The Duty to Co-operate was established in the Localism Act 2011, which amended the Planning and Compulsory Purchase Act 2004. It places a legal duty on local planning authorities, county councils and public bodies to engage constructively, proactively and on an ongoing basis to ensure that significant issues that affect more than one local authority area are addressed adequately within plans. This Plan must therefore consider influences on and the requirements of adjoining areas and how strategic infrastructure is to be delivered.

Paragraph 47 of the NPPF sets out that in considering whether the Duty to Co-operate has been met, local planning authorities should deliver a full objectively assessed housing need for market and affordable housing in the identified Housing Market Area (HMA). This should account for any unmet need arising from neighbouring authorities where it is reasonable to do so and where consistent with achieving sustainable development.

The District is considered part of the Leicester and Leicestershire HMA. The HMA includes a total of nine Leicestershire local authorities. Our clients recognise that these nine authorities have worked together to prepare the 2017 HEDNA, which identifies an OAN figure for the HMA of 4,829 dwellings per annum between 2011 -2031, and 4,716 dwellings per annum between 2011 - 2036.

Nevertheless we understand from review of the Council's published Duty to Co-operate Statement (September 2017) that there remains a significant level of uncertainty regarding whether or not each of these individual authorities can plan for and meet their own needs, or whether they will require assistance from neighbours in the HMA. We understand that two authorities within the identified HMA have recently outlined concern about their capacity to deliver their own OAN figures within the plan period. Leicester City Council (LCC) has declared unmet need totalling circa 8,834 dwellings in the period up to 2031. Oadby & Wigston District Council (OWDC) has also declared an unmet need of 161 dwellings up to 2031, or 1,076 up to 2036. It is reasonable to consider that Harborough District Council will play some role in responding to any such unmet need as the situation becomes more clear.

Whilst our clients consider that the Council has to some extent sought to co-operate with neighbouring authorities in the Leicester and Leicestershire HMA as per the published Duty to Co-operate Statement, the preparation of the plan against a backdrop of the above uncertainty is problematic. Any provisions to address this declared unmet need from LCC and OWDC are not yet agreed as part of any up-to-date memorandum of understanding between authorities in the HMA. We understand that a final memorandum of understanding which will establish a commitment to meet OAN figures up to 2028 will be signed all HMA authorities by January 2018. Therefore until such a time, it can not yet be clear that the Council has fulfilled the requirements of the Duty to Co-operate.

Without fully and comprehensively addressing any unmet need in the HMA, the Plan cannot be considered positively prepared, effective or consistent with overarching national policies. The Plan cannot be found sound at such a time where uncertainty on the extent of any identified unmet need has not yet been accounted for.