Duty to cooperate and core strategies already submitted
A very interesting question has cropped up at the examination into
Bath and North East Somerset's (BATHNES) Core Strategy (CS). Bathnes
submitted its CS in May 2011 - comfortably before Royal Assent of the
Localism Act 2011 and the coming into effect of the duty to cooperate.
However, the Inspector conducting the examination is having to grapple
with submissions brought by an objector who is arguing that the duty
applies notwithstanding the fact that the CS was already submitted,
because the amendments brought about by s 112 Localism Act 2011 in any
event require the Inspector to form a view on whether or not the duty
has been satisfied.
Legal submissions have been made on both sides and the upshot is that the Inspector is to hold a hearing on whether or not the duty has been met (even though he has already expressed the view that the duty does not apply in this case). This is in response to the likelihood of legal challenge by the objector.
This is one to watch - for local planning authorities as well as others interested in emerging local plans.
Legal submissions have been made on both sides and the upshot is that the Inspector is to hold a hearing on whether or not the duty has been met (even though he has already expressed the view that the duty does not apply in this case). This is in response to the likelihood of legal challenge by the objector.
This is one to watch - for local planning authorities as well as others interested in emerging local plans.
