CLG has confirmed to "Planning" that the duty to cooperate, found in section 110 Localism Act 2011, should not apply retrospectively. As such, those authorities that had already completed the preparation stage and submitted their draft document before the provision came into force (on 15 November 2011), are not bound by the duty.
The position seems logical, as the statutory duty relates to cooperation during the "preparation" of the documents. It will however, concern developers who are worried that this will lead to lower housing figures being adopted in core strategies.
"Planning" comments that there are 21 core strategies (listed), which were submitted before 15 November, therefore will not need to comply with this new duty.