Comment

Representation ID: 23151

Received: 16/03/2020

Respondent: Gladman Developments

Duty to Cooperate
3.1.1 The Duty to Cooperate (DtC) is a legal requirement established through section 33(A) of the
Planning and Compulsory Purchase Act 2004, as amended by Section 110 of the Localism Act. The
DtC requires local planning authorities to engage constructively, actively and on an ongoing basis
with neighbouring authorities on cross-boundary strategic issues through the process of ongoing
engagement and collaboration.1
3.1.2 The revised Framework (2019) has introduced a number of significant changes to how local
planning authorities are expected to cooperate including the preparation of Statement(s) of
Common Ground (SOCG) which are required to demonstrate that a plan is based on effective
cooperation and has been based on agreements made by neighbouring authorities where crossboundary
strategic issues are likely to exist. The revised Framework (2019) sets out that local
planning authorities should produce, maintain, and update one or more Statement(s) of Common
Ground (SOCG), throughout the plan making process2. The SOCG(s) should provide a written record
of the progress made by the strategic planning authorities during the process of planning for
strategic cross-boundary matters and will need to demonstrate the measures local authorities have
taken to ensure cross-boundary matters have been considered and what actions are required to
ensure issues are proactively dealt with e.g. unmet housing needs.
3.1.3 As demonstrated through the outcome of the Coventry, Mid Sussex, Castle Point and St Albans
Local Plan examinations, if a Council fails to satisfactorily discharge its DtC, a Planning Inspector
must recommend non-adoption of the Plan. This cannot be rectified through modifications.
3.1.4 It is noted that in Norfolk there is a strong history of cross-boundary cooperation and engagement.
This exists locally with the production of the joint Core Strategy and now GNLP, the Norfolk Spatial
Planning Framework, and work associated with the Anglia LEP. It will be important, in order to meet
legal requirements and the tests of soundness, that this cross-boundary engagement continues
through remaining stages of plan preparation, with evidence of ongoing working and mechanisms
for this to continue beyond adoption of the GNLP.