The Localism Bill – What it may mean for Communities in Somerset

Nick Bryant, Strategy Lead, Taunton Deane Borough Council

n.bryant@tauntondeane.gov.uk01823 356482

Introduction

• The context for change

• What this presentation will and won’t cover

• New rights and powers for communities

• Neighbourhood Plans

• Conclusions…

The context for change (1)

• A perception that central government has ‘hoarded’ and ‘concentrated’ power

• Centrally imposed targets and bureaucracy has disenfranchised many communities

• Local people can hold services and institutions to account more effectively than Whitehall

• Devolving responsibility presents opportunity for innovation and delivering services more effectively and at reduced cost

The context for change (2)

The ethos…Doing everything at the lowest possible level and

only involving central government if absolutely necessary

The plan…Give power to individuals, professionals,

communities and local institutions

What is being strived for…“A society where people, neighbourhoods and

communities have more power and responsibility and use it to create better services and

outcomes.”

DECENTRALISATION

LOCALISM

BIG SOCIETY

The context for change (3)

• These principles are all wrapped up in the Localism Bill published in December 2010

• Document now making its way through statutory process

• Indications that will be enacted Autumn 2011 and come into effect from January 2012

What this presentation will and won’t cover• Bill consists of two volumes, Clauses and Schedules to

the Bill

• Together they run to hundreds of pages

• Presentation focuses on ‘new rights and powers for communities’ whilst also summarising planning reform

• Other sections cover: ‘new freedoms and flexibility for local government and town and parish councils’ (e.g. predetermination / abolition of standards board) and reforms to housing.

New rights and powers for communitiesCommunity right to challenge – • Provides an alternative means of service provision

• Expression of interest from ‘relevant body’ (community group, charity, parish council, etc) to run services provided by LA

• Where rejected, LA will be obliged to say why!

• Acceptable proposals should demonstrate improvements to environmental, social and economic well-being and compliance with procurement procedures.

New rights and powers for communities

Community right to challenge issues for town and parish councils:

• Capacity and capability to bid and take on services / responsibility

• Legal issues e.g. Data Protection Act and other legislation

• Providing appropriate accountability, ensuring the views of all the community are represented.

New rights and powers for communitiesCommunity Right to Bid –• LA’s required to produce list of assets of ‘community

value’ and criteria for identification

• Others can nominate further assets for inclusion

• Items placed on the Register are then afforded protection (potentially enshrined through planning policy?)

• List is subject to review, but in disposing of assets first refusal goes to community groups

New rights and powers for communities

Community Right to Bid issues for town and parish councils –

• Opportunity to identify what is really of value to communities (and potentially protect, preserve, enhance)

• Will LA share view of what’s important to individual communities?

• Can communities realistically be in a position to take on such assets?

• Could potentially stifle economic / housing growth

New rights and powers for communities

Local Referendums – • Can be initiated where there is a challenge to any

decision proposed by LA around ‘local matters’

• May be brought by petition or by one or more elected members or LAs themselves

• All those eligible to vote will be invited to respond

• Any decision made following referendum will need to be justified

New rights and powers for communitiesLocal Referendums issues for town and parish councils –• When is it appropriate to initiate a referendum?

• Could result in any decision being challenged since guidelines are so broad

• Is it fair? Only those on electoral roll can vote, not children and young people, gypsy and travellers, employers and businesses etc.

• Will it change anything (depends on attitude of LA)

• Huge cost and resource implications for LA potentially

Planning Reform• Abolition of Regional Spatial Strategies

• Consultation requirements on large applications

• Strengthened enforcement rules

• Reforms to Community Infrastructure Levy

• Reforms to way plans are made

• Duty to co-operate

• Nationally significant infrastructure projects

• And…

Planning Reform (2)

Most notable changes around new tier of neighbourhood planning…

• Neighbourhood Plans will form part of statutory development plan and sit underneath local plan policy

• Documents should recognise:o Strategic context of local plano New National Planning Framework (and other

national guidance)o ‘new’ presumption in favour of sustainable

developmento European Directiveso National and International designationso Neighbouring Neighbourhood Plans

Planning Reform (3)

• Neighbourhood Plans will need to demonstrate local support through referendum majority and pass independent examination

• LPAs duty to provide support to neighbourhoods preparing plans (technical and facilitative?)

• LPAs foot the bill for examination and referendum costs (some Central Govt funding available)

• Neighbourhood Development Orders give opportunity to automatically grant consent for certain development – complementary to Neighbourhood Plans??

Planning Reform (4)Neighbourhood Plans issues for town and parish councils – • Defining a neighbourhood, easier in some places than

others!

• Tension between localism and growth agendas…

• Potentially huge resource implications, not just for LPAs

• Achieving sufficient technical input

• LPA still competent or liable authority

Planning Reform (5)

Neighbourhood Plans issues for town and parish councils (cont-d) –

• Real opportunity for active communities to prescribe greater level of detail in plan-making

• Chance for communities to make the case for growth and investment

• Similar accountability issues as apply to referendums

Conclusions• Plenty of opportunity for individuals and community groups to

engage and become involved in decision-making / service provision

• Town and Parish Councils should be at the forefront of many of the proposed changes – link between LA and community?

• Question mark as to how much more prescriptive the Act and accompanying guidance will be

• Lack of detail, threat or opportunity

• Issues of transparency and accountability will remain

• Huge resource and time implications for LAs (within context of cuts)

• How do we build capacity in communities???