Planning Minister Matthew Pennycook's recent announcement confirming the abolition of the statutory "Duty to Cooperate" (DtC) for Local Plans progressing under the current system marks a significant shift in England's strategic planning landscape. Introduced through the 2011 Localism Act, the DtC has required councils to demonstrate constructive engagement with neighbouring authorities on issues like housing needs and infrastructure but has garnered criticism for stalling numerous plans at examination.

Plans currently being prepared will no longer need to satisfy the DtC at examination, following the government's intention to replace the obligation with a new tier of strategic planning under a revised national planning policy framework which is out for consultation until 10 March 2026. This is to ensure effective co-operation between plan-making authorities, rather than requiring councils to meet the duty. The focus is therefore shifting from the rigid statutory test to a more flexible requirement to "maintain effective cooperation’’ and is therefore likely to be treated more flexibly by inspectors.

A key feature of the ongoing reforms is the introduction of a 30-month preparation period for Local Plans, with the new guidance recently being released for Local Authorities’[1]. The aim is to make the process more predictable and efficient, with each plan expected to move from commencement to adoption within this fixed timeline. This represents a major change from previous plan-making exercises, which often overran due to process issues which included the Duty to Cooperate requirement.

The Government's new guidance under the Levelling Up and Regeneration Act (LURA) streamlines Local Plan making through a structured, digital-first process that mandates firm timescales, early scrutiny, and fewer consultation stages. The stages for preparing Local Plans are as follows:

• ‘Getting Ready’ (pre-Gateway 1): This will comprise the evidence gathering stage and preparation of a draft vision for the area and will need to be subject to consultation before passing Gateway 1. Authorities must also give the Planning Inspectorate (PINS) four months’ notice before passing Gateway 1.
  

   

Gateways 1, 2 and 3 (Months 1 – 24)

• Gateway 1: The 30-month adoption process formally begins when the authority self-certifies it has met entry requirements. Plan production continues. The plan is then consulted on prior to moving to Gateway 2.

• Gateway 2: Submission to PINS for early feedback on soundness and required changes. Plan-making continues, followed by further consultation once amendments are made to rectify issues identified by PINS.

• Gateway 3:The authority finalises the plan and confirms legal compliance and soundness ahead of examination.

• Examination and adoption (months 24 – 29)

• The plan must be adopted by Full Council in month 30.

• The policies map must then be published in month 31.

   

Key Dates and Deadlines

• Switching to the new system: Authorities not submitting a plan under the legacy system by 31 December 2026 must proceed under the new regime.

• ≤80% Standard Method housing plans: Where a plan was submitted before 12 March 2025 and provides 80% or less of Standard Method housing need, the authority must move to the new system, notify PINS by 30 June 2026, and reach Gateway 1 by end-October 2026 (to accommodate the four-month notice).

• Longstop for Gateway 1: Authorities with aged plans proceeding under the new system must pass Gateway 1 by 30 April 2027; where a relatively new plan exists, they must reach Gateway 1 within five years of its adoption.

For developers, housebuilders, landowners, and investors, the removal of the DtC lowers one of the most significant barriers to getting Local Plans adopted, which should improve certainty and potentially speed up the allocation of valuable parcels of land for development. The reform and fixed 30-month window mean Local Plans should progress more quickly, giving greater confidence and certainty in delivery timelines for strategic land and proposals for new development.

JLL's Planning team continues to monitor these reforms and is well placed to advise clients on the evolving legislative landscape and implications for Local Plan preparation. To discuss any of the matters discussed above or any other planning matter, please contact the team.