Appendix 2 - Duty to co-operate statement
1. Statements of Common Ground
1.1 Taking into account paragraph 27 of the National Planning Policy Framework, four statements of common ground were published in the on-line Core Document library supporting the Erewash Core Strategy Review at the time of submission. These statements of common ground documented the outcomes of ongoing engagement with other local planning authorities, including where disagreement still exists.
1.2 This compliance statement provides background to each of those statements of common ground, having regard to the advice in paragraph 011 of the Guidance on Plan Making in the Planning Practice Guidance.
2. Nottingham Housing Market Area
2.1 As set out in the statement of common ground submitted for the Nottingham Housing Market Area, Erewash Borough is a part of the Nottingham Housing Market Area as concluded by the 2018 Nottingham Core Market Area Boundary Study which was jointly commissioned by the constituent authorities of the Nottingham Housing Market Area. For the avoidance of doubt, a map of this area is included at Appendix A1. This study was in turn a review of the 2005 study “Identifying the Sub-Regional Housing Markets of the East Midlands”, which was commissioned by the East Midlands Regional Assembly to inform the production of the 2009 East Midlands Regional Spatial Strategy.
2.2 As recorded in the statement of common ground, it is considered that the Nottingham Housing Market Area is the most appropriate geography for the consideration of the duty to cooperate. Nevertheless, it is has been a moot point whether there are any strategic cross boundary issues between Erewash Borough and the rest of the Nottingham Housing Market Area. In terms of the legal definition of a strategic matter as set out in Section 33A(4) of the Planning and Compulsory Purchase Act 2004, as amended by the Localism Act 2011, the Erewash Core Strategy Review does not appear to make any proposals for the development of land that would have a significant impact on another authority in the Nottingham Housing Market Area. Nor do there appear to be any proposals for strategic infrastructure that would have a significant impact on both Erewash Borough and another authority in the Nottingham Housing Market Area. Nevertheless, a process of engagement has been followed in an attempt to identify any such issues which has resulted in the current statement of common ground.
2.3 Following the identification of the Nottingham Housing Market Area in 2005, the constituent local planning authorities embarked on a set or partnership working arrangements that were formalised in 2008 by the establishment of the Greater Nottingham Planning Partnership Joint Planning Advisory Board. The board includes representation from the following local authorities:
- Broxtowe Borough Council (in Nottinghamshire)
- Gedling Borough Council (in Nottinghamshire)
- Nottingham City Council (Unitary Authority)
- Rushcliffe District Council (in Nottinghamshire)
- Nottinghamshire County Council
- Erewash Borough Council (in Derbyshire)
- Derbyshire County Council
2.4 The board is not a joint planning authority, but is constituted through a mutually agreed memorandum of understanding and comprises the lead members for planning from each of the member authorities. The board meets four times a year to consider papers submitted by the Executive Steering Group, which itself comprises the lead officers for planning from each constituent authority. The secretariat for the partnership is provided by an officer hosted by Nottingham City Council but jointly funded by the constituent partner authorities.
2.5 Following extended discussions at officer level, interspersed with formal submissions on behalf of the partnership to the three rounds of consultation held by Erewash Borough Council (See Appendix B), the Greater Nottingham Planning Partnership Joint Planning Advisory Board approved the submitted statement of common ground at their meeting in June 2022. No further amendments have been proposed by either party to date.
2.6 The statement of common ground is comprehensive in so far as it considered the relevance of each strategic policy of the Erewash Core Strategy Review to the wider Nottingham Housing Market Area. It is acknowledged that the statement is restrained. This was mainly due to the reluctance of partners to sign up to any binding agreements that would restrict their own plan making efforts. Nevertheless, the statement of common ground establishes the following points:
2.7 Housing Need – it is agreed that Erewash Local Planning Authority considers the level of need calculated by the government’s standard housing methodology to be the appropriate target for housing provision in the borough. There is no request for Erewash Borough to provide for additional housing needs arising from elsewhere in the Nottingham Housing Market Area.
2.8 The Nottingham-Derby Green Belt – it is agreed that the Green Belt in Erewash is of high importance in maintaining the separation of the two conurbations, but that Erewash Borough can not accommodate its housing need without releasing land from the Green Belt for housing. There is no request for Erewash Borough to avoid building in the Green Belt.
2.9 Housing Distribution – it is agreed that none of the other Nottingham Housing Market Area planning authorities have offered to take any of Erewash Borough Council’s housing requirement in order to reduce pressure on the Nottingham-Derby Green Belt in Erewash Borough. This position is accepted, not least because any such diverted growth would be likely to impact on the Green Belt elsewhere in the Housing Market Area. This consideration is an important factor in contributing to the very special circumstances justifying release of Green Belt in Erewash Borough for housing.
2.10 Town Centre Hierarchy – it is agreed that the proposed town, local and village centres for Erewash Borough are in accordance with the hierarchy of local centres across the Nottingham conurbation. There is no suggestion that the development of these centres will cause a significant cross-boundary impact.
2.11 Employment Land – it is agreed that the evidence points to a need for around 40ha of employment land in Erewash Borough, and that the 55ha proposed at Stanton North makes adequate provision for this, with the additional provision over and above the 40ha requirement contributing to strategic warehousing and distribution needs. There is no requirement to provide additional land to meet employment needs arising from elsewhere in the Housing Market Area.
2.12 Green Infrastructure – it is agreed that the proposals for Strategic Green Infrastructure corridors in Erewash are supported by joint evidence. They therefore appropriately extend the network of green corridors across the Nottingham Housing Market Area. There is no requirement for additional provision.
2.13 Transport – It is agreed that the A52 and Midland Mainline are the key transport corridors between the conurbations. There is no requirement for any proposals for these corridors. It is agreed that the multi-user trails proposed in Erewash Borough are appropriate extensions of networks across the Nottingham Housing Market Area.
2.14 Reflecting on the record in the statement of common ground, it is concluded that no strategic cross boundary issues between Erewash Borough and the rest of the Nottingham Housing Market Area have been identified. In particular, taking account of paragraph 11 of the National Planning Policy Framework (the presumption in favour of sustainable development), no requirement to meet needs from the rest of the Nottingham Housing Market Area have been identified. Furthermore, taking account of paragraph 35 of the National Planning Policy Framework (examining plans), the plan is effective to the degree that all cross-boundary issues have been explored, and no strategic issues have been identified that require resolution.
3 Derby Housing Market Area
3.1 The 2005 study “Identifying the Sub-Regional Housing Markets of the East Midlands”, which was commissioned by the East Midlands Regional Assembly to inform the production of the 2009 East Midlands Regional Spatial Strategy, identified the Derby Housing Market Area as not including Erewash Borough. For the avoidance of doubt, a map of this area is included at Appendix A2. The constituent members of the Derby Housing Market Area commissioned their own 2018 Derby Housing Market Area Boundary Study, which confirmed that Erewash Borough is not part of the Derby Housing Market Area.
3.2 Derby Housing Market Area have established their own Joint Advisory Board, modelled on the Greater Nottingham Planning Partnership Joint Planning Advisory Board. It is comprised of the following local authorities:
- Amber Valley Borough Council (in Derbyshire)
- Derby City (Unitary Authority)
- South Derbyshire (in Derbyshire)
- Derbyshire County Council
3.3 Notwithstanding that Erewash Borough is not a part of the Derby Housing Market Area, a series of discussions have been held with the Derby Housing Market Area officer group (See Appendix B), as a result of which Erewash Borough accepted observer status on the Derby Housing Market Area Joint Advisory Board from January 2022.
3.4 At the start of the plan making process for the Erewash Core Strategy Review the Derby Housing Market Area took a broad view of the issues that should be subject to the duty to cooperate. As discussions have progressed it has been progressively agreed that most of these were not strategic matters, though many have been retained in representations. The residual issue that is capable of being a strategic matter is the distribution of housing need.
3.5 Notwithstanding that Erewash Borough is not part of the Derby Housing Market Area, the Derby Housing Market Area would like Erewash Local Planning Authority to participate in housing distribution exercises with them with a view to Erewash Borough accommodating some of the Derby Housing Market area housing need. Conversely, Erewash Local Planning Authority considers that there is no need to consider housing transfers across the housing market area boundary, but that if such transfers were to be considered they should include the transfer of housing development from the Green Belt in Erewash Borough to the abundant non-Green Belt land in the Derby Housing Market Area. As a matter of record Erewash Local Planning Authority have asked the Derby Housing Market Area planning authorities if they can accommodate any of Erewash Borough’s housing need in order to reduce pressure on the Green Belt. There has been no positive response to that query.
3.6 Disappointingly, the Derby Housing Market Area have resisted inclusion of the above positions in a statement of common ground. After many iterations they eventually wrote their own statement of common ground (in October 2022), which Erewash Local Planning Authority has had to accept in order to progress the Core Strategy Review to submission, taking account of the expectations of the National Planning Policy Framework. That statement indicates that it is agreed that housing distribution is a strategic cross-boundary issue between Erewash Borough and the Derby Housing Market Area, but that the Derby Housing Market Area are not able to progress any further wording for the statement of common ground at this time.
3.7 The Derby Housing Market Area position is disappointing, and falls significantly short of the expectations placed on them by the National Planning Policy Framework and the Planning Practice Guidance. Nevertheless, it is a matter of fact that the agreed statement of common ground does not contend that Erewash should make provision for housing need from the Derby Housing Market Area, in which case it could be concluded that the matter of housing distribution has not identified a strategic cross-boundary issue that requires consideration under the duty to cooperate.
3.8 However, it is noted that the Derby Housing Market Area have specifically worded the statement of common ground to allow them to change their minds on this issue. It is likely that a verbal update on this matter from the Derby Housing Market Area will be required at any hearings held as part of an examination of the Erewash Core Strategy Review in order to definitively establish what they want.
4 Derby City
4.1 Derby City is a large unitary authority on the western border of Erewash Borough. The strategic cross-boundary issues between the two authorities are the impact of the housing allocations at land west of Acorn Way and north of Spondon on infrastructure in Derby City (see Appendix A3).
4.2 Early engagement with Derby City, like the engagement with the Derby Housing Market Area, was confused by a wide range of issues, including Derby City Local Planning Authority’s desire to simultaneously object to the allocations on their boundary and to have them count towards Derby City’s own housing requirements. It was only when the Derby Housing Market Area accepted that most of the issues they had raised in common with Derby City were not strategic, and when it was agreed that housing distribution should be addressed at the housing market area level, that meaningful discussions with Derby City on the impact of the Acorn Way and Spondon allocations on infrastructure in Derby City could be progressed (see Appendix B).
4.3 Notwithstanding ongoing discussions it was through the representation process that Derby City were able to narrow down their wide ranging concerns to three specific issues: education, affordable housing, and traffic. The level of agreement on these was captured in the statement of common ground in November 2022 as follows:
4.4 Education – The Erewash Core Strategy Review makes specific proposals that education contributions from development west of Acorn Way and north of Spondon should be spent in the adjacent parts of Derby City to improve provision at the schools children living on those housing developments are most likely to attend. Derby City consider this is too specific, and would support a more general policy that left decisions on where education contributions would be spent to the planning application process. Though the need for flexibility is understood, failure to make a positive statement in the development plan favouring Derby Education Authority as the recipient of contributions would leave Derbyshire Education Authority as the default recipient, despite the fact that Derbyshire Education Authority has no schools in the vicinity of the allocations. Taking account of National Planning Policy Framework paragraph 35(c), the two parties should not be deferring decisions on this mutually acknowledged cross-boundary strategic matter.
4.5 Affordable Housing – Derby City would like to be able to nominate residents from their own housing waiting lists to any affordable housing provided by the housing allocations on their border. However, though that is an opportunity posed by the proposals, it is not an impact caused by them. Consequently the matter of affordable housing has not identified a strategic cross-boundary issue that requires consideration under the duty to cooperate.
4.6 Traffic – Derby City Highways Authority are partners with Derbyshire County Highways Authority, Nottinghamshire Highways Authority and the Highways Agency in the Erewash Borough Council sponsored transport assessment of the proposals of the Erewash Core Strategy Review. That assessment utilises the East Midlands Gateway multi-modal model, a transportation model encompassing both Nottingham and Derby Cities and surrounding areas, including the intervening area of Erewash Borough. The assessment has confirmed the utility of all the transport measures proposed in the Erewash Core Strategy Review, and identified two junctions in Derby City that could be improved to provide further mitigation of traffic impacts. Given this level of involvement, it is disappointing that Derby City Highway Authority have not amended in the statement of common ground the position in their representation to the submission Core Strategy Review that the proposals west of Acorn Way and north of Spondon are unsustainable in principle.
4.7 As they stand, the cross boundary strategic issues raised by Derby City Education Authority and Derby City Highways Authority will have to be resolved through the examination process. Further engagement with those bodies will seek to mutually agree proposals to that examination process, if possible.
5 Amber Valley Borough Council
5.1 As set out in the statement of common ground with Amber Valley Borough Council, it is agreed that the integrity of the Green Belt between Heanor (in Amber Valley Borough) and Ilkeston (In Erewash Borough) is a strategic cross-boundary issue for the purposes of the duty to cooperate.
5.2 The statement of common ground sets out the area of Green Belt relevant to this strategic issue as bounded by the south eastern boundary of the built-up area of Heanor Urban Area to the north-west, the River Erewash to the east, the north western boundary of Ilkeston Urban Area to the south-east, Mapperley Wood, Pond and Drain to the south, and Shipley Lane to the west. For the avoidance of doubt, a map of this area is included at Appendix A4.
5.3 A series of bespoke discussions were held with Amber Valley Borough Council and Derbyshire County Council to identify the relevant strategic issue set out above and understand their concerns about the proposals to allocate part of this Green Belt for housing development on land North of Cotmanhay (see Appendix B). These culminated in the production the statement of common ground in July 2021.
5.4 As indicated in the statement of common ground, Amber Valley Borough Council and Derbyshire County Council do not accept:
- That the Green Belt function of the land in question is compromised by the adjacent ribbon development;
- That 2020 Options for Growth document establishes exceptional circumstances for amending the Green Belt in this location (e.g. that the need for housing development in Erewash Borough requires building on the Green Belt, that the hierarchy of strategic options favours building adjacent Ilkeston town, and that the availability of sites points to land north of Cotmanhay);
- That the supporting evidence to the 2021 Revised Options for Growth establishes exceptional circumstances for amending the Green Belt in this location (e.g. the Sustainability Appraisal of alternative development sites, and assessment of the impact on the Green Belt of developing this and alternative sites contained in the Strategic Growth Area Assessments).
5.5 The statement of common ground also notes that Erewash Borough Council does not accept that:
- Derbyshire County Council is a strategic planning authority (that role having been abolished by the 2004 Planning and Compulsory Purchase Act);
- That more evidence (in addition to the Strategic Housing Land Availability Assessment, Sustainability Appraisal, and Strategic Growth Assessment) is required to justify the release of Green Belt in this location;
- That a Green Belt Review is required (in the terms of the type of comprehensive review of the validity of the whole Green Belt previously carried out by Derbyshire County Council).
5.6 The disagreements are matters of professional judgement between the various parties. It is unlikely that they can be resolved outside the examination process.
6. Summary
6.1 The Nottingham Housing Market Area is the natural geographic zone for duty to cooperate issues for the Erewash Core Strategy Review. A long standing mechanism for engagement exists across this geography, which was utilised to explore issues throughout the production of the Core Strategy Review. However, the joint exploration of the strategic policies of the Erewash Core Strategy Review has not identified strategic issues that required resolution through the duty to cooperate.
6.2 The Derby Housing Market Area is not a natural geography for duty to cooperate issues for the Erewash Core Strategy Review. Nevertheless, a process of active engagement has been pursued which has established new mechanisms of joint working. It is regrettable that having established their eagerness to be engaged in the Erewash Core Strategy Review at the start of the process, the Derby Housing Market Area has to date been unable to articulate what this cooperation entails.
6.3 The proposed housing allocations on the edge of Derby City raise duty to cooperate issues around the strategic issues of education provision and transport. It is disappointing that after three years of engagement Derby City has yet to meaningfully respond to proposals by Erewash Borough Council to address those issues. Nevertheless engagement is still being pursued on both fronts.
6.4 The impact of the proposed housing allocation north of Cotmanhay on the Ilkeston-Heanor portion of the Nottingham-Derby Greenbelt is a strategic issue. It is considered that the current disagreement is a matter of professional judgement between the relevant parties best resolved through examination.
6.5 At the current time, none of the above parties maintain a position that there has been a failure in the duty to cooperate.
Appendix A1 – Nottingham Housing Market Area
Appendix A2 – Derby Housing Market Area
Appendix A3 – Derby Urban Area
Appendix A4 – Ilkeston-Heanor Green Belt
Appendix B – Duty To Cooperate Engagement Log
|
Date |
Nottingham HMA |
Derby HMA |
Derby City |
Amber Valley |
|---|---|---|---|---|
|
14/01/2020 |
Nott. HMA Rep | |||
|
20/01/2020 |
Derby HMA Rep | |||
|
21/01/2021 |
AVBC Rep | |||
|
27/01/2020 |
EBC Reg 18 Part 1 |
EBC Reg 18 Part 1 |
EBC Reg 18 Part 1 |
EBC Reg 18 Part 1 |
|
17/02/2020 |
EBC Reply |
EBC Reply |
EBC Reply | |
|
27/02/2020 |
JPAB | |||
|
09/03/2020 |
EBC Reply | |||
|
04/06/2020 |
ESG | |||
|
30/06/2020 |
JPAB | |||
|
27/08/2020 |
ESG | |||
|
16/07/2020 |
Derby HMA Rep | |||
|
22/09/2020 |
JPAB | |||
|
19/11/2020 |
ESG | |||
|
15/12/2020 |
JPAB | |||
|
19/01/2021 |
JPAB Workshop | |||
|
24/02/2021 |
JPAB Workshop | |||
|
12/03/2020 |
EBC Request Meet |
EBC Request Meet | ||
|
08/03/2021 |
DtC Meeting | |||
|
15/03/2021 |
ESG | |||
|
25/03/2021 | ||||
|
29/03/2021 |
EBC Reg 18 Part 2 |
EBC Reg 18 Part 2 |
EBC Reg 18 Part 2 |
EBC Reg 18 Part 2 |
|
30/03/2021 |
JPAB | |||
|
01/04/2021 |
DtC Meeting | |||
|
07/04/2021 |
EBC Request Meet | |||
|
15/04/2021 |
Derby Reply | |||
|
13/04/2021 |
EBC 1st Draft SoCG | |||
|
26/04/2021 |
DtC Meeting | |||
|
26/04/2021 |
EBC 1st Draft SoCG | |||
|
30/04/2021 |
AVBC 2nd Draft SoCG | |||
|
30/04/2021 |
EBC 3rd Draft SoCG | |||
|
10/05/2021 |
Nott. HMA Rep |
Derby HMA Rep |
AVBC Rep | |
|
18/05/2021 |
EBC 4th Draft SoCG | |||
|
19/05/2021 |
Derby Rep | |||
|
20/05/2021 |
Derby HMA Officer Group | |||
|
21/05/2021 |
EBC Minutes & Reply | |||
|
24/05/2021 |
EBC 1st Draft SoCG | |||
|
03/06/2021 |
ESG | |||
|
29/06/2021 |
JPAB | |||
|
21/07/2021 |
Agree 5th Draft SoCG | |||
|
28/07/2021 |
Derby HMA Rep | |||
|
02/09/2021 |
ESG | |||
|
23/09/2021 |
Extra ESG | |||
|
28/09/2021 |
JPAB Workshop | |||
|
13/10/2021 |
JPAB Workshop | |||
|
24/11/2021 |
ESG | |||
|
26/11/2021 |
EBC 1st Draft SoCG |
EBC 2nd Draft SoCG | ||
|
14/12/2021 |
JPAB | |||
|
16/12/2021 |
Derby HMA Officer Group | |||
|
24/12/2021 |
EBC Minutes & Reply | |||
|
28/01/2022 |
Derby HMA Joint Board | |||
|
17/02/2022 |
DtC Meeting (ESG) | |||
|
22/02/2022 |
DtC Meeting | |||
|
22/02/2022 |
EBC 2nd Draft SoCG |
EBC Reminder | ||
|
01/03/2022 |
Derby Decline Meet | |||
|
14/03/2022 |
EBC Reg 19 |
EBC Reg 19 |
EBC Reg 19 |
EBC Reg 19 |
|
22/03/2022 |
DtC Meeting | |||
|
29/03/2022 |
EBC 3rd Draft SoCG | |||
|
29/03/2022 |
DtC Meeting | |||
|
30/03/2022 |
EBC 4th Draft SoCG | |||
|
14/04/2022 |
Derby HMA Officer Group | |||
|
26/04/2022 |
EBC Reply | |||
|
26/04/2022 |
Derby HMA Joint Board | |||
|
04/05/2022 |
EBC 5th Draft SoCG | |||
|
04/05/2022 |
Nott. HMA Reply | |||
|
04/05/2022 |
EBC 6th Draft SoCG | |||
|
10/05/2022 |
Nott. HMA Reply | |||
|
16/05/2022 |
EBC Reply | |||
|
19/05/2022 |
EBC 7th Draft SoCG | |||
|
19/05/2022 |
DtC Meeting (ESG) | |||
|
19/05/2022 |
EBC 8th Draft of SoCG | |||
|
24/05/2022 |
DtC Meeting | |||
|
25/05/2022 |
Nott. HMA 9th Draft SoCG | |||
|
07/06/2022 |
JPAB Agree SoCG | |||
|
05/07/2022 |
Derby HMA Joint Board | |||
|
19/06/2022 |
Derby Cancel Meet | |||
|
25/08/2022 |
EBC 2nd Draft SoCG | |||
|
12/09/2022 | ||||
|
20/09/2022 |
Derby HMA Holding Reply | |||
|
18/10/2022 |
Catch Up Meeting | |||
|
19/10/2022 |
EBC Minutes | |||
| 19/10/2022 | EBC 3rd Draft SoCG | |||
| 24/10/2022 | Derby HMA Holding Reply | |||
| 03/11/2022 | Derby HMA Officer Group | |||
| 22/11/2022 | DtC Meeting | |||
| 22/11/2022 | EBC 3rd Draft SoCG | |||
| 22/11/2022 | Derby Reply | |||
| 22/11/2022 | EBC Reply | |||
| 29/11/2022 | EBC 4th Draft SoCG | |||
| 29/11/2022 | Derby HMA 5th Draft SoCG | |||
| 29/11/2022 | Agree SoCG | |||
| 30/11/2022 | EBC 4th Draft SoCG | |||
| 02/12/2022 | DtC Refresh Meeting |