Unmet Need & the Duty to Cooperate
The Duty to Cooperate (DTC), introduced by the Localism Act 2011, requires the Council to engage "constructively, actively and on an on-going basis to maximise the effectiveness of Local and Marine Plan preparation in the context of strategic cross boundary matters" (NPPG). The NPPF requires (para 181) that authorities "demonstrate evidence of having effectively cooperated to plan for issues with cross-boundary impacts". The demonstration of effective cooperation in reality means a positive outcome to these strategic planning discussions, even if agreement is not secured on all issues. Compliance with the duty to cooperate is central to ensure that a Council delivers sustainable development (NPPF paras 150-151) and meets its full objectively assessed needs for market and affordable housing in the HMA (NPPF para 47), including the unmet needs of neighbouring authorities where it is reasonable to do so and consistent with sustainable development (NPPF para 182).

The Council has not prepared a Local Plan that is compliant with the DTC in terms of the housing requirement proposed in Policies SS1 and H1. It is apparent that the Council have sought to engage with the other Local Authorities in the HMA (the "HMA Authorities") during the preparation of the Plan. However, it is also clear that there has not yet been a positive outcome to that engagement that will ensure that (market and affordable) housing needs in the HMA, identified in an up to date objective assessment, will be properly identified and then effectively provided for.

The Duty to Cooperate Paper sets out the Council's engagement with the HMA Authorities and others, including in the preparation of various studies most notably the HMA wide HEDNA. It highlights the intention is to agree a new "final" Memorandum of Understanding (MOU) between the HMA Authorities by January 2018 and for it to inform the preparation of the emerging Strategic Growth Plan that will guide growth across the HMA. In the meantime, the Submission Plan suggests that the 20% uplift in the housing requirement will provide for a potential unmet need arising elsewhere in the HMA in the future.

However, as set out above, that uplift provides an appropriate mitigation strategy within the Local Plan for unforeseen circumstances in relation to the housing land supply required to meet the District's own needs. It cannot be considered to provide for unmet housing needs arising elsewhere in the District under the DTC.

Moreover, it is very clear that there is already an unmet need arising in Leicester City that needs to be positively addressed now. Shortly after the publication of the HEDNA, Leicester City Council wrote to North West Leicestershire District Council in the context of the examination of its Local Plan, formally declaring an unmet need arising in the City. The reasons given refer to substantial increase in the OAN for the City over the same period compared to the 2014 SHMA (now over a third of the total OAN for the HMA arises within the city), and that the densely urbanised nature of the city, flood constraints and tightly drawn boundaries, limits the amount of land available for development. The letter eschews precisely defining the scale of unmet need, but the Appendix to it highlights that there is already a shortfall of 2,917 dwellings of completions compared to need in the period from 2011, and if completions were to remain relatively consistent, then there would be a shortfall of nearly 11,840 dwellings against the HEDNA OAN by 2031. It later highlights that even if all of the total capacity in the draft SHLAA is developed out in that period, then there would still be a shortfall of 8,834 dwellings against the HEDNA OAN by 2031 (although that is clearly seen as a minimum figure). Oadby & Wigston Borough Council also indicated a potential unmet need arising in the period post 2031.

This is clearly a critical matter that all of the Planning Authorities in the HMA need to address as part of their obligations under the DTC through the preparation of their Local Plan Reviews. It is not appropriate to seek to defer this issue to a review of this Local Plan, particularly because the "Final" MoU is apparently imminent and the currently proposed housing requirement would, therefore, be effectively out of date before the Local Plan is even adopted. Nor is it necessary to wait for the preparation of the Strategic Growth Plan, as that is a non-statutory plan that will consider options for guiding growth in the HMA over the period 2031 to 2050. The identified unmet need in Leicester is arising now (as highlighted by the City Council's letter referred to above) and needs to be addressed now in this Local Plan, otherwise it is fundamentally unsound. A failure to do so will only continue the great uncertainty going forward as to how much development should take place and where, and ultimately lead to a situation where housing needs in the City continue to be ignored.