ADEPT The Localism Bill - Highlights

Peter Keith-Lucas Martin Howe Local Government Partners 12th May 2011

The Localism Bill

207 Clauses 24 Schedules 142 powers for the Secretary of State to make subordinate Regulations Royal Assent November 2011 Implementation from April 2012

The Agenda

General Power of Competence Mayors and Committees Predetermination Standards Senior Salaries Repeals Miscellaneous Local Referenda Council Tax and Business Rates Community Right to Provide Services Assets of Community Value Planning Housing London

Topic One The General Power of Competence

General Power of Competence (Cl. 1-9)

A local authority has power to do anything that individuals generally may do Powers of an individual

General Power of Competence (Cl. 1-9)

A local authority has power to do anything that individuals generally may do

Powers of an Authority

General Power of Competence (Cl. 1-9)

A local authority has power to do anything that individuals generally may do Powers of an individual

Powers of an Authority

General Power of Competence (Cl. 1-9)

A local authority has power to do anything that individuals generally may do Powers of an individual New Powers of an Authority

Powers of an Authority

So, what does it mean?

Can be used for Trading even where no economic, social or environmental wellbeing benefit So provides a power to trade in back office goods and services Trading is not limited to public bodies under S. 1 LA (G&S)A 1970, so enables trading with e.g. Academy Schools GPCCs Local authority Section 111 service delivery companies Taking out commercial insurance

But what can natural persons do, which local authorities will now be able to do?

Take stands at party conferences Publish newspapers monthly Sue for defamation Act unreasonably Vote Marry

Topic Two Local Referenda

Local Referenda - At present

A local authority may conduct a local poll to ascertain local views about any matter relating to the authoritys services or The authoritys expenditure, or any other matter which affects the economic, social or environmental well-being of the area Section 116, LGA 2003

Local Referenda
1.

1. 2.

A principal authority (may be applied to Parish Councils) must hold a referendum if it receives a relevant petition signed by 5% of local government electors Can be for whole of an authoritys area or for one or more wards or electoral divisions A principal authority may hold a referendum if it receives a qualifying and appropriate request from Councillors Council can simply resolve to hold a referendum

The Referendum

Must be held within 2 and 12 months of trigger dateIf within 6 months of another local referendum or a local election, hold on that date Local Government electors only Referendum is not binding on the authority, but it must ASARP consider what steps it will take (if any) publish statement of decision and reasons

Referenda on Council Tax Increases

Secretary of State will set principles by which each authority can determine whether its proposed increase in Council Tax or Precept is excessive, and set an alternative notional amount as a comparator. Referendum by billing authority/ies not later than 1st Thursday in May If No vote, substitute calculations on basis of alternative notional amount take effect For precepting authorities, result of referendum is the aggregate of votes in all referenda

Topic Three Taking over Service Provision The Community Right to Challenge

Community Right to Challenge Taking over local services and facilities

A Relevant Body may submit an expression of interest in providing or assisting to provide all or part of a service on behalf of a relevant authority Relevant Body = Voluntary or community body Body or trust for charitable purposes only Parish Council Two or more employees Such other person or body as specified Relevant Service = any service, unless specified provided by or on behalf of a County, District or London Borough Council (may be extended) Voluntary Body = body whose activities are carried out not for profit, or profit is used for voluntary purposes or invested in the community Community Body = body whose activities are carried out primarily for the benefit of the community Relevant body may propose to deliver service as joint venture with partners.

Community right to challenge- what it isnt

A right to deliver the service; A way to deliver the decision making functions of a council; Delivery of a service independently of the relevant authority ( these are not within the definition of relevant services) A way of forcing an authority to continue to provide something which it has decided to stop A way to complain about council decisions A way to get around procurement rules; if an Expression of Interest is accepted the relevant authority has to carry out a procurement exercise

Acceptance / Rejection of Expression of Interest

Secretary or State may specify permitted grounds for rejection In considering Expression of Interest, the authority must consider whether acceptance would promote the social, economic or environmental well-being of the area If it accepts the Expression of Interest, the authority must carry out a procurement exercise for the service, appropriate to nature and value of contract No prohibition on DSO bid The authority, in carrying out the exercise Must consider how it might promote the social, economic or environmental well-being of the area But only so far as consistent with procurement law

Topic Four Land of Community Value The Community Right to Buy

Land of Community Value

Community Interest Group (local connection) or local authority may nominate land as being of community interest Parish Councils and other CIGs Includes land in private ownership (but not residential) Doesnt include any service operating from the land Prescribed criteria as to what constitutes community value Relevant land must be placed on list for 5 years (owner can request internal review by council of decision to place on list; carry out within six weeks)

Land of Community Value

If landowner wants to sell Notify the authority of intention to sell/dispose of land The authority notifies community group and publicises Community group has Interim Window of Opportunity to put forward intention to bid (28 days?); If community group requests treatment as potential bidder full Moratorium of up to 6 months to allow community bid, during which time owner cannot sell or dispose of land After this landowner free to sell to any bidder No requirement to sell at all or at undervalue Local authority liability for compensation to landowner Sales in breach of provisions may be ineffective or set aside; Interference in private property rights ?

Topic Five Planning

Planning

Abolition of Regional Strategies Community Infrastructure Levy CIL regulations may require charging authority to pass a proportion of the levy to other authorities and bodies Proposal that a proportion must be spent in the local community Budget papers - Proposals in The Plan for Growth Prioritise growth and jobs Presumption in favour of sustainable development Land auctions 12 month determination guarantee (including appeals); Pro Growth National Planning Policy Framework Duty to cooperate on planning issues Council tax and NNDR bribes

Neighbourhood Planning
1.

1.

1.

Community Right to Build Order grants planning permission for specific development on a specific site Neighbourhood Development Order Increases permitted development for a defined area Businesses to be able to bring these forward Neighbourhood Development Plan Local Plan for local area Can transfer Development Control responsibility to a Community Organisation Businesses to be able to bring forward neighbourhood plans Each must be Proposed by a Community Organisation ( or business) Subject to 50% approval in local referendum

Consultation before Planning Application (Clause 102)

Development Order may prescribe descriptions of development for which the applicant must consult before submitting a planning application to encourage a locally sensitive, proportionate and intuitive approach Large scale applications; 200+ homes / 10,000 sq m ? Developers must consult communities before submitting certain planning applications, having regard to any advice that their local planning authority may provide. They must consider any responses they receive before they finalise their proposals and submit their applications. When submitting their application they must account for how they have consulted the local community, what comments they have received, and how they have taken those comments into account.

Miscellaneous Planning

Development Order may prescribe descriptions of development for which the applicant must consult before submitting a planning application LPA may decline to determine a retrospective planning application Where unauthorised development is concealed, LPA may apply to Magistrates for 12 months in which to commence enforcement action

Nationally Significant Infrastructure Projects

The Commitment We will abolish the unelected Infrastructure Planning Commission and replace it with an efficient and democratically accountable system that provides a fast-track process for major infrastructure projects. (The Coalition, A Programme for Government)

Nationally Significant Infrastructure Projects

Previously Secretary of State may make National Policy Statements for certain types of infrastructure must lay NPS before Parliament and explain if challenged Requirement for pre-application consultation Infrastructure Planning Commission inspectors conduct planning enquiry on planning proposals Where within NPS, inspectors may grant or refuse planning permission Outside NPS, inspectors recommend to Secretary of State who can make Consent Order (Planning Act 2008)

Nationally Significant Infrastructure Projects

Now Secretary of State may make National Policy Statements for certain types of infrastructure NPS subject to negative resolution in Parliament Requirement for pre-application consultation Infrastructure Planning Commission inspectors TUPE to DCLG and conduct planning enquiry on planning proposals Where within NPS, inspectors may grant or refuse planning permission Outside NPS, inspectors recommend to Secretary of State who can make Consent Order (Clauses 107-118)

Contact Details

Martin Howe Construction Partner Tel 0870 194 8975 Email martin.howe@bevanbrittan.com

Peter Keith-Lucas Local Government Partner Tel 0870 194 1741 Email peter.keith-lucas@bevanbrittan.com

ADEPT The Localism Bill - Highlights

Peter Keith-Lucas Martin Howe Local Government Partners 12th May 2011