ADEPT Localism Bill Slides_1

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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





generally may do”

Powers of an Authority





generally may do”






• “A local authority has power to do anything that individualsgenerally may do”



New Powers of an

Authority



So, what does it mean?

Can be used for –

• “Trading” even where no economic, social or environmental well-

being 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 TwoLocal Referenda



Local Referenda - At present

• A local authority may conduct a local poll to ascertain local views

about any matter relating to –•the authority’s services or •The authority’s expenditure, or

•any other matter which affects the economic, social or environmental well-being of the area

Section 116, LGA 2003



Local Referenda

1. 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 authority’s area or for one or more

wards or electoral divisions

1. A principal authority may hold a referendum if it receives a

qualifying and appropriate request from Councillors

2. Council can simply resolve to hold a referendum



The Referendum

• Must be held within 2 and 12 months of “trigger date”-

• If 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 theaggregate 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

isn’t…

• 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




• 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)

• Doesn’t 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)




• 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 FivePlanning



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. Community Right to Build Order •grants planning permission for specific development on a

specific site

1. Neighbourhood Development Order •Increases “permitted development” for a defined area

•Businesses to be able to bring these forward1. 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 planningapplications, 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)




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 Statewho can make Consent Order

(Planning Act 2008)




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 Statewho can make Consent Order

(Clauses 107-118)



Contact Details

• Martin Howe – Construction Partner •Tel – 0870 194 8975•Email – [email protected]

• Peter Keith-Lucas – Local Government Partner •Tel – 0870 194 1741•Email – [email protected]



ADEPT

The Localism Bill - Highlights

Peter Keith-Lucas

Martin Howe

Local Government Partners

12th May 2011

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