Local development plans are facing problems in complying with the Legal duty to cooperate. The duty, introduced by the Localism Act 2011, obliges local authorities to continuously engage with neighbouring councils when addressing strategic, cross-border development issues. However Councils and local authorities are being told by Inspectors that they are failing to meet or comply with this duty.

Ian Dove of No5 Chambers is quoted in Planning Magazine’s article ‘Duty to cooperate hits local plans’:

“ The ability to recreate what regional spatial strategies did via the duty to cooperate is difficult, politically and also technically. A key problem is that authorities, through no fault of their own, could be penalized because neighbours were not willing to cooperate with them.”

The article discusses three development plans in particular facing the difficulties at present: the Vale of Aylesbury Plan by Aylesbury Vale District Council; The City Plan by Brighton and Hove City Council, and the Mid Sussex District Plan by Mid Sussex District Council.

The article ‘Duty to cooperate hits Local Plans’, published in the Planning Magazine 17th January 2014 can be found here

Please click here to view Ian Dove QC‘s profile