The Further Alterations to the London Plan (2011) examination sessions commenced on Monday, and was attended by representatives from the National Housebuilders Federation (NHF) and a series of local planning authorities from the home counties.

Discussions focused on the technicality of whether the Mayor, in preparing the London Plan alterations is subject to the Duty to Co-operate (DtC). This has a potentially significant impact because, as recognised by the Inspector and the Mayor’s representatives, should it be found that the DtC does apply, then the proposed further alterations to the London Plan could go no further. This would in turn effect the production of the Plan, and Local Plans within London.

The Mayor is reliant on section 110 of the Localism Act 2011, which states that  the DtC only applies to a series of ‘activities’, including Local Development Plans (LDPs), Development Plan Documents (DPDs), or activities which support these. The Mayor does not consider that the London Plan falls within any of these categories, and also notes that the Inspector considering the Revised Early Minor Alterations to the London Plan upheld this position in his report of June 2013.

Representatives from Mole Valley District Council and the HBF highlighted that the National Planning Policy Guidance, published in March 2014 explicitly states, in relation to the DtC, that the  ‘The Mayor of London is one of the prescribed bodies and is also subject to the duty’. However, the Mayor’s representatives considered that this reference is in relation only to co-operation with London borough’s on the production of LDP and DPDs.

Passing reference was also made to whether the London Plan should be consuming its own smoke in terms of housing provision – at the moment the proposed alterations plan for a minimum of 42,000 dwellings per annum, although the 2013 Strategic Housing Market Assessment (SHMA) identifies a need for between 49,000 (2015-2036) and 62,000 (2015-2026) per annum. As HBF noted, if a local authority did not plan to meet its own need, it would not be found sound.

The Inspector has a finely balanced decision to make in considering this matter. Should he find that the DtC does apply to the preparation of the proposed alterations to the London Plan, that would mean back to the drawing board for the Mayor for these proposed changes, and would also cause uncertainty for the London boroughs currently preparing local plans. If he doesn’t then the proposed alterations will continue through to adoption – subject to the consideration of other matters through the examination process, including the level of housing provision.

Iceni will continue to report the significant matters arising from the hearing sessions, and will bring you all of the key outputs, however if you would like to discuss any of the matters raised, please get in touch with John or your usual Iceni contact.