Plan-making and local government reorganisation
Information for two-tier authorities about transitioning their plan-making to single tier unitary authorities.
Applies to England
This is draft guidance that is subject to change as we carry out the detailed work required to provide for this transition. It is a statement of intention rather than a statement of finalised policy.
The rollout of the new local plan-making system sets out when you must commence your local plan or minerals and waste plan in the new plan-making system. These dates:
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are the very latest a plan can legally be started
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allow flexibility for you to start your plan earlier
All local authorities should get up-to-date plans in place as soon as possible to deliver the homes and growth the country needs. The government has made a commitment to achieving universal plan coverage. We have been clear that we intend to drive local plans to adoption as soon as possible.
Forthcoming local government reorganisation is not a reason to delay plan-making. You must start your plan at the latest by the timings set out in regulations. If your authority received Local Plan Implementation Funding you should progress your plan to the milestone dates that you committed to.
This is the case even if you will not be able to progress the plan to adoption before the new unitary authority is operational in your area.
Transitional arrangements
MHCLG (Ministry of Housing, Communities and Local Government) is currently undertaking detailed work to support the transition of plan-making from two-tier areas to single tier unitary authorities.
A two-tier area is 2 separate councils working in the same area, such as a county council and a district (or borough or city) council. A unitary council is a single tier of local government providing all services, including planning, for one area.
MHCLG is working to enable plan-making to continue through the transitional period to ensure a smooth transition from the two-tier system to the new unitary system.
We intend to publish transitional regulations in due course to deal with the various plan-making complexities arising because of local government reorganisation.
Issues raised by authorities which the work will consider include:
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how an emerging plan can be progressed by a new unitary authority post unitarisation
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the ability for more than one local plan to have effect in relation to a local planning authority’s area at any one time during the transitional period
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complexities arising where an emerging plan will not fit neatly into a single new unitary area
We also wish to ensure that adopted plans can remain in force for the part of the new unitary area to which they relate until they are superseded by a new unitary-wide plan.
Geographical boundary of the new system plan
An authority only has jurisdiction over the planning of land within its area. You cannot start preparing a plan on the basis of the new unitary area until the new unitary authority is operational. Before the new unitary authority is operational you can join up plan-making with other authorities that will form part of the new unitary area by:
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working on joint evidence base documents
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working collaboratively to identify and address cross boundary matters in line with policy set out in the National Planning Policy Framework
Unitary-wide plan
As part of developing transitional arrangements we will inform local authorities of the time period for getting their first unitary-wide plan in place.