BMSDC Joint Local Plan - Pre-Submission Reg19 (interactive) 2020

Ended on the 24th December 2020
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05 - Duty to Cooperate

What is the Duty to Cooperate?

(11) 05.01 The Duty to Cooperate is applied to local planning authorities by Section 110 of the Localism Act 2011 and requires the Councils to apply the Duty to Cooperate in relation to planning of sustainable development. It is a prerequisite test for the Examination of Local Plan production.

05.02 Section 3 of the National Planning Policy Framework (NPPF) (February 2019) sets out a Local Planning Authority's approach to plan-making. Paragraph 17 identifies that 'The development plan must include strategic policies to address each local planning authority's priorities for the development and use of land in its area'[8]. Paragraph 20 goes on to state that the 'Strategic policies should set out an overall strategy for the pattern, scale and quality of development, and make sufficient provision for:

  1. housing (including affordable housing), employment, retail, leisure and other commercial development;
  2. infrastructure for transport, telecommunications, security, waste management, water supply, wastewater, flood risk and coastal change management, and the provision of minerals and energy (including heat);
  3. community facilities (such as health, education and cultural infrastructure); and
  4. conservation and enhancement of the natural, built and historic environment, including landscapes and green infrastructure, and planning measures to address climate change mitigation and adaptation.'[9]

05.03 National planning policy in the NPPF (paragraph 27) also identifies that strategic policy-making authorities should maintain one or more statements of common ground to document the cross-boundary matters being addressed and the process in cooperating to address these. Further information regarding the Duty to Cooperate can be found on the Government national planning practice guidance website at https://www.gov.uk/guidance/plan-making.

What are we cooperating on?

05.04 The full list of bodies in the Duty to Cooperate is set out in Part 2 of the Town and Country Planning (Local Planning) (England) Regulations 2012.

05.05 The Councils in the Ipswich Housing Market Area (HMA), namely Babergh District Council, East Suffolk Council (formerly Suffolk Coastal District Council), Ipswich Borough Council, and Mid Suffolk District Council already have a long history of cooperation on strategic planning matters. The planning area of the Ipswich HMA is also known as the Ipswich Strategic Planning Area (ISPA).

(2) 05.06 However, the geographical context of Babergh and Mid Suffolk Districts means that the Districts need to be mindful of any potential cross-boundary matters that arise with Braintree District Council, Colchester Borough Council and Tendring District Council to the south, East Suffolk (formerly Waveney District Council) to the east, West Suffolk (formerly St Edmundsbury Borough Council) to the west, and Breckland and South Norfolk Councils to the north. These also include Essex County Council and Norfolk County Council alongside Suffolk County Council (SCC).

(6) 05.07 A summary of the current key issues and identified partners which the Councils are cooperating with is identified in Table 1 below. As the Plan (and other neighbouring Local Plans) develop, there may be additional key issues which also need to be considered.

Table 1 – Duty to Cooperate Key Issues

Key Planning Issue

Key Duty to Cooperate Partners

Housing

1) Defining housing market area and objectively assessed need (OAN).

Ipswich Housing Market Area (HMA) defined in Strategic Housing Market Assessment as including the whole of Babergh District, Ipswich Borough, Mid Suffolk District and Suffolk Coastal District (now part of East Suffolk Council). This corresponds with the Ipswich Strategic Planning Area (ISPA).

The Government introduced a standard method for calculating local housing need in 2018, which identifies a minimum local housing need per local authority area.

Provision for Gypsies and Travellers to be met, identified in the Gypsy, Traveller, Travelling Showpeople and Boat Dwellers Accommodations Need Assessment (May 2017) for the Ipswich HMA authorities.

The Strategic Housing Market Assessment Part 2 identified the size, type and tenure of housing needed, including the need for affordable housing, and this document was updated for the Ipswich HMA authorities in January 2019.

East Suffolk Council, Ipswich Borough Council, West Suffolk Council, Braintree District Council, Colchester Borough Council, Tendring District Council, Breckland Council, South Norfolk Council, Greater London Authority.

2) Resolving if unmet housing need is identified and the approach to delivery of the housing requirement.

No duty to cooperate partners have identified any unmet need to be met by Babergh or Mid Suffolk District Councils.

Each local authority area produces a Strategic Housing and Economic Land Availability Assessment (SHELAA) to assess housing supply potential.

East Suffolk Council, Ipswich Borough Council, West Suffolk Council, Braintree District Council, Colchester Borough Council, Tendring District Council, Breckland Council, South Norfolk Council, Greater London Authority.

3) Impact of bordering strategic housing developments.

The ISPA authorities have jointly commissioned transport modelling evidence with SCC. The impact of which is considering potential modal shift mitigation within the ISPA.

SCC engage with both Essex County Council and Norfolk Council on strategic transport matters, which includes the A12 and A131 between Suffolk and Essex, and the A140 and A143 between Suffolk and Norfolk. The A14 within Suffolk goes through all four local authority areas. Strategic rail matters are also discussed between Suffolk local planning authorities. Strategic infrastructure matters will be identified in the Infrastructure Delivery Plan for Babergh and Mid Suffolk.

The ISPA authorities jointly commissioned a Settlement Sensitivity Assessment into identifying landscape sensitivity around Ipswich. However, no new cross-border sites are proposed by Babergh and Mid Suffolk for allocation.

East Suffolk Council, Ipswich Borough Council, West Suffolk Council, Braintree District Council, Colchester Borough Council, Tendring District Council, Breckland Council, South Norfolk Council, Essex County Council, Suffolk County Council, Norfolk County Council.

Employment

4) Defining functional economic market area and OAN.

The Employment Land Needs Assessment (ELNA) (March 2016) defines the functional economic area to cover the same area as the ISPA. This evidence identified employment need.

The distinct economic geographies identified by the ELNA included the Felixstowe / A14 corridor recognising the strategic importance of the Port of Felixstowe, the wider Ipswich Market Area, the A140 corridor, and rural and agricultural areas.

East Suffolk Council, Ipswich Borough Council, West Suffolk Council, Braintree District Council, Colchester Borough Council, Tendring District Council, Breckland Council, South Norfolk Council, New Anglia Local Enterprise Partnership.

5) Enterprise Zones and Local Development Orders

The New Anglia Local Enterprise Partnership's Space to Innovate zone, identifies ten Enterprise Zones within the Local Enterprise Partnership area. One is the Sproughton Enterprise Park in Babergh near Ipswich, and the other is the Stowmarket Enterprise Park. Both are along the A14 corridor.

Ipswich Strategic Planning Area (ISPA) authorities, Suffolk County Council, New Anglia Local Enterprise Partnership.

6) Impact of bordering strategic employment land developments

The ISPA authorities have jointly commissioned transport modelling evidence with SCC. The impact of which is considering potential modal shift mitigation within the ISPA.

SCC engage with both Essex County Council and Norfolk Council on strategic transport matters, which includes the A12 and A131 between Suffolk and Essex, and the A140 and A143 between Suffolk and Norfolk. The A14 within Suffolk goes through all four local authority areas. Strategic rail matters are also discussed between Suffolk local planning authorities. Strategic infrastructure matters will be identified in the Infrastructure Delivery Plan for Babergh and Mid Suffolk.

The ISPA authorities jointly commissioned a Settlement Sensitivity Assessment into identifying landscape sensitivity around Ipswich. However, no new cross-border sites are proposed by Babergh and Mid Suffolk for allocation.

East Suffolk Council, Ipswich Borough Council, West Suffolk Council, Braintree District Council, Colchester Borough Council, Tendring District Council, Breckland Council, South Norfolk Council.

Retail, leisure & other commercial

7) Enhancement and regeneration of retail centres

Acknowledgement of the role of Ipswich town centre within the Functional Economic Area.

Ipswich Strategic Planning Area (ISPA) authorities, New Anglia Local Enterprise Partnership

Infrastructure provision

8) Provision and enhancement of strategic infrastructure improvements

Strategic infrastructure provision to be identified through the Infrastructure Delivery Plan, in particular education, health, wastewater infrastructure and transport matters.

Ipswich Strategic Planning Area (ISPA) authorities, Suffolk County Council, Essex County Council, Norfolk County Council, Highways England, Office of Rail and Road, Network Rail, Local Train Operator, West Suffolk Clinical Commissioning Group, Ipswich and East Suffolk Clinical Commissioning Group, Environment Agency, Anglia Water and Essex and Suffolk Water.

Environmental protection

9) Conservation and enhancement of natural and historic environment, including cross-boundary climate change matters.

A Suffolk Coast recreational disturbance avoidance and mitigation strategy has been developed between the ISPA authorities and the entire East Suffolk Council areas.

Ipswich Strategic Planning Area (ISPA) authorities, Suffolk County Council, Natural England, Historic England, Environment Agency and Marine Management Organisation.

How are we going to Cooperate?

05.08 The Councils are cooperating on many of the key, relevant issues such as jointly commissioning strategic evidence and sharing consistent assessment methodologies with the other planning authorities in the Ipswich Housing Market Area.

(1) 05.09 The Ipswich HMA planning authorities meet regularly through the Ipswich Strategic Planning Area Board, and have published a signed Statement of Common Ground, which identifies potential cross-boundary matters to be addressed within the Ipswich Housing Market Area. SCC and Natural England are also both signatories to the Statement of Common Ground. This Statement of Common Ground will be updated as each Local Plan within the HMA proceeds to adoption. A further Statement of Common Ground will be produced with those planning authorities outside of the Ipswich HMA as the plan proceeds to adoption.

(3) 05.10 Cooperation has taken place with infrastructure providers in preparing the Infrastructure Delivery Plan, in particular covering the key strategic infrastructure matters of education, health and transport. The Councils have also engaged with all partners through the preparation of the Plan.

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