Chief Planner defends removal of duty to cooperate from new plan-making system

In a newsletter for planners, Averley said legislation had been laid to implement the new local plan making system, adding that these changes confirmed the removal of the duty to cooperate.

She admitted the removal of the duty to cooperate had been questioned by those who feared the change would see weaker plans adopted.

However, Averley said the Government was committed to requiring more cross-boundary cooperation and the Planning and Infrastructure Act 2025 had created a new system of spatial development strategies (SDS), which will be used to distribute housing and other strategic planning needs for entire areas between local authorities.

“The advantage of having the cooperation requirement in policy rather than legislation is that deficiencies in applying it can potentially....be rectified by the inspector during the examination, paving the way for more sites to be added, and plans which otherwise may have failed to be adopted,” the Chief Planner said.

“Government are clear that these steps will cumulatively result in a planning system which is more positively aimed at delivering the housing and other development that we need in a planned and predictable way.”

The duty to cooperate will no longer apply in the new system as housing need will in future be distributed at the level of the SDS.

This meant the only question had been whether to retain the duty for the remaining local plans going through the current system – which must be submitted by the end of 2026.

Averley said removing the duty also reflected updates in the National Planning Policy Framework to strengthen the section on “maintaining effective cooperation”, which had been carried forward in the draft updated NPPF.

Poor quality plans would be avoided because councils still have to plan on the basis of local housing need and consider accommodating the unmet needs of other neighbouring authorities.

Mark Smulian