The RTPI has proposed an amendment (pdf, 194kb) to clause 90 of the Localism Bill on strategic planning and the 'Duty to Cooperate'.

Following  RTPI amendment, Clause  90 would  read:  

90 Duty to co-operate in relation to planning of sustainable development In Part 2 of the Planning and Compulsory Purchase Act 2004 (local development) after section 33 insert—

“33A Duty to co‐operate in relation to planning of sustainable development

(1) Each person who is—

(a) a local planning authority, or

(b) a body, or other person, that is prescribed or of a prescribed description, must co‐operate with every other person who is within paragraph (a) or (b) in maximising the effectiveness with which activities within subsection (3) are undertaken.

(2) In particular, the duty imposed on a person by subsection (1) requires the person to engage constructively, actively and on an ongoing basis in any process where issues or impacts cross administrative boundaries by means of which actiities within subsection (3) are undertaken.

(3) The activities within this subsection are—

(a) the preparation of development plan documents,

(b) the preparation of other local development documents, and

(c) other activities that support the planning of development, so far as relating to sustainable development and use of land including, in particular, sustainable development and use of land for or in connection with strategic infrastructure.

(4) The engagement required of a person by subsection (2) includes, in particular –  

(a) a duty to consider the preparation of joint development documents under Section 28, and

(c) a duty to consider consulting on and publishing such agreements or other documents prepared jointly with such persons or bodie as the person or body specified in (1) may consider to be necessary in the achievement of sustainable development.

(5) A person subject to the duty under subsection (1) must have regard to any guidance given by the Secretary of State about how the duty is to be complied with.

(6) A person, or description of persons, may be prescribed for the purposes of subsection (1)(b) only if the person, or persons of that description, exercise functions for the purposes of an enactment.

(7) The fulfilment of the duty specified in (4) (a) and (4) (b) shall be regarded as a consideration by an independent examiner in carrying out functions under section 20(7).”

Author:

james butler

Publisher:

The Royal Town Planning Institute

Date:

14-Feb-11

Categories:

 

Sections:

News & Media

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