LGA submission to the Ministry of Housing, Communities and Local Government’s consultation on areas for producing spatial development strategies

• The LGA welcomes the commitment to achieve universal coverage of spatial development strategies (SDS) across England to tackle genuinely cross-boundary challenges like housing and infrastructure. However, it is vital that these strategies are led at a local or locally-agreed appropriate level - it should be ensured that all constituent local authorities, and local communities, have a meaningful voice and role within regional approaches to spatial planning. Local authorities should always be given the flexibility to influence the geography that is most appropriate for local needs, as opposed to a central directive.
• In recognition of the changing landscape owing to local government reorganisation, it will be important that the body which retains the local planning authority function, with significant planning experience and expertise, should not be excluded from a role in strategic planning. Success of SDS is dependent on constituent councils and communities being heard and represented throughout the preparation of the plan. Not permitting a seat at the table or a voting role for planning authorities on SDS could have significant implications on a strategic area’s ability to meet housing needs, as local knowledge and evidence may be overlooked. Appropriate consideration should be made to proportionality and agreed at a local level.  
• The Government should take a coordinated approach to any boundary changes across public services, ensuring that, where possible, devolution to planning, the NHS, the police, and fire services, and probation services, enable alignment with regional authorities well-placed to collaborate with one another.

With over 1.3 million households on social housing waiting lists and record numbers of children living in temporary accommodation, councils are operating at the very sharp end of the housing crisis. Local government fully shares the Government's commitment to significantly boost housebuilding and stands ready to work constructively with ministers, communities, and developers to deliver the safe, decent, and genuinely affordable homes that the country urgently needs. 

The LGA welcomes the commitment to achieve universal coverage of spatial development strategies (SDS) across England to tackle genuinely cross-boundary challenges like housing and infrastructure. However, it is vital that these strategies are led at a local or locally-agreed appropriate level - it should be ensured that all constituent local authorities, and local communities, have a meaningful voice and role within regional approaches to spatial planning. Local authorities should always be given the flexibility to influence the geography that is most appropriate for local needs, as opposed to a central directive.

Due to the focus on the specific proposed geographical boundaries, the LGA has not responded to the consultation questions set by MHCLG but outlines key principles in this response. Councils will be best placed to respond to the proposed geographies, using their local expertise. 

It should be up to councils to determine the boundaries that are best suited to their area, using their local knowledge and expertise. Local authorities are best placed to work collaboratively together and tackle cross-boundary challenges such as housebuilding, delivering infrastructure and resilience. Any Mayoral power to determine an application of potential strategic importance should not override the role, knowledge and leadership of democratically accountable elected local councillors and their communities. Councils have been preparing for cross-boundary working and are already working together on a voluntary basis, particularly ahead of local government reorganisation.

The Government should consider the risks in centralising decision-making on planning away from councils to strategic authorities, who have the best knowledge about their local area. Local authorities must be involved in decision-making, utilising officer and councillor expertise about their areas. 

In recognition of the changing landscape owing to local government reorganisation, it will be important that the body which retains the local planning authority function,, with significant planning experience and expertise, should not be excluded from a role in strategic planning. Success of SDS is dependent on constituent councils and communities being heard and represented throughout the preparation of the plan. Not permitting a seat at the table or a voting role for planning authorities on SDS could have significant implications on a strategic area’s ability to meet housing need as local knowledge and evidence may be overlooked. Appropriate consideration should be made to proportionality and agreed at a local level. 

The LGA has concerns about capacity, particularly during local government reorganisation, for councils in areas without mayoral strategic authorities, where responsibility will lie with county councils and unitary councils. It is important that Government sets out explicit guidance on SDS content and scope to prevent SDS becoming ‘giant local plans’. Councils have raised concerns about workforce capacity and skills to undertake both local plans and feed into SDS - the latest Government planning capacity and capability survey identifies that “recruitment difficulties remain widespread, with 79 per cent of local planning authorities affected, and 93 per cent continue to report skills gaps”. 

It will also be important that sufficient funding is made available to support SDS preparation.

We have significant concerns regarding the governance arrangements set out in the Planning and Infrastructure Act which underpins SDS - specifically:

We do not support powers for the Secretary of State to approve a strategy where a resolution to adopt it is not passed by local leaders. This undermines the democratic role of local government, particularly if the Secretary of State can override a unanimous vote against adoption.

We are concerned that the grounds for intervention (where a strategy "may be" failing) effectively grant the Secretary of State a "blank cheque" to intervene. Intervention should be reserved for exceptional circumstances only.

Constituent local authorities must have a statutory right to appear and be heard at the public examination of a Spatial Development Strategy (SDS). As currently drafted, this right is limited to the strategic planning authority, which risks marginalising the voices of individual councils and their communities.

The LGA also has concerns about the move to simple majority voting in strategic authorities and reminds the Government of the need for effective and balanced decision-making. The LGA urges the Government to introduce safeguards against this, including removing the mayor’s casting vote in instances where decision-making is tied for spatial development strategies.

Government must remain mindful that – with devolution, widespread local government reorganisation, the introduction of SDS, and with two approaches to plan-making with definitive backstop dates in place – this is a period of significant flux, change and uncertainty within local planning authorities.  

The Government should take a coordinated approach to any boundary changes across public services, ensuring that, where possible, devolution to planning, the NHS, the police, and fire services, and probation services, enable alignment with regional authorities (including mayoral combined authorities, non-mayoral combined authorities, foundation strategic authorities and mayoral strategic authorities) well-placed to collaborate with one another. This includes regionally, locally, and at a neighbourhood level. Consideration should be made to areas where boundaries may not align. 

The LGA urges the Government to consider the significant period of change and uncertainty for local planning authorities, with devolution, widespread local government reorganisation, the introduction of SDS, and changes to plan-making. It is essential that councils, with their local knowledge and expertise, have a key role in shaping the geographies that are right for them and in preparing spatial development strategies. Ensuring councils and communities are heard and represented throughout the process will be critical to meeting housing need and delivering the Government’s ambitions. The LGA calls on the Government to take a coordinated approach to boundary changes, safeguard effective and balanced decision making, and ensure that the role and expertise of local authorities are fully engaged.