Localism Masterclass – South Staffordshire Partnership

Councillor Neil Clarke, Leader, Rushcliffe Borough Council.

Chairman, District Councils’ Network, LGA

30th November 2012 www.local.gov.uk

Localism Act

• Act came into force November 2011. • The aim was to ‘shift power from central

government back into the hands of individuals, communities and councils’ (DCLG 2011).

Key measures: • General Power of Competence • Community rights - the right to challenge,

right to bid, right to build. • Neighbourhood Planning

General Power of Competence

• GPC gives local authorities the same power to act as an individual has; offering councils, including parish councils, the opportunity to increase confidence, enable innovation and unlock creativity.

• Opportunity for councils to work in new ways to improve local services and drive down costs.

• Gives councils the freedom to act to benefit their area and residents, but also the authority itself. Opportunities may arise through trading and charging.

• Usage of GPC currently appears minimal but may provide leverage for councils to be more innovative and entrepreneurial.

Community Right to Challenge

• Came into force June 2012 - it gives community groups, parish councils and principal authority employees the right to submit an ‘expression of interest’ (EOI) in running a local authority service.

• The principal authority must consider and respond to the challenge.• If a principal authority accepts the challenge they must run a procurement

exercise in which organisations can bid to take over the running of the service.

Implications: • Principal authorities need to have clear EOI processes in place• Need to ensure that the right is not the only pathway for communities to

engage with councils to shape and deliver services • Groups may not win the subsequent procurement exercise as other

interested parties, including private companies, may submit stronger bids.

Community Right to Bid

• Came into force Sept 2012. Voluntary organisations and parish councils can nominate an asset (land, building) to be included on list of ‘assets of community value’. List maintained by principal authority.

• Once on list a six month moratorium period will be triggered during which the asset cannot be sold. Period gives parties time to develop proposal and raise capital for the property.

• Important to engage all local partners in mapping assets and make as much data as possible available about assets.

• Some issues of process to be clarified, i.e; compensation to owners and insurance liability.

Community right to build

• Community Right to Build allows local communities to undertake small-scale, site-specific, community-led developments.

• The new powers give communities the freedom to build new homes, shops, businesses or facilities where they want them, without going through the normal planning application process.

• To get the go-ahead, the proposals must:– have the agreement of more than 50% of local people that vote

through a community referendum – meet some minimum requirements (for example, they should generally

be in line with national planning policies and strategic elements of the local plan)

Neighbourhood planning

• Parish/town councils and neighbourhood forums can prepare a neighbourhood plan.

• A new duty to provide support to develop the neighbourhood plan.

• Subject to examination and a referendum Implications: • Need to balance championing ones area within the context of

the authority’s strategic needs and plans. • Principal authorities can help promote the plan with the wider

community and local areas, involve businesses to promote and deliver new development to meet community ambitions.

• Neighbourhood planning is not the only tool in the tool box.

Some other issues

• Abolition of the Standards Board

• Pre-determination

• Local Referendums

• Consultation Requirements – Developers– Consult with communities– Consider the communities’ views– Account for the proposals made

Questions?