Transcript Slide 1

Community Rights
Andy Perkin
Development Officer
Locality
Locality
Locality is the leading nationwide network of settlements,
development trusts, social action centres and community
enterprises.
Locality was formed through the merger of bassac and the
Development Trusts Association, two leading networks of
community owned and led organisations.
Locality members
£660m
community
assets
Fabulous Beasts!
… business
business start
startups,
ups,managed
managedworkspace,
workspace,
recycling,
recycling,
environmental improvements,
public
space,
environmental
improvements,management
managementofof
public
micro credit,
debtand
counselling,
welfare welfare
advice,
space,
micro advice
credit,and
advice
debt counselling,
energy efficiency
advice, family
support,
care child
advice,
energy efficiency
advice,
family child
support,
services,
community
grants grants
schemes,
affordable
housing,
care
services,
community
schemes,
affordable
volunteering,
job training,
education, youth
housing,
volunteering,
job supplementary
training, supplementary
work, community
safety,community
transport schemes,
festivals and
education,
youth work,
safety, transport
arts activities,
sports
andarts
leisure,
community
schemes,
festivals
and
activities,
sportscafes
and and
leisure,
restaurants,cafes
food and
markets,
healthy food
living markets,
schemes….healthy
and
community
restaurants,
much,schemes….
much more.and much, much more.
living
The Challenge
grant funding
assets
enterprise
Moseley Community Development Trust
Ledbury and Area Development Trust
Stourport Forward
Burslem School of Art Trust
New Community Rights
BUILD
BID
CHALLENGE
Community Right to Build
BUILD
small scale, site-specific developments
without planning permission
BUILD
Welcome to
NEIGHBOURHOOD
PLANNING
Please drive carefully
BUILD
Community Right to Build
• a specific kind of neighbourhood development order
Like Neighbourhood Development Plans –
• neighbourhood area needs to approved by the Local
Planning Authority
• CRtB Order must be in ‘general conformity’ with the
NPPF and local plan
• independently assessed
• subject to a local referendum
BUILD
Community Right to Build
• allows specific proposals to be developed
without planning permission
• may be used as part of a neighbourhood
plan or separately
• expected to be mainly used for small scale
housing in rural areas
• but can be used for shops, businesses,
community facilities, playgrounds, small
scale power generation, etc
BUILD
Who can submit a CRtBuild Order?
• parish council or existing
neighbourhood forum
• local charities
• incorporated community organisations
- ‘established for… furthering the social.
economic & environmental well-being of
individuals living, or wanting to live, in a
particular area’
BUILD
Opportunities
• revenue generated stays with the
community
• take advantage of CIL and New Homes
Bonus
• encourages community spirit and
ownership
• encourages partnerships with
developers
BUILD
Challenges
• small scale – 5 to 20 houses
• community must acquire the land and
capital to develop
• may be easier to just get planning
permission in most cases
BUILD
Funding for CRtBuild
• available from Homes & Communities
Agency (HCA)
• £17½ million over 3 years (2012-15)
• help towards the cost of preparing a
CRtBuild Order, local consultation and
developing the scheme
• not intended for building, land or
development costs
Community Right to Build
BUILD
any questions?
Community Right to Bid
BUY
Right to Buy?
Land Reform (Scotland) Act
2003
- stimulated a series of
community land buy-outs
- more than half the Western
Isles now in community
ownership
Community Right to Bid
BID
BUY
delay the sale and bid to buy assets of
community value
BID
Right to Bid (Assets of Community Value)
“aims to ensure that buildings and
amenities can be kept in public use and
remain an integral part of community life”
BID
Assets of Community Value
BID
List of assets of community value
The Pub?
The Post Office?
The Village Hall?
The Corner Shop?
The School?
The Allotments?
BID
Assembling an assets list
• LAs to list assets of ‘community
value’
• Public, private, and VCS owned
• Nominated by Parish Council,
community council, or a locally
connected voluntary or
community body
• LA must inform owner and
nominee
• Right of appeal for landowner
• 5 year listing
The Pub?
The Post Office?
The Village Hall?
The Corner Shop?
The School?
The Allotments?
BID
What is Community Value?
Must further the social well-being or
cultural, recreational or sporting
interests of the local community
This must be its principal use
Must continue to further the social
well-being or interests of the local
community



BID
Moratorium Period
• Triggered when owner wants to sell
• During which the owner cannot conclude sale
• 6 weeks for community group to notify LA they
wish to bid
• 6 months to raise capital to purchase
• Followed by a protected period
– 18 months: to protect owner from
repeated attempts to block sale
BID
Exemptions
•
•
•
•
If disposal is a gift
Disposal between members of family
If part of bigger estate
If a going concern business is operating
(providing that sale will result in the business continuing)

BID
The Opportunity
• A legal mechanism to encourage
community ownership of assets
• Owners viewing assets in a completely
different way – as valuable community
resources – and recognising they have a
responsibility to ensure their preservation
BID
Challenges
•
•
•
•
•
•
•
Does it discourage less than market transfer?
Treatment of BME and Community of Identity?
More liabilities than assets?
6 months (development time is usually 2-3 years)
‘Right to’ may create conflict in communities
The owner doesn’t have to sell to that group
Maintaining ‘principal use’
BID
Funding for CRtBid
• available from Social Investment Business
(Community Ownership & Management of Assets programme)
• Pre-feasibility grants of £5k to £10k
• Feasibility grants of £10k to £100k
• can apply for 50% or 30% of contract costs
(depends if under or over £30k)
• intended for capacity building, training,
expertise, business planning, market research…
• not intended for equipment, building costs or
running costs
Community Right to Bid
BID
any questions?
Community Right to Challenge
CHALLENGE
challenge and take over a council
service they think can be better run
CHALLENGE
When can we submit an EOI?
• At anytime. Unless…
• The LA specifies periods for submitting
EOI (inc beginning and end dates)
CHALLENGE
Who can submit an Expression of Interest?
•
•
•
•
charities
voluntary organisations
parish councils
2 or more employees of the Local
Authority involved in that service
CHALLENGE
Then what?
• LA must respond in writing
• If accepted a commissioning and
procurement process is triggered
• If not - gives reasons for rejection
• Rejection of EOI only on grounds set out
in regulations
CHALLENGE
Challenges
• But what is the market? - Local Authority
budgets cut
• Smaller contracts - Be careful what you wish
for!
• Opening the door for others
• Potential for creating conflict with LA
• LAs dealing with what seems like contradictory
policy (Localism vs Gershon)
CHALLENGE
Opportunities
•
•
•
•
Encourages ‘local thinking’
Co-design of services
Breaking down contract size
A catalyst for voluntary & community
sector collaboration
CHALLENGE
Funding for CRtChallenge
• available from Social Investment Business
(Community Right to Challenge programme)
• Pre-feasibility grants of £5k to £10k
• Feasibility grants of £10k to £100k
• can apply for 50% or 30% of contract costs
(depends if under or over £30k)
• intended for consortia building, training,
expertise, business planning, market research…
• not intended for equipment, building costs or
running costs
Community Right to Challenge
CHALLENGE
any questions?
Where to now?
HELP
atu.org.uk
mycommunityrights.org.uk
www.locality.org.uk
0845 458 8336
[email protected]