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Sheila Battersby- Policy Manager (NW) Office for Civil Society
Community Rights and Neighbourhood Planning
July 2012
New Rights for Communities
• Community Right to Challenge
• Community Right to Bid
• Community Right to Build
• Neighbourhood Planning
UNCLASSIFIED
Community Right to Challenge
A right for voluntary and community bodies, charities parish councils and relevant authority employees, to express an interest in running relevant authority services, where they believe they can do so differently and better.
If the expression of interest is accepted, the authority must carry out a procurement exercise for the service.
UNCLASSIFIED
Community Right to ChallengeCurrent Position
• Regulations have been laid and scrutinised in Parliament. The Right came into force on 27 June 2012
• Statutory guidance has been published
• Locality will provide a programme of support for groups to help them to effectively use the Right, compete in procurement exercises and deliver service contracts sustainably.
• Locality will offer guides and toolkits, an advice and information service, and pre-feasibility, feasibility and service delivery grants
UNCLASSIFIED
Bulky Bob’s
Reuses and recycles 70% of furniture and white goods - reduce impact on the environment, saving councils £££ in landfill costs.
Helped over 34,000 low-income families access affordable furniture
Has run training programmes for more than 250 long-term unemployed. Since 2000, 80% of trainees have gone into sustainable employment
Social benefits to the local community 2.5 times the initial investment
A Social enterprise that has contracts with Liverpool City Council and other councils to collect, reuse and recycle bulky household waste. Offers not only efficient waste collection service, but also social, economic and environmental benefits …
Bulky Bob’s
UNCLASSIFIED
How will the Right work?
Relevant services
subject to challenge
Voluntary or Community
Group
Charity
Parish Council
Relevant Authority
Staff
Expression of
Interest
Relevant A
uthority
Accept
Accept with modification
Reject
Relevant authority
undertakes procurement
exercise in line with legal
requirements
No procurement triggered; relevant authority publishes reason for rejection
1 2 3
Time during which expressions of interest,
can be submitted Time for authorities to reach a decision on
expressions of interest
Time between accepting expressions of interest
and starting a procurement exerciseUNCLASSIFIED
Community Right to BidCurrent Position
• The Assets of Community Value Regulations will be introduced later this year. An announcement will be made shortly.
• A non-statutory Advice Note is being prepared for local authorities to help them prepare for commencement of the scheme.
• A support package will be available on commencement of the scheme to assist groups in using these rights.
UNCLASSIFIED
Community Right to Bid
Who can nominate?
• Voluntary and community organisations with a local connection• Parish Councils
Procedure for Listing
• Local authorities are required to publish and maintain a list of assets of community value and a list of unsuccessful nominations and to notify the owner(s), occupier(s) and nominator(s) of changes to the lists.
Review of a Listing Decision and Right of Appeal
• Owner will have a right to request an internal review of a local authority’s decision to list an asset and a further right of appeal if dissatisfied with the outcome of the review.
UNCLASSIFIED
Community Right to Bid The Windows of Opportunity
Moratorium periods
• An interim window of 6 weeks• A full window of 6 months (in total)• A protected period of 18 months (in total)
Relevant Disposal
• Is the sale of the freehold or assignment of a lease granted for 25 years or more with 100% vacant possession
• Does not fall within one of the exemptions• Owner’s notification to the local authority of intention to sell
triggers the interim window
The full window of opportunity can only be triggered by:
• A parish council• A community interest group
UNCLASSIFIED
Community Right to Bid What the provisions do NOT do
The Asset of Community Value provisionsdo NOT…
• Restrict who the owner of a listed asset sells to
• Restrict the price the owner sells at
• Restrict what the owner can do with their property once listed
UNCLASSIFIED
List of Assets of Community Value
List of land nominated by unsuccessful
community nominations
Community Organisation
Neighbourhood Planning Forum
Parish Council
Local Authority decides to list asset
Local Authority asks owner for comment
No objection from owner
Owners objection unsuccessful
Owner’s objection successful
Local Authority decides not to list
asset
Added to list of Community Value
Local Authority publicises and maintains list
UNCLASSIFIED
Owner decides to sell listed asset and informs Local
Authority
LA informs nominator and publicises to community
Window starts when owner tells LA of intention to sellInterim window of opportunity ends
6 w
eeks
Full window of opportunity ends
6 m
on
ths
Owner can sell to community
group
UNCLASSIFIED
Community Right to Build
Community Right to Build gives communities a new way to gainplanning permission for small new developments that they want to see in their area.
Might include homes, shops, businesses or facilities. The benefits of these developments will stay within the community.
Part of neighbourhood planning framework:
• Empowers communities to take control• Community led• Light-touch process• Inspire innovation and creativity• Permissive regime
UNCLASSIFIED
Community Right to BuildCurrent Position
• The Right came into force on 6 April 2012
• Government has launched a fund and support hub to assist communities who wish to use the Community Right to Build
• Fund is worth £17.5m – to meet up to 90% of costs of obtaining a CRtB Order – e.g. to assist with incorporation, preparing a business case, professional fees.
• The Support Hub is provided by Locality – practical advice to community groups, sharing best practice, links to case studies, e-mail and telephone enquiry service.
UNCLASSIFIED
Neighbourhood Planning
• Neighbourhood plans will help local communities play a stronger role in shaping the development of the areas in which they live and work.
• Neighbourhood planning gives the right to parish councils or designated neighbourhood forums to produce a Neighbourhood Plan or Neighbourhood Development Order or both.
• Once a Neighbourhood Plan is brought into force after a referendum it becomes part of the statutory development plan for the local area and is used to decide planning applications in that area.
• A Neighbourhood Development Order will automatically grant planning permission for development proposals which comply with the order.
UNCLASSIFIED
Neighbourhood Planning Current Position
• Regulations came into force in April 2012 that cover the procedural and technical requirements for preparing Neighbourhood Plans, Neighbourhood Development Orders and Community Right to Build Orders.
• Regulations have been laid that set out the procedure for running neighbourhood planning referendums; subject to the Parliamentary timetable we anticipate these will come into force by Summer 2012
• DCLG anticipate Regulations that cover the conduct of referendums in designated business (neighbourhood) areas will be laid in late 2012 / early 2013.
• An introduction to neighbourhood planning and a series of frequently asked questions is available. The need for further guidance is being considered.
• Four support organisations have provided advice and assistance to communities wishing to do neighbourhood planning..
• Over 200 front-runner communities are leading the way in doing neighbourhood planning.
UNCLASSIFIED
The community applies for a neighbourhood area to be designated
Work up details with the community and consult consultees as appropriate
Independent Examination
If no parish or town council, a neighbourhood forum is designated
Local authority checks proposals
Community referendum
Make a plan or order
A simple majority is required here
Opportunity for consultees to provide written representations where major issues not dealt with above
Consultees notified of outcome
Submit proposals to the local authority
The examiner is checking the basic conditions – a plan or order must:
• have an appropriate fit with local and national policy;
• have special regard for listed buildings and conservation areas;
• be compatible with European and equality / human rights obligations
• Contribute to sustainable development
How will the Right work?
For Right to Build the process is instigated by a ‘community organisation’ where the community decides it wants to bring forward specific development proposals for the benefit of the community
The community wants to shape the growth and development of where they live
If there is a parish or town council they take the lead
UNCLASSIFIED
The community applies for a neighbourhood area to be designated
Work up details with the community and consult consultees as appropriate
Independent Examination
If no parish or town council, a neighbourhood forum is designated
Local authority checks proposals
Community referendum
Make a plan or order
Arrange for referendum/s to be held
Send submission and written representations to examiner
Duty to support here e.g. advise on general conformity with strategic policies of Local Plan; when/which consultees to involve; evidence requirements
- Consider examiner’s report - Satisfied proposal meets basic conditions, including EU or can meet conditions with modifications- Agree referendum area
Submit proposals to the local authority
Local authority rolePublicise proposed area for 6 weeks and designate a neighbourhood areaThe community wants to shape the growth and
development of where they livePublicise proposed forum for 6 weeks and make decision on designation
Appoint examiner with consent of community
Checking that group is authorised to act & all required information has been submitted NOT assessing merits of plan / order
Publicise / notify decision
Publicise, including how to make representations
UNCLASSIFIED
Upper Eden, Cumbria
Upper Eden in Cumbria is “the most sparse part of the most sparse district of the country”. The Upper Eden Community Plan Group is an association of 17 parishes and one of the neighbourhood planning front-runners.
The community has submitted an application to Eden District Council to designate its Neighbourhood Area, the first formal step to producing a Neighbourhood Plan.
Monday 28th May 2012 saw the formal launch of 6 weeks of consultation with residents, businesses and others on the draft proposals for the area. These are set out in the revised 2012 Upper Eden Neighbourhood Development Plan (Draft Proposal).
Amongst the areas that the neighbourhood plan is exploring are: how to deliver Broadband Internet Access through planning policy; how to meet local housing needs including housing for the elderly; and exploring opportunities for flexibility in the way housing on farms can be used to allow them to meet the changing circumstances of farms and farming families.
UNCLASSIFIED
Neighbourhood Planning Support
• DCLG is funding four organisations to provide advice and support to community groups who are undertaking neighbourhood planning work. They are: The Prince’s Foundation for Building Community; the RTPI (Planning Aid); Locality and CPRE (working with NALC).
• With the commencement of provisions in the Localism Act that enable the Secretary of State to support communities directly we are considering options for more direct funding to communities.
• We are committed to providing up to £50 million to local councils until March 2015 to make neighbourhood planning a success.
UNCLASSIFIED
Support
CLG has launched a community rights 'micro site' that explains all the new rights introduced in the Localism Act http://communityrights.communities.gov.uk
More information on the services of the 4 neighbourhood planning support organisations can be accessed via the links below.
http://www.rtpi.org.uk/planning-aid/neighbourhood-planning/
http locality.org.uk/projects/building-community :///
http://www.princes-foundation.org/what-we-do/projects/engage/clg-planning-scheme/supporting-communities-and-neighbourhoods-planning
http://www.cpre.org.uk/what-we-do/housing-and-planning/planning/update/item/2691-get-involved-in-planning-your-neighbourhood.
UNCLASSIFIED
Local Intelligence Team , Office of the Civil Society, Cabinet Office
Sheila Battersby
Policy Manager, Local Intelligence Team Office for Civil Society, Cabinet Office
7th Floor, Arndale Tower, Arndale Centre, Manchester M4 3AQ
[email protected] 165088
For more information:
www.cabinetoffice.gov.uk
www.communities.gov.uk
www.number10.gov.uk/take-part/