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Duty to Cooperate Statement of Common Ground and Statement of Compliance

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Duty to Cooperate Statement of Common Ground and Statement of Compliance Northumberland Local Plan Submission Draft Plan (Regulation 22) Duty to Cooperate Statement of Common Ground and Statement of Compliance May 2019 If you need this information in Large Print, Braille, Audio or in another format or language please contact us: (Telephone) 0345 600 6400 (Typetalk) 018001 0345 600 6400 1 Contents 1. Introduction 4 2. The legislative and procedural requirements of the Duty to Cooperate 5 3. Relevant Parties 7 4. Strategic context of the North East of England 10 5. Profile of Northumberland County 14 6. Governance arrangements 15 7. Strategic Planning Matters 27 8. Local plan production current position 38 9. Working together in the future 40 Figures 1. Northumberland’s neighbouring authorities 9 2. North East : transport links 13 3. Regional Governance 16 4. Transport Governance Structure 19 5. Governance for Strategic Planning in the North East 22 6. Local Authority housing requirements 29 7. Progress on Local Plans 38 Appendices Appendix 1 - Statements of Common Ground with neighbouring Local Planning Authorities and Prescribed Bodies (May 2019) Appendix 2 - Memorandum of Understanding Duty to Cooperate Newcastle, Gateshead, Northumberland, Durham, North Tyneside, South Tyneside and Sunderland Councils (June 2014) Appendix 3 - Northumberland Local Plan Publication Draft Plan (Regulation 19) Duty to Cooperate Statement of Common Ground (December 2018) Appendix 4 - Northumberland Local Plan Draft Plan for Regulation 18 Consultation Duty to Cooperate Statement (July 2018) Appendix 5 - Northumberland Local Plan: Core Strategy Draft Plan Duty to Cooperate Statements (March 2017) Appendix 6 - “Retired” Appendix 1- Position Statement - Spring 2013 Strategic Issues of Agreement Amongst the Seven Local Authorities in Respect of the Duty to Cooperate . Otherwise referred to as the Regional Position Statement (Spring 2013) Appendix 7 - North of Tyne Position Statement North Tyneside Local Plan Examination in Public (November 2016) 2 Appendix 8 - Duty to Cooperate minutes referenced in Statements of Common Ground (Appendix 1) 3 1. Introduction 1.1. This Statement of Common Ground and Compliance has been prepared to accompany the Submission Draft (Regulation 22) Northumberland Local Plan and forms part of the evidence base for the Plan. The statement demonstrates how the Council has complied, and continues to comply with the requirements of the Duty to Cooperate. It sets out the regional context and strategic issues relevant to planning in Northumberland and details the governance arrangements and ongoing engagement that has taken place, and continues to take place between Northumberland County Council (NCC), neighbouring authorities and prescribed bodies. Appendix 1 contains the individual statements of common ground with each authority and prescribed body. The statements with the local authority partners sit within the context of the Memorandum of Understanding Duty to Co operate Newcastle, Gateshead, Northumberland, Durham, North Tyneside, South Tyneside and Sunderland Councils signed in 2014 found at Appendix 2. This statement is a live document reflecting the progress of work that has taken place up to May 2019 and will be reviewed and updated on an ongoing basis as necessary. 1.2. This statement provides an update to the following statements; ■ Northumberland Local Plan Publication Draft Plan (Regulation 19) Duty to Cooperate Statement of Common Ground December 2018 found at Appendix 3; ■ Northumberland Local Plan Draft Plan for Regulation 18 Consultation Duty to Cooperate statement July 2018 found at Appendix 4; ■ Northumberland Local Plan : Core Strategy Draft Plan Duty to Cooperate statement March 2017. This was prepared to accompany the, now withdrawn, Northumberland Local Plan Core Strategy (NLPCS). The new Northumberland Local Plan rolls forward significant aspects of the evidence and joint working that was undertaken for the NLPCS and therefore the joint cross boundary strategic work recorded in the March 2017 statement is still relevant. The new Northumberland Local Plan has therefore been influenced by previous work undertaken and agreements made between neighbouring authorities and key stakeholders. This is found at Appendix 5. 4 2. The legislative and procedural requirements of the Duty to Cooperate Localism Act 2.1. The Duty to Cooperate was introduced through the Localism Act 20111 and ​ is set out in section 33A of the Planning and Compulsory Purchase Act 2004. It places a legal duty on local planning authorities and county councils in England, together with prescribed public bodies, to engage constructively, actively and on an ongoing basis to maximise the effectiveness of local plan and marine plan preparation in the context of strategic cross boundary matters. 2.2 In February 2017, the Government introduced the proposition that all Local Planning Authorities (LPAs) be required to prepare a ‘Statement of Common Ground’ (SoCG) to help manage strategic planning matters across local authority areas and strengthen the Duty to Cooperate. Further details of this proposal were set out in the consultation document, published in September 20172 and are now formally included in the revised 2019 National Planning Policy Framework (NPPF) and National Planning Policy Guidance (NPPG). National Planning Policy Framework (February 2019) 2.3 Paragraph 25 of the NPPF prescribes that “strategic policy-making ​ authorities should collaborate to identify the relevant strategic matters which they need to address in their plans. They should also engage with their local communities and relevant bodies including Local Enterprise Partnerships, Local Nature Partnerships, the Marine Management Organisation, county councils, infrastructure providers, elected Mayors and combined authorities (in cases where Mayors or combined authorities do not have plan-making powers)”3. 2.4 Paragraph 26 states that “effective and on-going joint working between ​ strategic policy-making authorities and relevant bodies is integral to the production of a positively prepared and justified strategy. In particular, joint working should help to determine where additional infrastructure is necessary, and whether development needs that cannot be met wholly within a particular plan area could be met elsewhere”4. 1 http://www.legislation.gov.uk/ukpga/2011/20/section/110/enacted ​ 2 Planning for the right homes in the right places: consultation proposals. Published 14 September 2017 ​ ​ 3 National Planning Policy Framework February 2019, paragraph 25 4 National Planning Policy Framework February 2019, paragraph 26 5 2.5 As required by Paragraph 27 “In order to demonstrate effective and ongoing ​ joint working, strategic policy making authorities should prepare and maintain one or more statements of common ground, documenting the cross-boundary matters being addressed and progress in cooperating to address these”5. National Planning Policy Guidance 2.6 Strategic policy-making authorities are required to cooperate with each other, and other bodies, when preparing, or supporting the preparation of policies which address strategic matters. This includes those policies contained in local plans (including minerals and waste plans), spatial development strategies, and marine plans6. 2.7 A statement of common ground is “a written record of the progress made by ​ strategic policy-making authorities during the process of planning for strategic cross-boundary matters. It documents where effective co-operation is and is not happening throughout the plan-making process, and is a way of demonstrating at examination that plans are deliverable over the plan period, and based on effective joint working across local authority boundaries. In the case of local planning authorities, it also forms part of the evidence required to demonstrate that they have complied with the duty to cooperate”7. What does the Duty to Cooperate mean in practice? 2.8 The duty requires LPA officers and members to engage in proactive and sustained joint working to address strategic issues that cut across administrative boundaries from the outset of Local Plan preparation and come to agreements on solutions where possible. Consultation alone is unlikely to satisfy the requirements of the duty. It also requires LPAs to consider joint approaches to plan making, evidence gathering and infrastructure planning. There is no definitive list of actions that constitute effective cooperation under the duty. Nevertheless, parties must attempt to resolve strategic issues. 2.9 The Duty to Cooperate is both a legal and a soundness test, and LPAs are required to submit details at Local Plan examination of how they have complied with the duty. 5 National Planning Policy Framework February 2019, paragraph 27 ​ 6 National Planning Policy Guidance, Paragraph: 001 Reference ID: 61-001-20180913 ​ ​ 7 National Planning Policy Guidance, Paragraph: 002 Reference ID: 61-002-20180913 ​ ​ 6 2.10 The requirement for statement of common ground therefore operates in tandem with the ‘tests of soundness’. These are used at local plan examinations to ensure that there is not only a proactive and positive approach to strategic planning matters across housing market areas, but that there is a clear (and agreed) approach to how these will be delivered in all relevant local plans. The test most specific to the Duty requires plans to be: Effective – deliverable over the plan period, and based on effective joint ​ working on cross-boundary strategic matters that have been dealt with rather than deferred, as evidenced
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