Localism Community Rights in Practice

1. Localism Community Rights in Practice Greg Davies greg@devonrcc.org.uk

2. 4 New Community Rights

3. Community Right to Bid 1 Otherwise known as: Assets of Community Value Designed to give communities the opportunity to buy buildings or land that has value to the community But it is not a Community Right to Buy

4. Community Right to Bid • Introduced in the Localism Act 2011 • Implementation 20/09/2012 • These Assets might currently be owned by: • your local authority • another public body • a private company • an individual. village shops Swimming pools Pubs Open spaces Former schools

5. Community Right to Bid The Ivy House Pub In April 2012 Enterprise Inns, announced it was selling the pub. In October 2012 The Ivy House was sold at auction to a businessman, who then put it back on the market for offers in the region of £750,000. The local community managed to get the Ivy House listed as an asset of community value, in the nick of time to prevent it going back to auction

6. Community Right to Bid – How it works • A local authority maintains a list of land of community value : • the ‘register of assets of community value’ • A Parish Council or local Voluntary Group nominates public / private land or buildings to be added to the register • Where a current or recent use of the building or land • furthers the social wellbeing orsocial interests • of the local community recreational interests sporting interests cultural interests

7. Community Right to Bid Window of opportunity starts when owner informs local authority of intention to sell Owner decides to sell and informs local authority LA informs nominator and publicises to community Interim window of opportunity ends after 6 weeks 6 weeks Community group expresses interest in bidding 6 months No community group expresses an interest Community group prepares business case and finance Owner free to sell after interim window closes Full window of opportunity ends after 6 months Owner can sell to whoever they choose

8. Community Right to Bid - Grants Community Ownership and Management of Assets Grants Pre-feasibility grants for amounts up to £10,000 for organisations to build their internal capacity to prepare a bid to buy land and buildings of community value. Feasibility grants mixed capital and revenue for amounts of up to £100,000 to develop investment proposals and carry out feasibility studies to take ownership of assets (land and buildings) of community value.  Social Investment Business website http://www.thesocialinvestmentbusiness.org/our-funds/communityrights/criteria/ - c3699

9. Community Right to Challenge 2 • Part of the Localism Act 2011 • Came into effect in June 2012. • It enables communities to challenge to take over local services that they think they can run differently and better. • It does not give communities the right to deliver the services!

10. Community Right to Challenge • It applies to services currently run by: • County councils • District councils • London borough councils • Fire and rescue authorities • Who can use the Community Right to Challenge?: • Two or more employees of the relevant authority • Voluntary and community bodies • Charities • Parish / Town councils

11. Community Right to Challenge Ventnor Town Council Ventnor Town Council is exploring the potential to take over responsibility for car parks from the Isle of Wight Council and plans to use the Community Right to Challenge. Ventnor Town Council received a grant (through My Community Rights) of £9k and commissioned Parkspace Consulting to analyse the problems and make recommendations.

12. Community Right to Challenge • All relevant authorities must consider expressions of interest. • All services provided by, or on behalf of, a relevant authority are up for grabs • Authorities may specify periods during which expressions of interest may be submitted otherwise they can be submitted at any time. • When an authority accepts an expression of interest it must carry out a procurement exercise.

13. Community Right to Challenge Relevant Authority

14. Community Right to Challenge - Grants Community Right to Challenge Grants Pre-feasibility grants for amounts of up to £10,000 for organisations to build capacity to help them compete to deliver services. Feasibility grants for up to £100,000 to support organisations in preparation for competing in procurement bids Service delivery grants A small number of grants, not available by open application. Relevant bodies will be invited to apply against a set of published criteria Social Investment Business website http://www.thesocialinvestmentbusiness.org/our-funds/communityrights/criteria/ - c3699

15. Neighbourhood Planning 3 • A concept that is contained within the Localism Act 2011 • Implemented April 2012 • Designed to return power to local people on planning decisions in contrast to the top-down strategies scrapped by the Government” • DCLG press release 31/8/11 • First completed NP March 7th 2013!

16. Key Aspects of a Neighbourhood Plan • Created through a community led process • Identify what development is required (housing, shops, community facilities, business, infrastructure) • Design, density and affordable housing • Location of development • Protection / creation of open spaces (allotments, playing fields … ) • Promotion of renewable energy (solar, wind etc.) • A positive commitment to development, not a nimby charter

17. Neighbourhood Planning Process Agree the area Establish a Forum (only in un-parished areas) Community consultation Plan development Submit draft to Local Authority Independent examination Referendum Acceptance as an NDP or NDO

18. Neighbourhood Planning • Neighbourhood Planning is a Community Right • Local Planning Authorities have a duty to support • Local Planning Authorities specific role • They are required to cooperate with the preparation of the Plan • They appoint and pay for the independent examiner. • They arrange and pay for a referendum • Neighbourhood Plans will have Statutory Weight • If the referendum is positive they ARE adopted • Neighbourhood Plans will become planning policy documents

19. Neighbourhood Planning Latest • Dawlish – First to reach Independent Examination • Upper Eden – First to be the subject of a Referendum • Exeter St James – First Neighbourhood Forum to reach Independent Examination • Thame – Latest to pass the Examination

20. Neighbourhood Planning Support • Support • Front Runner Programme - 234 • Supporting Communities and Neighbourhoods in Planning • CPRE / NALC • Locality • Princes Foundation • RTPI (Planning Aid England) • Locality will be providing the on-going support from 1/04/2013 • Grants • Up to £30,000 for Councils to help them support and advise groups and to pay for the examination and referendum. • Up to £7000 for Parish Councils / Neighbourhood Forums from 1/04/2013

21. Community Right to Build 4 What is it? Neighbourhood Planning allows local areas to establish general planning policies for their neighbourhood Community Right to Build Order allows small specific local development to go ahead without planning permission.

22. Community Right to Build • Will be a benefit to community groups who have a specific development in mind • Groups can ensure affordable housing remains affordable in perpetuity • Development can be located in the Green Belt • The benefits (any profits generated) managed by a community organisation on behalf of the whole community. • Only for small scale developments • Proposals that require an Environmental Impact Assessment or have significant impacts in terms of Habitats Regulations are not eligible

23. Community Right to Build • Communities will be able to build: • family homes to sell on the open market • affordable housing for rent or to convert disused farm buildings into affordable homes • sheltered housing for elderly local residents • low cost starter homes for young local families struggling to get on the housing ladder • Facilities: a new community centre ; a children’s playground • It depends entirely what local people decide their community needs.

24. Community Right to Build - Process • Same as a Neighbourhood Plan • Independent Examination • Referendum • Who can do it? • Parish/Town Council • community organisations in which local people have a majority of the voting rights and include people from at least 10 different addresses within the area. • community organisation must be established for the express purpose of furthering the social, economic and environmental well-being of people living in the area

25. Community Right to Build - Grants • Government Grants are available to groups • No set amount - only ask for the minimum level of funding required • not restricted to housing - can be used for schemes that provide shops, businesses , a village hall or a community centre • Community contribution 10% • Locality are providing support hub services • http://www.homesandcommunities.co.uk/community-right-to-build -

26. Other useful websites The Localism Act 2011 http://www.legislation.gov.uk/ukpga/2011/20/contents/enacted - Plain English Guide http://www.communities.gov.uk/publications/localgovernment/localismplainenglishupdate - Community Rights websites for more information about the new rights http://mycommunityrights.org.uk/ - http://www.communities.gov.uk/communities/communityrights/ - Practical help and guidance to use the Community Rights http://mycommunityrights.org.uk/ - Assets of Community Value Regulations http://www.legislation.gov.uk/ukdsi/2012/9780111525791/contents - Community Right to Challenge Statutory Guidance http://www.communities.gov.uk/publications/communities/righttochallengestatguide - Community Right to Challenge Regulations http://www.legislation.gov.uk/uksi/2012/1313/made - Neighbourhood Planning (and other planning matters) – Practical help http://www.planninghelp.org.uk/ - Neighbourhood Planning Regulations http://www.legislation.gov.uk/uksi/2012/637/contents/made -