Duty to Cooperate Statement - August 2014 High Peak Local Plan - August 2014 Duty to Cooperate Statement - August 2014 Contents 1 Introduction 3 2 Background and context 4 3 Cooperation and partnership working 6 4 Outcomes and future arrangements 22 5 Appendix 1 - Copies of signed agreements relating to Duty to Cooperate matters 44 6 Appendix 2 - Minutes of meetings relating to Duty to Cooperate matters 73 7 Appendix 3- Correspondence relating to Duty to Cooperate matters 126 High Peak Local Plan - August 2014 Duty to Cooperate Statement - August 2014 1 Introduction 1.1 Strategic planning is a key element of plan-making to ensure that social, economic and environmental issues are properly addressed at a larger then local scale. This is because the actions of people, businesses and services have consequences which go beyond a single local authority area. 1.2 In order to address strategic planning issues, relevant local authorities and other public bodies are required to work together through the ‘duty to co-operate’ as set out in the Localism Act 2011 and described further in the National Planning Policy Framework (NPPF) and draft National Planning Practice Guidance (NPPG). The purpose of the duty is to ensure that local authorities and public bodies that are critical to plan making cooperate with each other and that they are involved in continual constructive and active engagement as part of the planning process 1.3 The purpose of this Statement is to provide an overview of how the Council has met its obligations under the Duty to Cooperate with regard to the High Peak Local Plan. The ‘duty to co-operate’ is a legal requirement of the plan preparation process and this Statement seeks to evidence the work that has been done in preparing the Local Plan and how this will be taken forward in future plan-making. 1.4 The remainder of this statement is structured around the following sections: Section 2 (Background and context) - this sets out the statutory and policy requirements for the Duty to Cooperate and the background of the High Peak Local Plan Section 3 (Cooperation and partnership working) - provides details of cooperation matters and partnership working that have shaped the Local Plan and assist in its delivery Section 4 (Outcomes and future arrangements) - provides a summary of outcomes of cooperation and how they will be implemented over the plan period 1.5 The following appendices also accompany the statement: Appendix 1 - Copies of signed agreements relating to Duty to Cooperate matters Appendix 2 - Minutes of meetings relating to Duty to Cooperate matters Appendix 3 - Correspondence relating to Duty to Cooperate matters High Peak Local Plan - August 2014 3 Duty to Cooperate Statement - August 2014 2 Background and context Localism Act 2011 2.1 Section 110 of the Localism Act sets out a ‘duty to cooperate’ for local planning authorities and other prescribed bodies in relation to planning for sustainable development when preparing Development Plan Documents, other Local Development Documents and other plans relating to strategic matters. Specifically, the duty: Relates to sustainable development or use of land that would have a significant impact on at least two local planning areas or on a planning matter that falls within the remit of a County Council; Requires that Councils set out planning policies to address such issues; Requires that Councils and public bodies to ‘engage constructively, actively and on an ongoing basis’ to develop strategic policies; and Requires Councils to consider joint approaches to plan making. 2.2 The ‘prescribed bodies’ which the Council has a duty to co-operate with are set out in the Town & Country Planning (Local Planning) (England) Regulations 2012 as amended by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013. In addition to Local Planning Authorities, those relevant to High Peak Borough Council are: Environment Agency Historic Buildings and Monuments Commission for England (English Heritage) Natural England Civil Aviation Authority Homes and Communities Agency Clinical commissioning groups established under section 14D of the National Health Service Act 2006 (North Derbyshire CCG & Tameside and Glossop CCG) National Health Service Commissioning Board Office of Rail Regulation Integrated Transport Authority (Transport for Greater Manchester) Highway authorities within the meaning of section 1 of the Highways Act 1980 (Highways Agency & Derbyshire County Council) 2.3 Whilst Local Enterprise Partnerships and Local Nature Partnerships are not subject to the Duty to Cooperate, local planning authorities should have regard to their activities. In addition, to the above bodies to which the Duty to Cooperate is directly applicable, the Borough Council also has ongoing engagement with the Greater Manchester Combined Authority (GMCA) on cross boundary matters, including strategic transport and economic development. The GMCA comprises of representatives of all Greater Manchester local authorities, including Stockport MBC and Tameside MBC which border High Peak. National Planning Policy Framework 2.4 The NPPF specifies national planning policies for England. Paragraphs 178 to 181 emphasise the importance of planning strategically to address issues across administrative boundaries, particularly priorities that relate to: the homes and jobs needed in the area; 4 High Peak Local Plan - August 2014 Duty to Cooperate Statement - August 2014 2 Background and context the provision of retail, leisure and other commercial development; the provision of infrastructure for transport, telecommunications, waste management, water supply, wastewater, flood risk and coastal change management, 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 2.5 The outcome of collaborative working on such priorities should be reflected in the Local Plan. This includes the outcome of joint working with relevant local planning authorities to ensure that development requirements are met when they cannot be fully provided in a single Local Plan area due to physical or national policy constraints. The preparation of joint policies, strategies or a Memorandum of Understanding are all advocated as means of ensuring that an agreed position will continue to be adhered to during the plan period. 2.6 Compliance with the Duty to Cooperate is necessary for the Local Plan to be adopted. As such, the Planning Inspector will consider this issue at the Examination of the Local Plan. The Council is also required to monitor and report on actions undertaken under the Duty to Cooperate on a annual basis. Draft National Planning Practice Guidance 2.7 The draft NPPG was published in 2013. The document provides further practical guidance and clarification regarding the Duty to Cooperate and wider planning policies. High Peak Local Plan 2.8 The High Peak Local Plan as published in 2014 has been informed by ongoing joint working with partner organisations and consultation dating back to before the Duty to Cooperate was introduced in 2011. This includes work on the former Derbyshire Dales and High Peak Joint Core Strategy that commenced in 2009. A draft Joint Core Strategy was issued for consultation in 2010. The Core Strategy provided strategic planning guidance and some development management policies for the parts of High Peak and Derbyshire Dales that lie outside of the Peak District National Park. The plan was underpinned by a joint evidence base for the whole of the Peak Sub-Region as defined by the now abolished East Midlands Regional Plan. This included High Peak, Derbyshire Dales and the Peak District National Park Authority, Whilst broad locations for development were identified, specific land allocations were not included in the Core Strategy. 2.9 Joint working with Derbyshire Dales District Council on the Joint Core Strategy ended in April 2012. This was due to a desire to provide a quicker and less costly single Development Plan for the Borough which could more closely reflect the vision and aspiration of local communities and accommodates Neighbourhood Plans. Joint work with Derbyshire Dales District Council to consider housing requirements also identified differences in the housing markets across the two authorities which suggested that locally-tailored approaches would be required. However, cooperation on strategic planning issues has continued with partners in the former Peak Sub-Region and beyond in order to ensure that cross boundary issues are addressed. High Peak Local Plan - August 2014 5 Duty to Cooperate Statement - August 2014 3 Cooperation and partnership working Cooperation issues 3.1 The NPPF specifies that public bodies have a duty to cooperate on planning issues that cross administrative boundaries, particularly strategic priorities. The nature and scope of cross boundary cooperation will depend on the spatial relationship between public bodies. For example, shared housing market or travel to work areas or shared infrastructure. 3.2 The latest Strategic Housing Market Assessment (SHMA, 2014) recommended that due to the overlapping nature of housing market areas, migration and commuting patterns, the Council should focus its efforts for cooperation on housing matters with Stockport,