version: Duty to Cooperate Statement 1 Introduction New Southwark Plan 1.1 The New Southwark Plan (NSP) will be the regeneration strategy and development plan (along with the London Plan) for Southwark. The final NSP will replace the saved policies of the Southwark Plan 2007 and the Core Strategy 2011 and will be used to set out the council’s aspirations for regeneration and to make decisions on planning applications. The preparation has involved open consultation since October 2013 with many versions being subject to considerable meaningful discussion with residents, businesses, landowners, developers and other public bodies. 1.2 The NSP has been prepared with full regard to the adopted London Plan 2016 and joint work on the emerging new London Plan. The London Plan is legally part of each of London’s local planning authorities’ development plan and must be taken into account when planning decisions are taken in any part of London. The London Plan provides the strategic, London-wide policy context for borough local development plan documents (DPD); all local DPDs and Neighbourhood Plans have to be ‘in general conformity’ with the London Plan. 1.3 The NSP is currently at the Proposed Submission Version stage and is the subject of consultation. Several stages of consultation have already been undertaken for the NSP. Between November 2013 and March 2014 the council carried out an informal stage of consultation through a survey focused on the borough’s high streets. The Issues and Options version of the NSP was consulted on from October 2014 to March 2015. This version of the plan set out early draft policies and area visions. Between October 2015 and February 2016 the council consulted on the Preferred Option draft of the policies of the NSP. The Area Visions and Site Allocations consultation formed the second part of the Preferred Option stage and was consulted on from February to July 2017. Since the close of these consultations, the council has had the opportunity to review the responses received and produced a set of New and Amended policies which was consulted on in an ‘interim’ consultation from June to September 2017. Cooperation on strategic matters 1.4 We have been working in partnership with London boroughs, the Mayor of London and other public bodies to cooperate on planning matters that cross borough boundaries. We do this so that we can align our planning policies and regeneration 1 activities to get the best outcomes from development for Southwark’s residents and businesses as well as those of our neighbours. This ongoing work has informed each version of the NSP. Since 2011 this approach to engagement has also been required under law. 1.5 The Localism Act 2011 amended the Planning and Compulsory Purchase Act 2004, by inserting a new legal requirement referred to as the ‘Duty to Co-operate’. The Duty to Co-operate places a legal duty on local planning authorities, county councils in England and other prescribed bodies engage constructively, actively and on an ongoing basis to develop DPDs, including activities that prepare the way or support the activities of preparing DPDs, in respect of strategic matters. 1.6 The Duty to Co-operate specifically relates to ‘strategic matters’ which are defined as: sustainable development or use of land that has or would have a significant impact on at least two planning areas, in particular in connection with sustainable development or use of land for or in connection with strategic infrastructure which has or would have a significant impact on at least two planning areas. 1.7 Paragraph 156 of the National Planning Policy Framework (NPPF) also outlines strategic priorities that a local plan should have strategic policies to cover. They include: The homes and jobs needed in the area; The provision of retail, leisure and other commercial development; The provision of infrastructure for transport, telecommunications, waste management, water supply, wastewater, flood risk and the provision of minerals and energy (including heat); The provision of 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. 1.8 In accordance with the NPPF (paragraph 159), public bodies have a duty to cooperate on planning issues that cross administrative boundaries, particularly those which relate to the strategic priorities set out above. 1.9 The NPPF (paragraph 179) also highlights the need for local planning authorities to work collaboratively with other bodies to ensure that strategic priorities across local boundaries are properly co-ordinated and are reflected in individual local plans. Joint working should allow local planning authorities to work together to meet development requirements that cannot be wholly met within a single local planning area. Local planning authorities should also take account of different geographic areas, including travel-to-work areas. Local planning authorities should work collaboratively on strategic planning priorities to enable delivery of sustainable development and infrastructure (paragraphs 162 and 180). 1.10 Cooperation should be a continuous process of engagement, resulting in a final position where plans are in place to provide the land and infrastructure necessary to support current and projected future levels of development. Local planning authorities are expected to demonstrate evidence of having effectively co-operated 2 to plan for issues with cross-boundary impacts when their Local Plans are submitted for examination. This evidence could include plans or policies prepared as part of a joint committee, a memorandum of understanding or a jointly prepared strategy. A Planning Inspector can consider whether this duty has been complied with in the examination of planning documents. 1.11 The preparation of Local Plans is governed by the Town & Country Planning (Local Planning) (England) Regulations 2012 (as amended). This sets out a list of prescribed bodies that the Duty to Co-operate applies to, which includes: the Environment Agency the Historic Buildings and Monuments Commission for England (known as Historic England) Natural England the Mayor of London the Civil Aviation Authority the Homes and Communities Agency each clinical commissioning group established under section 14D of the National Health Service Act 2006 the National Health Service Commissioning Board the Office of Rail Regulation Transport for London (TfL) each Integrated Transport Authority each highway authority within the meaning of section 1 of the Highways Act 1980 (including the Secretary of State, where the Secretary of State is the highways authority) the Marine Management Organisation. 1.12 As advised in the Planning Practice Guidance, the duty to cooperate is not a duty to agree. However, local planning authorities should make every effort to secure the necessary cooperation on strategic cross boundary matters before they submit their Local Plans for examination. 1.13 Within London, the Planning Practice Guidance states that the degree of cooperation needed between boroughs will depend on the extent to which strategic issues have already been addressed in the London Plan. Evidence of cooperation 1.14 The purpose of this paper is to provide information on the constructive, active and continuous process of engagement which has underpinned the preparation of the NSP. 1.15 Section 2 sets out how we have engaged and cooperated with planning authorities neighbouring Southwark and across London, the Mayor of London and other 3 prescribed bodies. It also sets out how we have had regard to the local enterprise partnership and the local nature partnership. 1.16 Section 3 explains how strategic cooperation has resulted in effective and deliverable policies on cross-boundary matters. 1.17 Section 4 concludes on compliance with the legal duty. 2 Engagement under the Duty 2.1 The council has made every effort to secure the necessary cooperation on strategic cross boundary matters before submitting the NSP for examination through active and sustained engagement from the outset of plan preparation. This has gone beyond formal consultation to include regular meetings, involvement in the preparation of joint evidence base, and early and ongoing discussions on policy development and to share findings from partners’ emerging evidence base. 2.2 Co-operation arrangements have provided both formal and informal opportunities for our partners and prescribed bodies to input and comment on aspects of the NSP approach and evidence base. The consultation report published alongside the NSP provides an overall picture of formal consultation carried out that has included the prescribed bodies and explains how matters raised through consultation have been taken onto account. The consultation report provides a response to each point raised and identifies how these views have been taken into consideration and whether a change has been made to the NSP as a result. Where any matter raised has not resulted in a change the reason for this is also set out. 2.3 Many of the strategic matters and key issues to be addressed through compliance with the Duty to Co-operate are, in London, a matter for The London Plan or are otherwise addressed through the preparation of the London Plan. This includes the overall amount of housing to be provided for London, borough by borough. 2.4 The adopted London Plan has been prepared and amended as follows: 2011 The London Plan was formally published. 2013 Revised Early Minor Alterations to the London Plan were formally published – the minor alterations sought to ensure consistency with the NPPF and arrangements for the newly introduced 'affordable rent' housing product. 2015 Further Alterations to the London Plan were formally published – the further alterations sought to incorporate up-to-date estimates of housing need and housing land availability and new (higher) affordable housing targets. The London Plan 2015 was published, consolidating the 2011 Plan with all subsequent alterations.
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