Appendices: 3 Report Title AGENDA STATUS: CABINET REPORT Replacement of the West Northamptonshire Joint Strategic Planning Committee PUBLIC Cabinet Meeting Date: Key Decision: Within Policy: Policy Document: Directorate: Accountable Cabinet Member: Ward(s) 13 th January 2016 YES YES YES Regeneration, Enterprise and Planning Cllr Tim Hadland All 1. Purpose 1.1 The purpose of this report is to seek authority to write to the Secretary of State for Communities & Local Government asking him to rescind the Order establishing the West Northamptonshire Joint Strategic Planning Committee. 2. Recommendations 2.1 Cabinet resolves: 2.2 That the Leader writes to the Secretary of State to request the revocation of the Order pursuant to section 31(2) of the Planning and Compulsory Purchase Act 2004; and 2.3 That, in the event that the Secretary of State revokes the Order, the Cabinet supports its replacement by a Joint Planning and Infrastructure Board supported by a Memorandum of Cooperation as set out in Section 4 and Appendix 1 below, subject to all the member authorities making a financial contribution.
3. Issues and Choices 3.1 Report Background 3.1.1 Partnership working between the partner Local Planning Authorities in West Northamptonshire (Daventry District Council, Northampton Borough Council, Northamptonshire County Council and South Northamptonshire Council) is currently underpinned by the Order and a legal agreement signed in March 2010 which superseded an earlier Memorandum of Intent (April 2009). The purpose of the arrangements was to plan, coordinate and facilitate the growth of Northampton, principally via the West Northamptonshire Joint Core Strategy, which was adopted in December 2014. 3.1.2 On 16th July 2015 the Joint Strategic Planning Committee authorised the partnership s officers to examine alternative methods of joint working, having regard to the National Planning Policy Framework (NPPF) and the duty to cooperate with regards to ending the current statutory joint arrangement. 3.1.3 There are several reasons for reviewing the existing partnership arrangements. Firstly the Order predates the NPPF and its guidance on Local Plans and planning strategically across local authority boundaries, specifically NPPF para 153 which indicates that each local planning authority should produce a Local Plan for its area. A joint Committee is not an appropriate vehicle to produce such plans. In addition, the partner authorities have recently agreed their own Local Development Schemes for their chosen local plans. Secondly the geographical scope of the partnership is no longer fit for purpose in that it excludes other neighbouring Councils, particularly the Borough of Wellingborough, which have strong relationships with the Northampton Housing Market Area. Finally, as noted above, the Joint Core Strategy, which was the main focus of the joint Committee s work, has been adopted. 3.1.4 The future development needs of Northampton and the requirement to cooperate on the delivery of unmet needs, including the supporting infrastructure, such as the Northampton North Western Bypass, will remain the key driver for partnership working. Local Planning Authorities are required by law through the Duty to Cooperate to engage constructively, actively and on an on-going basis 1 on planning matters that impact on more than one local planning area. The duty is amplified in the NPPF which sets out the key strategic priorities that should be addressed jointly. 3.1.5 Any alternative partnership arrangements will need to support the partner Local Planning Authorities in meeting the Duty to Cooperate and enable the effective consideration of strategic planning priorities, such as the need for homes and jobs, where these cross local authority boundaries. 3.1.6 Following consideration of different models for voluntary joint working the Joint Strategic Planning Committee has concluded that the preferred approach is to establish a Joint Planning and Infrastructure Board to replace the Joint Strategic Planning Committee, with clear terms of reference, supported by a Memorandum of Cooperation. The four current Partner Local Planning Authorities including the County Council would continue to be included as full members of the partnership. Options to extend the scope of the partnership
should also be explored to ensure effective consideration of strategic planning and infrastructure issues across a wider area. 3.1.7 Details of the proposed joint working arrangements, including the proposed Officer level structure are set out below. These proposals have benefitted from independent scrutiny in the form of critical friend support provided by POS Enterprises (POSe), the consultancy arm of the Planning Officers Society. The POSe advice provides assurance that the proposed Joint Planning and Infrastructure Board is capable of providing effective partnership working arrangements to meet the requirements of the NPPF and Duty to Cooperate. 3.1.8 The Joint Planning Committee resolved: (1) That the Committee writes, and invites the partner Local Planning Authorities to write, formally to the Secretary of State to request the revocation of the Order pursuant to section 31(2) of the Planning and Compulsory Purchase Act 2004; and (2) That, in the event that the Secretary of State revokes the Order, the Committee supports its replacement by a Joint Planning and Infrastructure Board supported by a Memorandum of Cooperation. 3.1.9 A draft letter from the Chair of the Joint Strategic Planning Committee to the Secretary of State is attached as Appendix 3. It is recommended that this is used as the model for this Council s letter. Proposed Joint Planning and Infrastructure Board 3.1.10 The proposal is to establish a Joint Member Level Board which would have an advisory function rather than direct responsibility for plan making. It is envisaged that the Board would be comprised of elected Members of the following local planning authorities: Daventry District Council; Northampton Borough Council; Northamptonshire County Council; and South Northamptonshire Council. 3.1.11 In addition it is proposed that early discussions should take place with the Borough Council of Wellingborough to explore the potential for their involvement as full members of the Board. It should be noted that there would also be scope to invite other local authorities and agencies to act as observers as and when required. It will be particularly important that there is close working with the two LEPs. 3.1.12 The purpose of the Board would be to: Identify and manage spatial planning issues that affect more than one local planning authority area; Support better coordination of development and investment strategies across the area including the delivery of strategic infrastructure; and Ensure that that the Duty to Cooperate is actively addressed. Work in consultation with NEP and SEMLEP
3.1.13 The joint working arrangements would be underpinned by a Memorandum of Cooperation (a draft is attached as Appendix 1), and the work of the board would be defined by clear terms of reference (a draft is also included in Appendix 1). The Joint Planning Unit could also act as the secretariat for the Board. 3.1.14 The short term priority for each of the partner Councils is to progress their own Part 2 Local Plans within the framework set by the adopted Joint Core Strategy. There is also a continuing need to coordinate the funding and provision of infrastructure across administrative boundaries. In the medium term the partnership will need to consider how the Joint Core Strategy should be reviewed and replaced. One option which the Advisory Board model could facilitate is the preparation of a non-statutory Strategic Statement which would guide the Local Planning Authorities in the preparation of Local Plans for their areas, but would not be prescriptive in terms of setting levels or locations for development. Conclusions 3.2.2 It is recommended that Cabinet agree to progress to support seeking the replacement of the statutory West Northamptonshire Joint Strategic Planning Committee by voluntary arrangements as detailed in this report. 3.3 Choices (Options) 3.3.1 The Council could choose to support the revocation of the current Order. This would allow the replacement of the current, inflexible statutory Joint Committee with voluntary arrangements for joint working that be fit for purpose. 3.3.2 The Council could choose not to support the revocation of the Order. This would be likely to result in the continuation of the current statutory Joint Strategic Planning Committee, which has proved to be problematic for this Council. 4. Implications (including financial implications) 4.1 Policy 4.1.1 The replacement of the current statutory Joint Strategic Planning Committee by more flexible voluntary arrangements for joint working would support the strategic policy objectives in seeking to assist the delivery of strategic infrastructure requirements for delivering future growth. In particular it would assist in addressing cross boundary issues within West Northamptonshire, relating to infrastructure delivery. 4.2 Resources and Risk 4.2.1 The budget for the proposed new voluntary joint working arrangements is still to be agreed between the partner councils but the expectation is that the costs will
be shared between partner councils on the basis of the reduced 2016/17 contributions agreed by the Joint Strategic Planning Committee). 4.2.2 The Council will continue to need to work actively with neighbouring councils and partner organisations in pursuing funding opportunities and initiatives in order to help provide towards future infrastructure requirements. 4.3 Legal 4.3.1 In the event of revocation of the Order the Partner Local Planning Authorities would also need to complete the memorandum of cooperation, finalise the terms of reference of the Board and appoint to it. It would also be necessary to apply the provisions of clause 10 of the 2010 legal agreement, relevant extracts from which are at Appendix 2. For practical purposes it is envisaged that the legal agreement will be terminated by mutual agreement and replaced by the proposed memorandum of cooperation. 4.4 Equality and Health 4.4.1 There are no equality/health issues directly relating to the recommendations of this report. 4.5 Consultees (Internal and External) 4.5.1 Representatives of all the partner councils in West Northamptonshire have been involved in discussion of possible alternatives to the current statutory joint planning arrangements and the joint committee voted unanimously to support the proposals set out in this report. 4.6 How the Proposals deliver Priority Outcomes 4.6.1 The proposed Joint Planning and Infrastructure Board will provide a means of coordinating the funding and delivery of the necessary infrastructure to support future growth. It will therefore contribute to the achievement of key aspects of the Corporate Plan. 4.7 Other Implications 4.7.1 None 5. Background Papers
5.1 Report on Future Partnership Working to the West Northamptonshire Joint Strategic Planning Committee on 20 th October 2015 (Agenda Item 6) 5.2 Advice to West Northamptonshire Authorities giving advice on alternative joint planning models. POSe October 2015 (Appendix 3 to the above report) David Hackforth, Interim Head of Planning, ext 8921
APPENDIX 1 (WEST NORTHAMPTONSHIRE) JOINT PLANNING AND INFRASTRUCTURE BOARD DRAFT MEMORANDUM OF COOPERATION A MEMORANDUM OF COOPERATION BETWEEN THE LOCAL PLANNING AUTHORITIES OF NORTHAMPTONSHIRE COUNTY COUNCIL, NORTHAMPTON BOROUGH COUNCIL, DAVENTRY DISTRICT COUNCIL AND SOUTH NORTHAMPTONSHIRE COUNCIL [AND OTHERS AS APPROPRIATE] TO PROVIDE AND SUPPORT A JOINT PLANNING AND INFRASTRUCTURE BOARD FOR [WEST NORTHAMPTONSHIRE] INTRODUCTION This memorandum establishes a framework for cooperation between the above named local planning authorities with respect to strategic planning and development issues that raise cross borough/district council boundary matters affecting them. The establishment of a Joint Planning and Infrastructure Board is central to this framework. PARTIES TO THE MEMORANDUM This Memorandum is signed by the following Local Planning Authorities: Daventry District Council Northampton Borough Council Northamptonshire County Council South Northamptonshire Council [Others as appropriate] LIMITATIONS The Local Planning Authorities recognise that there will not always be full agreement with respect to all of the strategic planning issues in respect of which they seek to cooperate. For the avoidance of doubt this Memorandum is not intended to be legally binding and will not restrict the discretion of any of the local planning authorities in the exercise of any of their statutory powers and duties. ESTABLISHMENT OF THE PLANNING AND INFRASTRUCTURE BOARD This Memorandum supports the establishment of a Joint Planning and Infrastructure Board, which will be supported by an Officer level Programme Board, and professional and technical support provided by a Joint Planning Unit. Detailed Terms of Reference for the Board are set out in Appendix A. OBJECTIVES This Memorandum confirms the intention of the signatory councils via their relevant officers and the Joint Planning and Infrastructure Board to achieve the following broad objectives: To secure a broad but consistent approach to strategic planning and development across the (West Northamptonshire) area;
To identify and manage spatial planning issues that impact on more than one local planning area within the (West Northamptonshire) area; To ensure that the Local Plans and other development policies prepared by each local planning authority are, where appropriate, informed by the views of other local planning authorities across the (West Northamptonshire) area; To support better coordination of development and investment strategies across the area including the delivery of strategic infrastructure; and To ensure that the Duty to Cooperate is actively addressed. STRATEGIC PLANNING AND DEVELOPMENT ISSUES The Joint Planning and Infrastructure Board will: Develop and implement a programme for jointly addressing strategic planning and development issues; Monitor the preparation of Local Plans across the area and the implementation of adopted planning policies through the preparation of a Joint Authorities Monitoring Report Support the local planning authorities in coordinating and recording all relevant activity relating to the Duty to Cooperate; Monitoring, review and update Infrastructure Delivery Plans; Prepare, maintain and update a Strategic Spatial Priorities document to support the development of a coherent and comprehensive development strategy across the (West Northamptonshire) area; and Maintain liaison with the Local Enterprise Partnerships and support the implementation of agreed Strategic Economic Plans to achieve sustainable growth. TIMESCALE AND REVIEW [Include a statement about timescale for the MOC e.g. 5 years with review after 2 years] FUNDING ARRANGEMENTS [Statement of intent required on shared funding for Joint Planning arrangements i.e. who are the funding partners and what is the proportion. Also who will be the accountable local authority.] SIGNATURES: To be signed relevant Members/Officers of each Council
(WEST NORTHAMPTONSHIRE) JOINT PLANNING AND INFRASTRUCTURE BOARD DRAFT TERMS OF REFERENCE Area covered by the Board Strategic Planning and Infrastructure issues covering more than one of the following local planning authority areas: Daventry District Council Northampton Borough Council South Northamptonshire Council [Other(s) as appropriate] Scope of the Board Identify and manage spatial planning issues that affect more than one local planning authority area; Support better coordination of development and investment strategies across the area including the delivery of strategic infrastructure; Ensure that that the Duty to Cooperate is actively addressed. Development of a shared strategic evidence base, such as Housing and Economic Development Needs Assessment, to inform future Local Plans; A joint information and monitoring function including the production of a Joint Authorities Monitoring Report; To support the local planning authorities in coordinating and recording all relevant activity relating to the Duty to Cooperate; and Ongoing monitoring, review and updating of Infrastructure Delivery Plans. Status of the Board The Board has no decision making powers and cannot bind any of the participating local planning authorities in any way. Membership The Board shall have equal representation from each of the partner Councils comprising x elected members for each. Observers The Board may invite Members of other Local Authorities and organisations to attend as observers. Appointment of Members Each LPA to appoint Members to the Board in accordance with their own constitution. Appointments should include the relevant Portfolio holder with responsibility for Planning policy. APPENDIX 1 Meetings
To be held quarterly with the ability of the Chair to both cancel scheduled meetings if there is insufficient business to conduct and call special meetings should issues arise between scheduled meetings? Venue and Administration [Rotating venues Democratic Services support to be provided by the local authority of the Chair from time to time] Chairmanship [To rotate annually by convention] Technical Support Programme Board Senior Officers with lead responsibility for Planning from each LPA. Joint Planning Unit as per restructure.
APPENDIX 2 Appendix 2 Relevant extracts from 2010 legal agreement 10.1 If the Secretary of State revokes the West Northamptonshire Joint Committee Order 2008, the PLPAs shall meet as soon as reasonably practicable after such revocation to consider whether the JPU should continue notwithstanding such revocation and in that event what the workload of the JPU shall be and what modifications (if any) shall be made to this Agreement. If any of the PLPAs wishes following such meeting no longer to service and support the JPU, then that PLPA shall serve three months written notice to that effect on each of the other PLPAs and upon expiry of such written notice that PLPA will cease to have any future obligations or rights under this Agreement but without prejudice to any obligations or rights of that PLPA, which have accrued prior to the expiry of such written notice or which are expressly or by implication provided in this Agreement to come into effect or to continue after the withdrawal of that PLPA from this Agreement. 10.2 In the event of a PLPA or PLPAs serving notice under clause 10.1, this Agreement shall continue in full force and effect in relation to the other PLPAs with such modifications as are necessary as a result of the withdrawal of the withdrawing PLPA or PLPAs or agreed between the non-withdrawing PLPAs unless there is less than two PLPAs which have not served notice under clause 10.1 in which case this Agreement shall terminate on the expiry of the last notice served under clause 10.1.
APPENDIX 3 The Right Hon Greg Clark MP, Secretary of State for Communities and Local Government, House of Commons, London, SW1A 0AA. (or CLG Marsham Street?) Our Ref: JPU 02.02 Your Ref: Please Contact: Colin Staves Direct Line: 01604 838678 Date: XX December 2015 E-mail: cstaves@northampton.gov. uk Dear Mr Clark, The West Northamptonshire Joint Committee Order 2008 Statutory Instrument 2008 No.1572 Request for Revocation I write to you as Chair of the West Northamptonshire Joint Strategic Planning Committee, which was established by the above Statutory Instrument, hereafter referred to as the Joint Committee Order. Hopefully you are aware that the Joint Strategic Planning Committee successfully adopted the West Northamptonshire Joint Core Strategy Local Plan (Part 1) on 15 th December 2014. This means that the area covered by Daventry District, Northampton Borough and South Northamptonshire Councils benefits from an up to date joint Local Plan covering a period up to 2029, which fully addresses objectively assessed needs for housing and employment. The Plan includes the allocation of strategic sites to meet development needs relating to Northampton, which adjoin the urban area of the town but are located within the administrative areas of Daventry District and South Northamptonshire. Since the adoption of the Joint Core Strategy the planning partnership in West Northamptonshire has been reviewing alternative ways of partnership working. The reasons for reviewing the existing partnership arrangements are twofold. Firstly, the Joint Committee Order predates the National Planning Policy Framework (NPPF) and its guidance on Local Plans and planning strategically across local authority boundaries, in particular NPPF para 153 which indicates that each local planning authority should produce a Local Plan for its area. In addition, the individual district and borough partner authorities have recently agreed their own Local Development Schemes and are progressing Part 2 Local Plans for their areas within the framework provided by the Joint Core Strategy. Furthermore, the geographical scope of the partnership is no longer fit for purpose in that it excludes other neighbouring Councils, particularly the Borough of Wellingborough, which have strong relationships with the Northampton Housing Market Area. Whilst it is acknowledged that the Joint Committee has achieved the purpose for which it was established, it is also recognised that the Joint Committee Order was framed in
the context of a planning system that still included Regional Plans and predated the reforms introduced by the coalition government including the introduction of the duty to cooperate in the Localism Act 2011. The outcome of the review of partnership working was presented to the Joint Strategic Planning Committee on 20 th October 2015 when it was resolved: (1) That the Committee writes, and invites the partner Local Planning Authorities to write, formally to the Secretary of State to request the revocation of the Order pursuant to section 31(2) of the Planning and Compulsory Purchase Act 2004; and (2) That, in the event that the Secretary of State revokes the Order, the Committee supports its replacement by a Joint Planning and Infrastructure Board supported by a Memorandum of Cooperation as set out in the Committee Papers It is on the basis of this resolution that I am writing to formally request the revocation of the Joint Committee Order. This position is supported by the partner Local Planning Authorities, as confirmed in separate letters to you from Daventry District, Northampton Borough, and South Northamptonshire Councils, together with Northamptonshire County Council. I enclose a copy of the report considered by the Joint Committee, which sets out in more detail the proposals for a Joint Planning and Infrastructure Board which the partnership hopes would replace the Joint Strategic Planning Committee. This includes draft proposals for a memorandum of cooperation and draft terms of reference for the proposed Board. The proposed joint working arrangements have benefitted from independent scrutiny in the form of critical friend support by POS Enterprises (POSe). Advice received from POSe, which is included in the attached committee report, provides assurance that the proposed Planning and Infrastructure Board will provide effective partnership working arrangements to meet the requirements of the NPPF and the duty to cooperate. The West Northamptonshire partnership remains committed to and recognises the benefits of joint working. We are firmly of the view that the proposed Joint Planning and Infrastructure Board will enable effective joint working to continue with the added benefit of greater flexibility e.g. to respond to issues that go beyond statutory plan making such as the coordination of development and investment strategies to secure effective delivery of strategic infrastructure across the area. I hope that you are able to consider the request of all authorities for revocation of the Joint Committee Order favourably and in a timely manner. Should you require further information at this stage then please contact Colin Staves in the Joint Planning Unit, whose contact details are provided at the top of this letter. Yours faithfully, Cllr Alan Chantler Chair West Northamptonshire Joint Strategic Planning Committee