Agenda item

The Strategic Lead, Planning Policy introduced a report seeking Member approval of  the three Memorandums of Understanding that set out the basis for meeting the Duty to Co-operate for strategic plan making.

The Officer advised that the Duty to Co-operate was introduced by the Government in the Localism Act 2011, which was intended to ensure that plan making took  account of adjoining areas. This placed a legal duty on local planning authorities to engage constructively, actively and on an on-going basis to maximise the effectiveness of plan preparation in taking account of strategic cross boundary matters.

The guidance made  it clear that Councillors and Officers had  responsibility  for leading discussions and negotiations about the strategic matters in their local plans and it would be necessary to involve the Committee in Member level issues raised by adjoining authorities.

The Committee noted that Officers had recently made representations to the Hearing on the Ascot, Sunninghill and Sunningdale Neighbourhood Plan examination on the grounds that it was premature to go ahead with the plan as it stood in advance of the production of the Borough wide Local Plan.

It was noted that one of the problems with the Duty to Co-operate was  that although Authorities had to be fully engaged in the process, there was  no “duty to agree.” As a result, there was  no mechanism for resolving disputes.

Following discussion, Members agreed the Recommendations as set out in the report.

Resolved:

(a)  That the Memorandum of understanding for Strategic Planning and the Duty to Co-operate on Planning Matters in Berkshire be agreed;

(b)  That the Memorandum of Understanding for Minerals and Waste Planning in Berkshire be agreed

(c)  That the Memorandum of Understanding for the preparation of Waste Local Plans in the South East of England be agreed.