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Localism Act Published Dec 2010, enacted 15 th Nov 2011 . Rother DC & Rother RVA Localism Workshop 30 th January 2012. Localism Act. The Bill received Royal Assent on 15 th November It is expected that it will take full effect from 1 st April 2012
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Localism ActPublished Dec 2010, enacted 15th Nov 2011 Rother DC & Rother RVA Localism Workshop 30th January 2012
Localism Act • The Bill received Royal Assent on 15th November • It is expected that it will take full effect from 1st April 2012 • Detailed regulations affecting implementation the various parts of the Act will be made by Order of the Secretary of State over the next few months
Points of interest to communities & local councils • General Power of Competence • Abolition of the Standards Board • Community right to challenge • Community right to buy • Local referendums • Right to veto excessive council tax rises • Neighbourhood planning • Community right to build
Abolition of Standards Board • Standards for England [ formerly SBE ] has been abolished • Nolan principles & standards in public life still exist • Policing and enforcement of Code of Conduct will rest with District Council & at least one independent person must be appointed to investigate and consider allegations. Views of this person will be sought by the DC before it makes a decision. • There will be no power of sanction only the ability to censure. • New criminal offence will exist relating to allegations of serious transgression by a councillor
Neighbourhood Planning • Neighbourhood Plans will be statutory • Community Led Plans – eg Village Action Plans are non-statutory • NPs provide an opportunity for CLPs to formally link to statutory spatial planning • Think of NPs as mini local plans operating at parish and neighbourhood level – potentially very labour intensive for the local planning authority.
How is the N.P. prepared ? • Instigated by parish council or neighbourhood forum • Plan prepared by local community - DC must provide support & advice • Extensive community engagement / consultation • Considered by independent examiner – looks at fit with DC‘s local development plan, national policy & alignment with neighbouring plans leading to non binding report • Proceed to referendum, simple majority in favour leads to adoption by local planning authority [ DC ] • Consultation on N.P. Regulations published 13th October ends 5th January - currently being evaluated
Front Runners [vanguard sites] • Govt. grant of £20,000 awarded to 87 towns and parishes in first tranche and 36 in second tranche; third tranche bidding ended 4th Nov. Bid is submitted by District Council and grant administered by DC • In Sussex we have Ringmer [ Lewes DC ] and Arundel [ Arun DC ] in first tranche • Cuckfield [ Mid Sx DC ], Angmering [ Arun DC] & a 6 council consortium in Arun awarded in second tranche
Conflicting messages ? • Govt. Ministers speak of handing power back to communities ….to decide vision for their areas as they see fit, localism in action. For residents to have a greater say over the ‘look and feel’ of their neighbourhoods. Return power to local people. • Is the hype matched by the reality, does it cultivate confusion ? • Neighbourhood plans v District Council’s LDF – if there is conflict over housing numbers LDF will prevail
Community Right to Build • Not just about housing – about meeting a range of infrastructure needs identified within the community for which Community Led Planning is ideally suited. • Requires a Neighbourhood Development Order to be made by DC • Potentially divisive within communities unless handled in a realistic manner. • Will require a clear majority of those voting in a referendum of electors within the Parish [ Act does not specify a minimum number voting ]
Right to veto excessive Council Tax increases • At town and parish level there are 8,500 councils in England. • 70 of these have budgets greater that £1m • 200 have budgets greater than £200k • Act applies to a principal authority exceeding 3.5% council tax increase but does no apply to any town or parish council in 2012/13
General Power of Competence • Provides ability for a local authority to act in the best interests of the community without specific legislation. • No action, save tax raising will be outside the scope, unless the action is specifically prohibited by law. • It turns the principle of Ultra Vires on its head.
Community Right to Challenge • Community & voluntary groups, parish / town councils and employees will have the power to challenge and take over a local service. • Principal authorities must respond to the challenge and consider the positive impact this could have on the community. • If proposal turned down, principal auth must publish reasons.
Community Right to Buy • Local groups will have the legal right to nominate ‘community assets’ including shops, pubs,land, libraries & leisure centres to be recorded on the District Council’s list. • If a listed asset goes on the open market its sale will be delayed to give that community the opportunity to prepare its business plan, secure funding and bid. • Such assets should be identified & flagged up in any Village Action Plan review.
Community Action Pilots, [formerly known as Community Directed Support] Opportunities within the framework of Localism
West Sussex County Council’s plan • Within 2 years to have 15 ‘clusters’ of communities and parishes delivering WSCC services in different ways • Established 4 pilot clusters to test the practicalities • Evolving arrangement, WSCC open to ideas and suggestions from others • Partnership of WSCC, SALC & AirS to support the clusters
The pilot clusters • Coastal – actively comprising Angmering Littlehampton, East Preston & Rustington • Southwater hub – also includes Nuthurst, Shipley, West Grinstead, Broadbridge Heath, Lower Beeding & Slinfold • Chichester hub – includes the City Council plus 15 small parishes • Midhurst hub – initially focussing on a single issue in Midhurst
What sort of services are being discussed ? • Libraries – attractive to Southwater and Angmering where it is believed the service could be preserved, managed and delivered more effectively locally. • Minor highway maintenance – based on the established Burgess Hill cluster approach and of interest to the Coastal group. • Youth service – piloting the idea of provision being maintained and managed locally. • Community transport schemes and rural bus services
What to do next • If this has stimulated ideas for your community you should speak to Duncan Barratt Head of Community Development & Big Society West Sussex County Council duncan.barratt@westsussex.gov.uk