Duty to cooperate

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What is the duty to cooperate?

The duty to cooperate was created by the Localism Act 2011. It places a legal duty on local planning authorities (LPAs), county councils in England and public bodies in England to engage constructively, actively and on an ongoing basis to maximise the effectiveness of local and marine plan preparation relating to strategic cross-boundary matters.

The aim is to ‘encourage positive, continual partnership working on issues that go beyond a single LPA’s area’. See Practice Note: Duty to cooperate.

The National Planning Policy Framework (NPPF) states that LPAs and county councils (in two-tier areas) are under a duty to cooperate with each other, and with other prescribed bodies, on strategic matters that cross administrative boundaries. See Practice Note: Duty to cooperate.

From a date to be appointed, section 97 of the Levelling-up and Regeneration Act 2023 (LURA 2023) repeals the duty to cooperate. LURA 2023, s 100 inserts section 39A of the Planning and Compulsory Purchase Act 2004 (PCPA 2004), placing a requirement on prescribed public bodies to assist with plan-making, if requested by a

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