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ADEPT
The Localism Bill - Highlights
Peter Keith-Lucas
Martin Howe
Local Government Partners
12th May 2011
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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
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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
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Topic One
The General Power of
Competence
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General Power of Competence (Cl. 1-9)
• “A local authority has power to do anything that individuals
generally may do”
Powers of an individual
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General Power of Competence (Cl. 1-9)
• “A local authority has power to do anything that individuals
generally may do”
Powers of an Authority
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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
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General Power of Competence (Cl. 1-9)
• “A local authority has power to do anything that individualsgenerally may do”
Powers of an individual
Powers of an Authority
New Powers of an
Authority
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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
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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
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Topic TwoLocal Referenda
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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
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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
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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
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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
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Topic Three
Taking over Service Provision
The Community Right to
Challenge
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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.
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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
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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
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Topic Four
Land of Community Value
The Community Right to Buy
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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)
• 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)
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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 ?
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Topic FivePlanning
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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”
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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
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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.
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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
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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)
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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 Statewho can make Consent Order
(Planning Act 2008)
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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 Statewho can make Consent Order
(Clauses 107-118)
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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]