Localism in the Malvern Hills District Parish and Town Council workshop 1 May 2012

Objectives for this evening (Although we don’t have all the answers!) to bring you up to date with the government’s localism agenda. To begin a debate about how we can work together to promote localism in the District To give you the opportunity to ask questions To give you access to support which will help your plans to develop localism in your area.

Localism so far Leading role in moving away from “top down” housing targets through SWDP Moved away from direct service delivery to shared services. Major strategic review underway Transparency Section on website Improved scrutiny arrangements

Localism is Decentralisation

The new policy framework Local authority freedoms and flexibilities General power of competence Abolition of Standards Board Pre determination rules Directly elected mayors Extended powers for Mayor of London Greater control over local rates Rights and powers for local communities Community right to challenge Assets of community value Local referendums Right to veto excessive council tax rises Getting rid of penalties for rubbish collection Transparency over senior officer pay Planning reforms Abolition of regional spatial strategies Duty to co operate Neighbourhood planning Community right to build orders Requirement for developers to consult before application Reform of community Infrastructure levy Draft National planning policy framework Delivering sustainable development Plan makingDevelopment management Planning for prosperity Planning for people Planning for places Social housing reforms Tenure changeHousing allocations Homelessness legislation Reform of council house finance National home swap scheme Social Housing regulation

Any questions?

Local authority freedoms and flexibilities General power of competence Replaces the “well being” power from April 2012 Applies to eligible Town and Parish councils too! Allows local authorities to do anything unless specifically prohibited by law…….. although councils can apply to remove limits.

Local Authority freedoms and flexibilities Abolition of Standards Board Standards Board for England, Standards Committees and model codes of conduct for councillors abolished. Local councils (including Town and Parish Councils) have a duty: – To adopt a code of conduct (Pan Worcestershire code planned) – Have in place arrangements for the investigation of allegations – Appoint at least one independent person – Publicise the adoption of the code of conduct and advertise for independent persons to apply

Local authority freedoms and flexibilities Pre determination rules No change! This section makes no difference at all. It simply reflects where case law had got us to already. The common law principle of bias still applies as well.

Local authority freedoms and flexibilities Greater control over local rates If only this were true! Changes to business rates purely transfers the risks from national to local government. Changes to the funding of council tax benefit, mean greater costs for local taxpayers

Local authority freedoms and flexibilities Any Questions?

Rights and powers for local communities Community right to challenge Likely to come into effect October 2012 Enables voluntary and community bodies, employees and parish councils to express an interest in running a local authority (LA) service. LA must consider expressions of interest and, where they accept them, run a procurement exercise for the service. Allows Parish Councils with a good idea on how to run LA services differently or better to have a fair hearing and the time to prepare an effective bid.

Rights and powers for local communities Community Right to challenge BUT: Applicant must show: – how it will improve, the quality of the service – how it meets service user needs LA will take into account – social, economic or environmental implications – financial implications If accepted LA must then go to a full procurement exercise opening up the opportunity for commercial organisations to bid.

Rights and powers for local communities Community right to challenge Funding will be critical – Commercial organisations have a financial advantage – Public service contracts operate on a payment by results service. Provider is not paid until targets have been achieved – Start up capital may be difficult to obtain Much of the detail yet to emerge in Regulations

Rights and powers for local communities Assets of community value Communities now have the right to identify a building or land that they believe to be of importance to their community. If it meets the definition of an asset of community value, the LA can be asked to list it Owner will have a right to an “internal review” by the council and appeal to an independent tribunal. Nothing will happen until owner wishes to dispose of the asset

Rights and powers for local communities Assets of community value If a disposal is planned the site owner must notify the LA and a moratorium period begins allowing negotiations with the community to begin. If no progress is made for transfer of the site to the community during the moratorium period, the site is removed from the list. There is a compensation clause for the site owner to cover for financial loss during the moratorium period and a right of appeal.

Rights and powers for local communities Assets of Community Value Local community must show significant social value Power only provides for listing. Not a right of first refusal. LA only has limited involvement and must manage expectations Landowner can still sell to whoever (s)he wants Much of the detail yet to emerge in Regulations

Rights and powers for local communities Local referendums and right to veto council tax raises Plans that would have enabled small local groups to call referendums have been dropped. Except for referendums on council tax increases, the creation of elected mayors or on neighbourhood planning.

Rights and powers for local communities Transparency over senior officers pay Local authorities now required to prepare pay policy statements. Set out policies on a range of pay issues particularly its senior staff (or ‘chief officers’) and its lowest paid employees. First MHDC pay policy statement approved by Council 21 February 2012

Rights and powers for local communities Any Questions?

Changes to the Planning System  Plans and Strategies  New layer of Plans  Pre-Application consultation  Duty to consult local communities (Developer)  Planning enforcement measures  New financial penalties  Nationally Significant Infrastructure Projects  National Policy Statement – Parliamentary approval

Plans and Strategies Removal of Regional Structure o remove the upper tier of the development plan for the purpose of making development decisions and determining planning applications o West Midlands Regional Spatial Strategy will no longer apply A duty to co-operate o Local Planning Authorities to co- operate with each other in relation to sustainable development and the use of land for strategic infrastructure

Plans and Strategies A duty to co-operate constructive and active encouragement o the preparation of development plan, other local development plan documents and for activities that support the planning of development o to consult on, prepare and enter into and publish agreements on joint planning approaches - to consider preparing joint local development plans o to have regard to the activities of other bodies

Plans and Strategies Development Plans o LPAs must prepare and maintain a Local Development Scheme (LDS) specifying the documents that will be Local Development Documents (LDD), their subject matter, area and timetable for preparation and revision. o Inspector’s report will be a recommendation only, LPA will decide whether it wishes to make changes to its Plan - Plan can only be adopted if the Inspector judges them to be sound.

Plans and Strategies Neighbourhood Planning – new rights for local communities to shape their local areas through, new layer of plan o Neighbourhood Development Plan (NDP) o Neighbourhood Development Order (NDO) o Community Right to Build Order (CRBO)

NDP and NDO plan to be prepared in partnership with LPAs on the initiative of Parish / Town Councils or neighbourhood forums enable communities greater control and freedom to bring forward development proposals and to set its own planning policies in the area or use of land an order that grants planning permission in a particular neighbourhood area for development specified in that order

NDP and NDO Plans and Orders must be in conformity with the Development Plan Must meet as minimum the housing and employment allocation for the neighbourhood Follow the procedures for preparing development plans Examination in public (independent person)

CRBO order gives community organisations the ability to take forward developments in their area without the need to apply for planning permission community organisation will be responsible for identifying suitable land and sources of finance

Pre-Application consultation developers to consult local communities before submitting planning applications for certain developments to give local people an opportunity to comment on proposed development while they have a chance to influence proposals before they are finalised Developers will be required to have regard to responses received during consultation and whether to make any changes to the proposed development

Planning enforcement measures decline retrospective planning applications subject to planning enforcement notice extending time limits for enforcement action against those who conceal unauthorised development, - LPA must apply to the magistrates’ court for a “planning enforcement order” within six months of the day on which the apparent breach came to the authority’s knowledge

Planning enforcement measures Increased powers to deal with unauthorised advertisements increased powers to tackle graffiti and fly-posting powers in relation to bus shelters and other street furniture financial penalties for planning-related offences increased from £1,000 to £2,500

Nationally Significant Infrastructure Projects (NSIPs) National Policy Statements (NPSs) to obtain Parliamentary approval setting out the infrastructure needs separate development consent regime for NSIPs new Major Infrastructure Planning Unit set up to form part of the Planning Inspectorate pre-application consultation with LPAs

Other Planning Matters local finance considerations a material consideration when deciding applications for planning permission

Any questions?

Our offer to you We will: Continue to analyse the Act and its regulations and stimulate a wide ranging debate on the Council’s approach. Provide regular updates (Parish Newsletter) to local Members and to Town and Parish Councils as the detail emerges and to showcase best practice. If necessary, hold further conferences for Town and Parish Councillors.

Our offer to you We will also: Issue a “Pocket Guide” for local Members and Town and Parish Councils with named contact points within the Council for all key issues. Commit to engage with Town and Parish Councils to understand their needs (learning from the experience and resource implications of the frontrunner in Kempsey). In the short term we will divert resources within MHDC to support local Member discussions with Town and Parish Councils.

Our offer to you And we will: Help to develop champions from within Parish Councils, in the longer term, to promote the message to colleagues. Commit to helping Town and Parish Councils get better at communicating. Provide access to data at ward and parish level to help Town and Parish Councils understand their communities and plan for the future.