Planning and Infrastructure Bill: what is the 'duty to cooperate'?

Please note that the Planning and Infrastructure Bill is still in draft form and subject to change.

The Planning and Infrastructure Bill introduces several key reforms, with section 75 outlining a proposed 'duty to cooperate' between public authorities and Natural England in relation to the preparation and implementation of Environmental Delivery Plans (EDPs). Although the bill is still in draft form and not yet enacted, this section presents a significant shift in how environmental planning and development will be approached in the UK.

At its core, the proposed duty to cooperate seeks to establish a more integrated, collaborative approach to conservation efforts, urging public bodies to play a hands-on role in ensuring the success of environmental management initiatives.

In this article we outline what the duty to cooperate involves and highlight the key responsibilities for public authorities. We also highlight the exemptions from the duty to cooperate, set out the data protection requirements and explore the commercial impacts of the duty.

What does the duty to cooperate involve?

The essence of section 75 is to mandate a duty to cooperate between public authorities and Natural England to advance conservation and sustainability goals. This includes helping with the creation and execution of EDPs that are intended to protect biodiversity, manage natural resources, and align development with environmental objectives. The Planning and Infrastructure Bill requires public authorities to engage meaningfully, offering reasonable assistance to Natural England in the preparation and delivery of these plans.

Section 75(1) states: 'A public authority in England must co-operate with Natural England and give it such reasonable assistance as it requests in connection with the preparation or implementation of an EDP.'

Key responsibilities under the duty to cooperate

The proposed duty to cooperate imposes specific obligations on public authorities, which could have a broad impact on planning and development processes. These include:

Providing information: public authorities must supply necessary data and information to Natural England to support the development of EDPs.
Modifying development conditions: authorities may need to impose or adjust conditions on development projects to ensure they align with environmental goals and conservation efforts.
Assisting in conservation measures: public authorities are required to actively assist in implementing conservation strategies that protect natural habitats and species, ensuring the execution of effective environmental management.

As outlined in the draft Planning and Infrastructure Bill, Section 75(2) states:

'The things that a public authority may be required to do under the duty in subsection (1) include, in particular—(a) the provision of information to Natural England; (b) the imposition or variation of a condition of development; (c) assistance with the implementation of conservation measures.'

Guidance and compliance with the duty to cooperate

Public authorities will be required to follow any guidance issued by the secretary of state regarding the duty to cooperate. This will ensure consistency across government bodies in the application of these duties.

Exemptions from the duty to cooperate

While the duty to cooperate applies to most public authorities, some entities will be exempt from these obligations. This includes courts, tribunals, and the Houses of Parliament, which are independent from the duties imposed on executive and administrative bodies.

Section 75(4) states: 'Subsection (1) does not apply to—(a) a court or tribunal, (b) either House of Parliament, or (c) a person exercising a parliamentary function.'

Data protection in the duty to cooperate

The duty to cooperate outlined in section 75 does not override data protection legislation. Public authorities must ensure that any data shared in the course of fulfilling the duty to cooperate complies with the Data Protection Act 2018, ensuring that privacy laws are respected while still allowing for the flow of necessary information to support Natural England's conservation objectives.

Section 75(5)) states: 'The duty in subsection (1) does not operate to require a disclosure or use of information that would contravene the data protection legislation (but in determining whether a disclosure or use would do so, the duty is to be taken into account).'

Commercial impacts of the duty to cooperate

Developers will need to be prepared for more rigorous planning conditions, as the cooperation required from public authorities may lead to greater scrutiny of development projects to ensure environmental standards are met. This could result in longer approval times, higher compliance costs, and the need to integrate conservation measures into development plans.

Stricter planning and development conditions: developers may face increased planning conditions designed to ensure alignment with environmental goals, which could lead to project delays and increased costs.

Increased project costs: as public authorities help implement conservation measures, developers may be required to undertake additional assessments, mitigation strategies, and ongoing environmental monitoring.

Opportunities for collaboration and compliance: by engaging early with public authorities and Natural England, developers can help ensure that their projects are well-positioned for regulatory approval, which may reduce delays in the long term.

Strategic planning adjustments: the duty to cooperate may influence how developers approach project planning, with greater emphasis on sustainability and compliance with emerging conservation frameworks.

Next steps for public authorities, developers and other stakeholders

While section 75 of the Planning and Infrastructure Bill remains in draft form, the duty to cooperate represents a forward-thinking approach to environmental stewardship.

Public authorities, developers, and other stakeholders will need to adjust their planning processes to align with these evolving responsibilities. By understanding the potential impact of this duty, businesses can better prepare for the integration of environmental conservation into their projects, ensuring both compliance with future regulations and positive contributions to the UK's environmental goals.

For more information please contact our planning and infrastructure consenting team.

Our series on the Planning and Infrastructure Bill

This article is part of our series analysing the Planning and Infrastructure Bill, which marks a major reform aimed at tackling the UK's housing shortage whilst accelerating infrastructure delivery.

Our articles explore how the key changes will affect various operations across the planning sector and highlight important actions and requirements for authorities, developers and stakeholders.