Appendix 5 Duty to Co-operate Statement (up to Submission – March 2018) North Warwickshire Local Plan – submission Duty to Co-operate Statement CONTENTS Page No. 1 Introduction 2 Background 3 The Borough 4 Local Authorities 5 Other Organisations and Agencies 6 Wider Groups Appendix A Memorandum Of Understanding between NWBC and CW LPA’s - Housing Appendix B Memorandum Of Understanding between NWBC and CW LPA’s - Employment Appendix C Memorandum Of Understanding between NWBC and Birmingham City Council Appendix D Memorandum Of Understanding between NWBC, Tamworth BC and Lichfield DC Appendix E Statement of Common Ground between NWBC, WCC and SCC 2 North Warwickshire Local Plan – submission Duty to Co-operate Statement 1 Introduction 1.1 This paper sets out the evidence to show how North Warwickshire Borough Council has complied with the Duty to Co-operate by engaging with a range of stakeholders on an active and ongoing basis. 1.2 This paper provides information up to submission, wherever possible. There may be some events or activities which take place immediately prior to submission which may not be discussed so this paper will be updated if required. 2 Background 2.1 The Localism Act replaced regional governance with the ‘Duty to Co-operate’ (DtC), to be fulfilled at the local level. The DtC is set out in Section 33A of the Planning and Compulsory Purchase Act 2004, amended by Section 110 of the Localism Act 2011. The DtC does not just include Local Planning Authorities (LPA), but other public bodies, which are required to cooperate with authorities on issues of common concern to develop sound plans. The National Planning Policy Framework (NPPF) provides more detail on how the DtC affects the soundness of a plan undergoing examination. If a local planning authority cannot demonstrate they have co-operated on strategic issues, then the submitted plan will fail the tests of soundness and cannot be adopted. 2.2 Local planning authorities, county councils and other “prescribed” bodies are required to co-operate with each other to address strategic matters relevant to their areas in the preparation of a development plan document. The duty relates to sustainable development or use of land in connection with infrastructure which is strategic and that would have a significant impact on at least two local planning areas or on a planning matter that falls within the remit of the county council. 2.3 Paragraphs 178 – 181 of the NPPF detail the expectations from Local Planning Authorities with regard DtC as follows: Have a DtC on cross boundaries planning issues, particularly when they relate to strategic priorities (as listed in paragraph 156 of the NPPF). These must be properly coordinated and clearly reflected in individual local plans. Different geographical areas such as travel to work areas must also be considered. Work jointly to deliver development that cannot wholly be accommodated within administrative areas. Consideration should be made to the joint production of policies on strategic matters and informal strategies such as joint infrastructure and investment plans collaborate on strategic planning priorities to enable delivery of strategic development in consultation with the Local Strategic Partnership and Local Nature Partnerships 3 North Warwickshire Local Plan – submission Duty to Co-operate Statement Two tier authorities should work together on relevant areas and work collaboratively with private sector bodies and infrastructure and utility providers. This is reinforced within the National Planning Policy Guidance (NPPG) published in 2014, which sets out what is required and gives further guidance on the Duty to Cooperate, including that local authority officers and councillors have an important role to play in the process and that the duty requires active and sustained engagement, working together constructively from the outset of plan preparation. 2.4 The duty requires: Councils and public bodies to “engage constructively, actively and on an ongoing basis” to develop strategic policy; Councils to set out planning policies to address such issues; and Councils to consider joint approaches to plan making. 2.5 The additional prescribed bodies with which local planning authorities are required to cooperate are set out in Regulation 4 of Part 2 of the Town and Country Planning (Local Planning) (England) Regulations 2012. Those relevant to North Warwickshire Borough Council are: Environment Agency Historic England Natural England Civil Aviation Authority Homes England (formerly Homes and Communities Agency) NHS Clinical Commissioning Groups (CCGs) Office of the Rail Regulator Integrated Transport Authority Highways England (formerly Highways Agency) Highways Authorities Local Enterprise Partnership Local Nature Partnerships 2.6 At examination it is the Inspector’s role to assess whether the plan has been prepared in accordance with the Duty to Co-operate. LPAs need to be able to demonstrate either through the production of joint policies, plans, memorandum of understanding or a jointly prepared strategy presented as evidence of an agreed position that they have continuously engaged from initial thinking through to implementation. 3 The Borough 3.1 A significant proportion (60%) of the Borough lies in the Green Belt. The Borough is surrounded by settlements which are much larger than any within the Borough – Tamworth, Nuneaton, Bedworth, Birmingham Coventry and Solihull. There are some major roads running through the Borough such as the M42, M6, M6 (Toll) and A5. HS2 will go through the Borough in two parts – phase 1 and phase 2b. 4 North Warwickshire Local Plan – submission Duty to Co-operate Statement 3.2 The Council adopted a Core Strategy in 2014. The Borough Council took the decision to bring together work that had been ongoing with the Draft Site Allocations Plan and Draft Development Management Plan and where necessary any updates to the Core Strategy into one document. This has become the North Warwickshire Local Plan. 3.3 The Borough of North Warwickshire lies within the County of Warwickshire and has over a number of years worked with the local authorities in the Coventry, Solihull and Warwickshire sub-region to address cross border issues and sub-regional development. The Borough has also worked pro- actively with local authorities in Leicestershire and Staffordshire along the A5 corridor, addressing development growth and impacts arising from employment, housing, logistics and gypsy and travellers. 3.4 The Local Plan is a long term document that shapes and guides development in North Warwickshire to 2033. It takes a broad look at the future of places and considers where changes should be made. The Local Plan identifies where specific development sites should be located. It provides for development from other areas. 3.5 NWBC lies within two Housing Market Area as demonstrated by the CW Strategic Housing Market Area Assessment and the PBA / GL Hearn Woods Studies for the GB HMA. 4 Local Authorities 4.1 The Borough is surrounded by the following local authorities: 1. Coventry City Council 2. Nuneaton and Bedworth Borough Council 3. Hinckley & Bosworth Borough Council 4. North-west Leicestershire District Council 5. Tamworth Borough Council 6. Lichfield District Council 7. Birmingham City Council 8. Solihull Metropolitan Borough Council 4.2 However, the Borough has linkages to numerous local authorities and not just those on its borders. It lies within two housing market areas. This means that the number of local authorities it is involved with is far reaching. The first set is the Coventry and Warwickshire local authorities. There are the 14 LPA’s from the Greater Birmingham and Black Country local authorities. Hinckley and Bosworth BC is a member of the CWLEP and CWSWAPO. 4.3 The following section goes through the work the Borough Council has been involved with adjoining and other local authorities. 5 North Warwickshire Local Plan – submission Duty to Co-operate Statement Coventry, Hinckley, Warwickshire & Solihull 4.4 As part of the Coventry Hinckley, Warwickshire & Solihull sub-region there is an established structure of inter council meetings at senior officer and member level. These include: Joint Committee (members) Chief Officers Group Coventry, Warwickshire and Solihull Association of Planning Officers, which is made up of the Planning Policy Group and the Development Management Group complemented by the Monitoring Sub Group Planning & Housing Group (CWLEP) 4.5 CSWAPO (Coventry, Solihull & Warwickshire Association of Planning Officers) has been in existence since the 1980’s. It has changed over the years and now has two main groups of Planning Policy Officers and Development Management Officers with a Monitoring subgroup. It includes the five District/borough Councils in Warwickshire, Warwickshire County Council, Coventry City Council, Solihull Metropolitan BC and Hinckley and Bosworth BC. The group also includes a representative from CWLEP. 4.6 The CSWAPO Planning Policy Officers meet monthly. Depending on the work it is either the full group or a sub-group covering the Coventry and Warwickshire area. It has a standing item on ‟local plan updates”, which is provided by all of the authorities. It is an excellent forum for generating best practice, networking with neighbouring authority officers and identifying cross boundary issues. 4.7 The group covering the Coventry and Warwickshire area have developed the Memoranda of Understanding for the sub-regional area on both housing and