The legislation underpinning major reforms of the English planning system has received Royal Assent with ministers arguing the measures represent an historic shift of power back to local people.
As well as abolishing regional strategies and the Infrastructure Planning Commission, the Localism Act 2011 will mean a new tier of land use planning in the shape of neighbourhood plans.
Key measures to increase the power of local government as a result of the Act include introducing a new general power of competence designed to give councils unprecedented freedom to work together to improve services and opening the door for the transfer of power to major cities to develop their areas, improve local services and boost local economies.
The Act clarifies the rules on predetermination which will allow councillors to express their opinions on issues of local importance such as planning proposals without the fear of legal challenge.
The measures also introduce a new regime for pre-application consultations and new planning enforcement rules, giving councils power to take action against people who deliberately conceal unauthorised development and Increases powers for councils to remove illegal advertisements and graffiti and prevent fly-posting.
The legislation also enables communities to bring forward proposals for development – such as homes, shops, playgrounds or meeting halls, through the Community Right to Build.
RESPONSES
Community Right to Challenge
‘We welcome the opportunities that locally valued organisations will have under the Localism Bill’s Community Right to Challenge to have their suggestions for better targeting and delivery of local services given proper consideration. With the statutory guidance on Best Value now in place, we trust that national and local government will promote social and environmental considerations – including the added value that local providers offer in terms of their personal knowledge, experience and expertise – alongside value for money, when making decisions about local service delivery.’? Kevin Curley, Chief Executive, National Association for Voluntary and Community Action
Assets of Community Value (Community Right to Bid)
‘We welcome the Localism Bill’s provisions around Assets of Community Value and look forward to seeing communities working with councils to identify and list appropriate local assets. We trust that national and local government will promote the spirit of the new legislation as well as its letter, to ensure that community groups are given a level playing field with private interests to develop and submit their bids to buy listed assets as and when they may be put up for sale.’? Kevin Curley, Chief Executive, National Association for Voluntary and Community Action
‘These new rights will be useful tools in the hands of voluntary organisations who want to deliver better services for their beneficiaries or put buildings to better use in their local communities. We now need local government and voluntary organisations to work together to turn their potential into reality.’? Sir Stephen Bubb, CEO, Association of Chief Executives of Voluntary Organisations
‘The Right to Challenge and Right to Buy give communities a way of getting their ‘foot in the door’. People should have more control over the services they receive and be able to put forward their views on how they could be delivered better.’? Sir Stuart Etherington, Chief Executive, National Council for Voluntary Organisations
Locality
‘The Localism Bill represents a vote of confidence in can-do communities. It brings opportunities for local groups to take on the planning system, to take over failing services, and to take ownership of the land and buildings that matter most to them. From the experience of Locality’s nationwide network, we know that local groups across the country have been taking control of much loved community assets for many years, often saving them from closure or neglect despite the odds. The provisions for a Community Right to Bid will help to ensure that communities can get a foot in the door to acquire land and buildings for the common good – but none of this will be easy. It will require renewed effort by Government and others to increase community investment and ensure community organisations have the relevant support needed to further develop their capability, otherwise communities will see these opportunities slipping through their fingers.’? Steve Wyler, Chief Executive of Locality
‘Too often there are significant barriers facing rural communities wanting to save their local shop and pub. The Community Right to Bid to Buy aims to help communities to address some of these barriers. We encourage rural communities to explore using the new Community Right powers to see how it can help safeguard their local shop and pub.’? Peter Couchman, Chief Executive, Plunkett Foundation
‘Westminster Council welcomes this historic legislation which will empower local communities. We have already seen examples of groups and individuals who want to shape and deliver services in their areas. The Localism Act will help free local authorities and communities to take genuine responsibility for their areas, as it will help us as a council to better meet the needs of our city.’ ?Cllr Colin Barrow, Leader of Westminster City Council
Planning
‘RICS welcomes the enactment of the Localism Bill into law. Giving communities new planning responsibilities to shape their local area is a positive step and RICS hopes that this spirit will be reflected in the implementation of the Act. However, this greater local involvement must provide enough housing and commercial property for communities and businesses to thrive and deliver badly needed economic growth.’? Stephen Thornton, RICS UK Head of External Affair
‘We welcome the Government’s recognition of the need for localism to support sustainable economic growth and have been pleased to work closely with the Government in developing the concept of business neighbourhoods in areas that are mainly commercial in character. We look forward to the Government now realising the full potential of localism by pressing ahead with other measures that can empower local communities such as greater local retention of rate revenues and tax increment financing.’? Ghislaine Trehearne, Policy Officer, British Property Federation
Dept of Communities article: LINK
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