Council in legal action after inspector identifies failure to meet duty to co-operate

St Albans City and District Council has started legal proceedings in the High Court over a planning inspector’s conclusion that it had not met its duty to co-operate with neighbouring authorities while drawing up its Strategic Local Plan (SLP).

The local authority submitted its draft SLP for approval to the Department for Communities and Local Government last year.

In a letter to the council, the inspector, David Hogger, sent his conclusions on 28 November. He found that there had been a failure to meet the duty contained in section 33A of the Planning and Compulsory Purchase 2004 Act.

After taking external legal advice, St Albans has now decided to take legal action against the Secretary of State.

It is arguing that the inspector’s decision is unlawful. There are five grounds of challenge:

  1. The inspector wrongly interpreted parts of the National Planning Policy Framework. “He took into account immaterial considerations in relation to the identification of strategic issues within the SLP.”
  2. He failed to engage with or take into account the issues which were engaged with in the plan-making process when reaching conclusions on the duty to cooperate.
  3. He failed to identify what matters were strategic for the purposes of Section 33A of the 2004 Act.
  4. In reaching his conclusions on the relationship between Dacorum Borough Council’s core strategy and the SLP, he made an error of law.
  5. The inspector made conclusions on the soundness of the SLP which were wrong.

Cllr Julian Daly, St Alban’s Leader and Portfolio Holder for the SLP, said: “The council believes the inspector’s conclusion that we did not meet the duty to co-operate is flawed. We are therefore seeking a judicial review of the decision and look forward to having our case heard.

“However, we remain committed to meeting with the councils which raised concerns so that we can understand and address their positions.

“I will continue to work closely with the other parties’ spokespeople in the development of the council’s approach.”

St Albans’ SLP sets out policies on development in the district until 2031, identifying land for new housing, infrastructure, commerce, industry and social amenities. It was produced following two public consultations.