Block 2 – Local Government

Part 1 – Local Government

Chapter 5 (Governance)

Chapter 7 (Standards) and

Chapter 8 (Pay Accountability)

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Governance

• Chapter 5 of Part 1 of LA 2011

• Sections 21 to 24; Schedules 2 and 3.

• Schedule 2 inserts new Part 1A into Local Government Act 2000

• New Part 1A consists of sections 9B to 9R

2

Governance

Forms of governance –

1.Executive arrangements

2.Committee system and

3.Prescribed arrangements

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Governance

(1) Executive Arrangements

Must be either –

•directly elected mayor with 2 or more councillors appointed to executive by mayor OR

•executive leader, elected by full council, with 2 or more councillors appointed to the executive by the leader

•(S.9C of 2000 Act)

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Governance

(1) Executive Arrangements•SoS may make regulations to specify those executive functions which –

•may, but need not, be the responsibility of the executive, and

•those functions which must not be the responsibility of the executive

•(S. 9D of the 2000 Act)5

Governance

(1) Executive Arrangements

Duty to set up Overview & Scrutiny Committees.

These will have powers to – •Make reports and recommendations •Require unimplemented decisions to be reconsidered and decisions to be reviewed•Appoint sub-committees•Require officers and members to appear before it•Co-opt non-members of authority•NB – the “Scrutiny Officer” (s. 9FB of 2000 Act)

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Governance(1) Executive Arrangements

Elected mayor – •Someone elected to that post by local government electors in the authority’s area•not a member or councillor of a local authority•Election to take place on same day as council elections•4 year terms•(S. 9H of 2000 Act)

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Governance

(1) Executive Arrangements

Leader and Cabinet Executives arrangements –

•Must include provision with respect to the election of the executive leader and

•May include provision with respect to the term of office of the executive leader.

•(S.9I of the 2000 Act)

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Governance

(2) The Committee System

•SoS has power to impose a structure on system by specifying which functions can and cannot be delegated

•An authority operating a Committee system may appoint an Overview and Scrutiny Committee

•(Section 9JA of the 2000 Act).

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Governance

(3) Prescribed arrangements

Arrangements prescribed in SoS’s (under s. 9BA).•SoS must have regard to proposals received from LA when considering whether or how to make regulations

LA can suggest proposal asking SoS to make regulations provided – •The proposals are an improvement•Likely decision would be taken efficiently, transparently and accountably, and•Suitable for all local authorities, or for a particular description of authority

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GovernanceChanging governance arrangements•Power to change or vary

•Requirement for resolution

•Restrictions on changes: the 5 year rule

•Requirement for referendum (in some cases)

•SoS’s power to require referendum

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Standards

• Chapter 7 of Part 1 of LA 2011

• Sections 26 to 35 of LA 2011

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Standards

Amendments of existing provisions (s. 26 LA 2011)

•The Current regime

•Reasons for amendments

•Effects of amendments

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Standards

A Plain English guide to the Localism Act 2011 (DCLG, November 2011) states

“[The current system] of safeguards is ineffective. It is too easy for people to put forward ill-founded complaints about councillors’ conduct. Lengthy debates about petty complaints or deliberately harmful accusations can undermine people’s faith in local democracy and put them off standing for public office.

Through the Localism Act, the Government has abolished the Standards Board regime. Instead, local authorities will draw up their own codes, and it will become a criminal offence for councillors to deliberately withhold or misrepresent a financial interest. This means that councils will not have to spend time and money investigating trivial complaints, while councillors involved in corruption and misconduct will face appropriately serious sanctions. This provides a more effective safeguard against unacceptable behaviour”.

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StandardsThe new regime

•Duty to promote and maintain high standards of conduct (s. 27 LA 2011)

•Requirement of code of conduct (s. 28 LA 2011)

•Register of interests (s. 29 LA 2011)

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Standards

Pecuniary interests

•What are they ? (s. 30 LA 2011)•Duty to disclose (s. 31 LA 2011)•Requirement to register•Stay or leave room when interest debated?•NB – relationship with “sensitive interests” (s. 32)•Dispensation from s. 31 (s. 33 LA 2011)•Offences

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Pay Accountability

• Chapter 8 of Part 1 of LA 2011

• Sections 38 to 42

• Came into force on 15th January 2012

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Pay Accountability

Pay policy statements•Requirement on LA to prepare “pay policy statement” every year (s. 38 LA 2011)

Sets out –•the remuneration of its chief officers,•the remuneration of its lowest-paid employees, and•the relationship between—

(i) the remuneration of its chief officers, and

(ii) the remuneration of its employees who are not chief officers.

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Pay Accountability

Pay policy statements

•Approval by resolution•Amendment of statement•Publication of statement (s. 39 LA 2011)•DCLG guidance on large salary packages

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Block 3

Contents

•Planning (Part 6 of LA 2011)

•Local Government (Part 1, Chapter 6)

•London (Part 3, Chapters 1 and 3)

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Planning

• The Duty to Co-operate

• Neighbourhood planning

• Abolition of the IPC

• Changes to the enforcement regime

21

Planning

Duty to co-operate (s. 110 LA 2011)

•Duty on LAs authorities and other bodies to co-operate with each other•Bodies to be defined in regulations

•Consider joint planning approaches / joint local development documents

•Impact on examination of development plan documents

22

Planning

Neighbourhood Planning (Chapter 3 of Part 6) (s. 116 and Schedules 9,10 and 11)

Background –

•determinations of planning applications and

•abolition of regional planning tier

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Planning

Neighbourhood Planning (Chapter 3 of Part 6)

•Neighbourhood Development Plans

•Set out policies re development and use of land in a particular neighbourhood area

•Significance of Neighbourhood Forum

•What is a Neighbourhood Forum

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Planning

Neighbourhood Planning (Chapter 3 of Part 6)

Neighbourhood Development Orders

Orders which grant planning permission in relation to a particular neighbourhood area specified in the order –

• for development specified in the order or

• for development of any class specified in the order

NB – Impact on permitted development rights

25

Planning

Neighbourhood Planning (Chapter 3 of Part 6)

Checks and balances on NDPs and NDOs –

•Submission•Independent examination•Referendum•Is the referendum the end of the story?

26

Planning

Neighbourhood Planning (Chapter 3 of Part 6) •Schedule 11 – Community Right to Build Orders•Power for “community organisations” to make proposals for “specified development in relation to a specified site in the specified neighbourhood area”

Community organisation is a body corporate – •established for the purpose of furthering the social, economic and environmental well-being of individuals living, or wanting to live, in a particular area, and •which meets such other conditions in relation to its establishment or constitution as may be prescribed.

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Planning

Abolition of the Infrastructure Planning Commission (s. 128 and schedule 13)

•Background – the old regime

•The position under the Planning Act 2008

•Abolition of IPC on 31st March 2012

•Transfer of functions to new national infrastructure directorate within PINS

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Planning

Enforcement (Chapter 5 of Part 6)

Section 123 (Retrospective planning permission)

•LPA may decline to determine a retrospective planning application if an enforcement notice has been issued in relation to any part of the development

•Effect on retrospective application if enforcement already served – developer cannot appeal against EN on ground that “permission ought to be granted for the development”.

29

Planning

Enforcement (Chapter 5 of Part 6)

Section 124 (Time limits for enforcing concealed breaches of planning control)•Welwyn Hatfield BC v Secretary of State for Communities and Local Government•Section 124 permits enforcement action against breach of planning where time limit expired AND breach concealed•LPA must apply to court for “planning enforcement order”•Time limit: within 6 months of day LPA knew of breach•LPA then has 1 year to enforce

30

Planning

Enforcement (Chapter 5 of Part 6)

•Section 127 - Powers in relation to: unauthorised advertisements; defacement of premises

•Note influence of existing London legislation

31

Predetermination

Section 25 LA 2011

•Predetermination = closed mind•If a councillor has given a view on an issue, this does not show that the councillor has a closed mind on that issue•R v (Island Farm Development Limited) v Bridgend CBC [2006]•R (Lewis) v Redcar and Cleveland BC [2008]•R (Condron) v National Assembly for Wales [2006]

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London

Part 8 of LA 2011

•Chapter 1 – Housing and regeneration functions

•Chapter 3 – Greater London Authority governance

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London

Housing and regeneration functions (ss. 186 – 195)

•Removal of limitations on Greater London Authority’s general power•New housing and regeneration functions of the Authority•The London housing strategy•Abolition of the London Development Agency•Mayor’s economic development strategy for London

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London

Greater London Authority Governance (ss. 223 – 231)•Delegation of functions by Ministers to the Mayor •Authority may be required to carry on commercial activities through a taxable body•London Environment Strategy•Abolition of duty to prepare state of the environment reports•Mayoral strategies: general duties•Simplification of the consultation process for the Mayor's strategies•London Assembly's power to reject draft strategies

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