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Pratical uses for the Localism Act
- 1. Supporting Communities … Rural Advocacy… Developing Solutions Practical uses for the localism act
- 2. How COULD the localism act be used…. • Significant secondary legislation • Likely to be a process of challenge, revisions and case • We don’t know the small print
- 3. Not how SHOULD the localism act be used…. • Potential wide impacts on sections of community • Large focus on development which is always a controversial issue • Must find ways to coming to a community view
- 4. Ideas to stimulate discussion and debate
- 5. 60 second rights… • Neighbourhood Planning • Spatial plan for local area • Shape not preventing • Must not conflict with strategic policies
- 6. Assets of Community Value • Formally right to buy • Simply allows a community, group or individual to ‘list’ a site which they consider to be delivering a valuable service or public facility. • Local authorities keep the list • Owner must notify if want to sell • Moratorium period
- 7. Right to Build • Community Right to Build Order • Like Neighbourhood plans but site specific
- 8. Right to Challenge • Expression of interest to run a relevant authority service • Must be considered • Can only reject on – Capability – Unacceptable service (already tendered, closing, would breech a duty) – Administrative (not complete, not right period) • If accepted trigger a procurement exercise
- 9. Affordable housing • The scenario • There is a need for affordable housing – Keep the community diverse – Allow people to stay locally – Provide employees for local businesses and services • Looking for affordable housing development either through RSLs or a local CLT scheme
- 10. Affordable Housing • Possibly most obvious • Neighbourhood plan – Shape overall additional development • Right to Build – Site specific • Two main challenges – Land available and suitable – Development finance
- 11. Affordable Housing • Remember exceptions sites 99% likely to still exist • Also National Planning Policy repeals PPS3 • Opportunity for housing cross-subsidy • Controversial • Could cause problems- land value • Where affordable housing led • Also remember existing stock or potential buildings… – Use rights to change usage?
- 12. Run a shop/pub • The shop/pub is shutting/shut • The community is looking to run a facility itself
- 13. Run a shop/pub • Asset of community value • Can register the asset • Doesn’t give you the cash or compel the sale to the community • Could damage the business • Would let you know what’s going on except…. – Asset disposal not stopping trading • Intended for current not future or potential usage • But…
- 14. Run a shop/pub • Right to challenge – help develop extra income streams building on community infrastructure to provide extra value • Right to build/neighbourhood plan – help designate a suitable site either directly or as part of an approach to stimulating local enterprise
- 15. Take on the grass cutting • There is a service that you are providing locally • There is a service the local authority is running locally • They are similar and you think it would be better if all aspects were managed locally • Most frequent example is some form of grounds maintenance
- 16. Take on the grass cutting • Right to Challenge • Probably looking to take on part of the service geographically limited • Is it already contracted out? • Requires to review expression of interest • Doesn’t specify the tendering structure/process • Better to discuss with local authority- carrot and stick
- 17. Develop Village Hall, Play area • The scenario • The community wants to develop some of their physical infrastructure • Could be an adaptation • Could be a new build/replacement
- 18. Develop the Village Hall, Play area • Right to build – to be able to use land for a facility directly or build on the land by means of subsidy • Last round of community buildings projects majority used own money from land or housing sales to part fund – Helped finances – Helped grant applications by showing secured income
- 19. Develop the Village Hall, Play area • Unlikely assets of community value will help – No cash – Existing or current usage • Could factor right to challenge into overall business planning – Use facilities to add value – Individually but also as a network – Discussion is probably the best first step
- 20. Increase Service Provision • The scenario • Service access issues are one of the biggest community concerns • Could be looking at a community service • Provision of a public sector service • Melding of the two
- 21. Increase Service Provision • Right to build/neighbourhood plan – Help designate infrastructure – Part of a discussion around CIL and New Homes bonus (not just capital) – Influencing and balancing benefits and challenges
- 22. Increase Service Provision • Right to challenge • Could provide the service better – Quality consideration; extend hours, different approach etc • Develop to cross-subsidise – Could be in terms of surplus cash or assets – E.g. minibus does contract work in morning social work in afternoon • Building a hub model – Viability through running 10 services • May demonstrate extra value – Can help tendering
- 23. Final thoughts… • Opportunities but also challenges • Will need to see the detail • Think creatively • Think about direct and indirect usage • Think about process costs • Remember existing structures • Discuss first • Be prepared to negotiate
- 24. Over to you… • We see certain patterns to why community activity starts…not exhaustive • The strengths (orange post it's) • The risks/challenges (pink post it's) • About how we stimulate more community activity? (yellow post it’s) • How we make this community activity more sustainable? (green post it’s) • Collect them up and put them on the walls • Opportunity to discuss but please do write things down
Editor's Notes
- In addition to specifying locations for housing, it could, for instance, tackle improving roads, footpaths and cycleway networks, specify design and density of housing and safeguard sites from development that are valued as open space. must not conflict with the strategic policies in the existing Local Plan. It is about shaping the details of development already agreed in the local plan for the area, not preventing it must conform to the overall principles in the new National Planning Policy Framework which is not yet published, although early thinking on this is available must pass the test of local support via a referendum, on a simple majority vote
- Right to Buy, the Assets of Community Value 1 proposal simply allows a community, group or individual to ‘list’ a site which they consider to be delivering a valuable service or public facility. This does not give the community the presumption of first refusal to buy the site if it comes up for sale, nor any moves towards compulsory purchase. However, ‘listing’ delays any possibility of immediate disposal of the site which may prevent a community acquiring it. The local authority is required to hold a list of assets nominated by the community where an application to list has gone through the process prescribed in the Bill. If the owner wishes to dispose of the asset, they must inform the local authority and a moratorium period is then imposed during which the community has the chance to mount a proposal to the owner to purchase the site. However, government also proposes that the legislation is framed only to deal with the ‘community value’ being related to a current or former use. It is not intending to consider assets which the community wishes to acquire because of a potential use as community facilities or for public use in the future.
- 1 will allow a local community group to bring forward a small development for one or more purposes, including new homes, businesses and community facilities, but it must be small scale in comparison to the size of settlement. The Bill requires that a community organisation (existing or new) takes on this role but its constitution and purpose must relate to furthering the social, economic and environmental well-being of residents in the area in which the site is located, which must be stated in the application. The community can work with partners or go it alone by setting up, for instance, a Community Land Trust. Further regulations may be prescribed at a later date concerning the constitution of the group, disposal of assets and distribution of any profits should the community take ownership of the site. A Right to Build Order requires a test of community support the threshold for which is now 50% of the vote of the electorate in the area, rather than the much higher threshold originally announced for Local Housing Trusts. The designation of a Right to Build site is through a Neighbourhood Development Order, using a process similar to that which is required for adoption of a neighbourhood development stemming from a Neighbourhood Plan, but with some important differences.
- Requires a relevant authority to consider how the Expression of Interest and procurement exercise relating to the provision of the service might promote/ improve the social, economic or environmental well-being of the authority’s area. 7. Requires an authority to carry out a procurement exercise relating to the provision of the service on behalf of the relevant authority, in line with relevant legal requirements, where they accept an Expression of Interest. Can only reject on Cabability Unnacatble service s( already tendered, closing, would breech a duty) Administartive ( If accepted trigger a procuremnet excersie
- Mrs temples cheeses