Implications of the Localism Act for Parishes

Andrew Muter Chief Executive

Newark & Sherwood District Council

1 October 2012

Localism Bill launched 2010

• Gained Royal assent 15 November 2011

• Act is 497 pages long…has 241 clauses and 25 schedules

• Parts are still work in progress

Is the ethos …Doing everything at the lowest possible level and only involving central government if absolutely necessary

Is the process …Giving away power from the centre to individuals, communities and local institutions

Is the vision …A society where people, neighbourhoods and communities have more power and responsibility and use it to create better services and outcomes

Localism

Decentralisation

Big Society

5 aspects of localism

• General Power of competence• Referenda• Community Right to Challenge• Community Right to Buy• Neighbourhood Planning

General Power of Competence

• At present the Council and Parishes can only do things where there is enabling legislation

• New provisions: “a Local Authority has power to do anything that individuals generally may do”

• Parishes must meet prescribed conditions

Boundaries of General Power of Competence

• Does not mean the parish or district council can do things it is prohibited from doing by other legislation

• Can only charge for a service where not already required by statute to provide that service and even then can’t generate a profit

• If you want to provide services for commercial purposes (i.e. to generate profit), you must do so through company or friendly society

Local Referenda

• Referendum must be held if the proposed Council Tax increase is “excessive”

• Secretary of State determines the criteria

• Applies to all Councils, including Parishes

• NSDC has to run the referendum, but the “offending” authority pays.

Community Right to Challenge

• “Relevant bodies” including voluntary or community bodies and Parish Councils may submit “expressions of interest” in providing District or County Council services

• The District or County Council can decide timeframes within which expressions of interest may be submitted

• If the Council accepts expression of interest, must then carry out a procurement exercise

• Can consider social, economic and environmental wellbeing of area in tender selection process

• It may be easier to negotiate devolution of a service outside of the Community Right to Challenge provisions

Community Right to Buy

• Community assets must be identified on list maintained by Council

• Moratorium on sale of community assets until community have had opportunity to express interest in buying and further opportunity to raise funding for their purchase

• Council to deal with appeals by landowners against listing and compensation scheme for landowners

Changes to Standards Regime

• Standards for England abolished

• The Council adopted a Code of Conduct consistent with Nolan Principles of Public Life and a framework for dealing with complaints to include appointment of at least one “independent person”

• Parish Councils also required to adopt the Code and District Council will deal with complaints about Parish Councillors

Planning

Key Objective of Localism Act: to radically reform planning system to give local people new rights to shape the development of the communities in which they live

3 ways to do this:

Neighbourhood Development PlansNeighbourhood Development OrdersCommunity Right to Build Orders

Consultation with Parishes later this week to identify who is interested and how we can plan our support

Neighbourhood Development Plans

• Draft plan prepared by Parish Council or neighbourhood forum

• Businesses can be members of neighbourhood forums

• Plans subject to local referendum & independent examination

• LPA will use a Neighbourhood Plan to help make decisions on Planning Applications

• Talk to NSDC Planning Policy team for help and advice

Neighbourhood Development Orders

• a neighbourhood can introduce the equivalent of a local permitted development order

• Allows the community to grant planning permission for new types of development without the need to apply to Newark & Sherwood District Council for planning permission

• Process:

proposal submitted by Parish or neighbourhood to LPA

If LPA considers it meets criteria, submitted to independent examiner who will make recommendations

LPA decide if order should be put to referendum or modified

Community Right to Build

• A type of Neighbourhood Development Order which gives the community power to develop eg. small scale housing or other facilities that they want, without the need to apply for planning permission.

Making sense of localism

What do you want to achieve?

• Influence and monitor the way services are delivered

• Jointly deliver a service, perhaps adding value in your locality

• Have delegated responsibility for delivery of a service• Transfer of complete responsibility for a service to your

organisation• Develop a Neighbourhood Plan

Is the ethos …Doing everything at the lowest possible level and only involving central government if absolutely necessary

Is the process …Giving away power from the centre to individuals, communities and local institutions

Is the vision …A society where people, neighbourhoods and communities have more power and responsibility and use it to create better services and outcomes

Localism

Decentralisation

Big Society

Making sense of localism

What successful community / neighbourhood initiatives do we already have?

What gets in the way of more community initiatives?

What could we do together to help create more local models of service delivery?