the localism act - transparency & the community right to challenge
DESCRIPTION
David Bentley, Head of Asset Management, CIPFATRANSCRIPT
The Localism Act - Transparency & The Community Right To Bid.
Series 37 (03/2012)
\ property
Susan RobinsonAdvisor - Property Services
: 01207 529576: 07825 247600
Chris Brain Senior Advisor
: 01275 878378: 07919 018753
Denise Edwards
Business Support Manager
: 01244 394600
Jane LowrieAdvisor - Property Services
: 01508 494025: 07827 242346
Kirsty Sanderson
Senior Business Support Officer
: 01244 399699
David Bentley Head of Asset Management
: 01332 559780: 07710 368711
Networks and Advisory Services
www.cipfa.org/property
National Conference (London – 14/11)
Speakers include
• Latest from DCLG
• How health is changing and what it means for property
• GPU
• Who sold all the gold – a councillors view on AM
• Somewhere to – Young Champions
• Olympic Legacy
• The legal pitfalls of the Localism Act
• Success stories from the West MidlandS
What is driving public property
• Budget cuts (office rationalisation)
• Economy, Efficiency, Effectiveness
• Social Value
• Localism Act – Community Rights
• Transparency Agenda
Five key measures intended to decentralise power: General power of competence Community Rights (Challenge, Bid and Build) Neighbourhood planning Housing Empowering cities and other local areas
When does it come into effect?
In brief
List of Assets of Community Value
List of land nominated by unsuccessful
community nominations (5 years?)
Nominate Land or Building of
Community Value
Voluntary or Community Body
Parish Council
Local Authority decides to list asset
Local Authority asks owner for comment
No objection from owner
Owners objection unsuccessful
Owners objection successful
Local Authority decides not to list asset
Added to list of Community Value and Local Land
Charge Register (5 years)
Local Authority publicises and maintains list
Neighbourhood Planning ForumListing
Process
Community groups prepare business plan
and finance
Window of opportunity starts
when LA is informed by owner of intention to sell
Interim window of opportunity ends
6 w
eeks
Full window of opportunity ends
6 m
on
ths
Owner decides to sell listed asset and
informs Local Authority
LA informs nominator and publicises to
community
Community groups express interest in
bidding
Owner can sell to whoever they
choose at end of full window of
opportunity
No community groups express
interest
Owner free to sell asset after interim window of opportunity
18 months
Ow
ner
can
sel
l to
co
mm
un
ity
gro
up
Department of Communities and Local Government
Transparency
• Attribute Programme
• DCLG – 20th October 2012 issued consultation on transparency of data & including consulting on local authorities publishing more information on land and property holdings
• Mandatory?
• Timescale?
http://www.communities.gov.uk/publications/localgovernment/makingthecode
Intended to include
1. UPRN
2. Unique Asset ID
3. Name of building
4. Street Number
5. Street Name
6. Postal Town
7. Postcode
8. Easting and Northing
Intended to include
9. Asset Tenure
10. Asset Owner
11. Type of Asset (Building, Land or Building with Land)
12. GIA m2
13. Services offered from the asset
14. Reason for holding asset
Intended to include
15. FTEs (Offices only)
16. Asset Condition (A-D rating)
17. Rateable Value
18. Total Operational costs per m2
19. Required Maintenance
20. Functional Suitability
21. Energy Performance Rating
So why is any of this important?
Supporting the release of surplus Local Authority land and property?
Public authorities should know what they own and know why they own it (not just office accommodation)
They should regularly challenge whether they need the property
They should work with the community and other partners to use assets most effectively to deliver services
But
Is there a danger of property release getting bogged down?
So why is any of this important?
Getting bogged down?
Bureaucratic approach of the community right to bid
Delay in sales?
Transparency agenda could raise individual challenges rather than a business led approach
Where are you?
Have you got a system for community right to bid?
Is it proactive or reactive?
Can you produce the transparency information on all your assets?
Will it create constructive challenge or red herrings?
Is this part of your strategy for ensuring that your asset base is fit for purpose now and into the future………..
Or are you just reacting to the latest emergency?