Localism Bill Published Dec 2010, enactment expected Nov 2011

Headlines based on what we know today.

Points of interest to parishes

• General Power of Competence • Abolition of the Standards Board • Community right to challenge * • Community right to buy * • Local referendums • Right to veto excessive council tax rises • Neighbourhood planning • Community right to build • *subject of consultation paper published 11/2/11

Abolition of Standards Board

• Standards for England [ formerly SBE ] will be abolished • Nolan principles & standards in public life will still exist • Policing and enforcement of Code of Conduct will rest with District Council if it chooses to do so. If not it will be down to individual parishes or groups of parishes to manage.

• New criminal offence will exist relating to allegations of serious transgression by a councillor

Neighbourhood Planning

• Neighbourhood Plans will be statutory • Community Led Plans – eg Village Action Plans are non-statutory • NPs provide an opportunity for CLPs to formally link to statutory spatial planning • Think of NPs as mini local plans operating at parish and neighbourhood level – potentially very labour intensive for the local planning authority.

How is the N.P. prepared ?

• Instigated by parish council or neighbourhood forum • Plan prepared by local community - DC must provide support & advice • Extensive community engagement / consultation • Considered by independent examiner – looks at fit with DC‘s local development plan, national policy & alignment with neighbouring plans leading to non binding report • Proceed to referendum, simple majority in favour leads to adoption by local planning authority [ DC ]

Front Runners

• Govt. grant of £20,000 awarded to 87 towns and parishes in first tranche and 36 in second tranche; third tranche bidding in November. Bid submitted by District Council • In Sussex we have Ringmer [ Lewes DC ] and Arundel [ Arun DC ] in first tranche • Cuckfield [ Mid Sx DC ], Angmering [ Arun DC] & a 6 council consortium in Arun awarded in second tranche

Conflicting messages ?

• Govt. Ministers speak of handing power back to communities ….to decide vision for their areas as they see fit, localism in action. For residents to have a greater say over the ‘look and feel’ of their neighbourhoods. Return power to local people.

• Is the hype matched by the reality, does it cultivate confusion ?

• Neighbourhood plans v LDF – which should prevail ?

Community Right to Build

• Not just about housing – about meeting a range of infrastructure needs identified within the community for which Community Led Planning is ideally suited.

• Potentially divisive within communities unless handled in a realistic manner.

• Will require a clear majority of those voting in a referendum [ parish poll ]

Right to veto excessive Council Tax increases

• At town and parish level there are 8,500 councils in England. • 70 of these have budgets greater that £1m • 200 have budgets greater than £200k • NALC’s discussions with Govt. indicate that this will not affect those with budgets less than £1m but as it stands the Bill includes all precepting bodies.

General Power of Competence

• Provides ability for a local authority to act in the best interests of the community without specific legislation.

• No action, save tax raising will be outside the scope, unless the action is specifically prohibited by law.

• It turns the principle of Ultra Vires on its head.

Community Right to Challenge

• Community & voluntary groups, parish / town councils and employees will have the power to challenge and take over a local service.

• Principal authorities must respond to the challenge and consider the positive impact this could have on the community.

• If proposal turned down, principal auth must publish reasons.

Community Right to Buy

• Local groups will have the legal right to nominate ‘community assets’ including shops, pubs, libraries & leisure centres to be recorded on the District Council’s list.

• If a listed asset goes on the open market its sale will be delayed to give that community the opportunity to prepare its business plan, secure funding and bid.

• Such assets should be identified & flagged up in any VAP review.

Community Action Pilots, [formerly known as Community Directed Support] Opportunities within the framework of Localism

West Sussex County Council’s plan

• Within 2 years to have 15 ‘clusters’ of communities and parishes delivering WSCC services in different ways • Established 4 pilot clusters to test the practicalities • Evolving arrangement, WSCC open to ideas and suggestions from others • Partnership of WSCC, SALC & AirS to support the clusters

The pilot clusters

• Coastal – actively comprising Angmering Littlehampton, East Preston & Rustington • Southwater hub – also includes Nuthurst, Shipley, West Grinstead, Broadbridge Heath, Lower Beeding & Slinfold • Chichester hub – includes the City Council plus 15 small parishes • Midhurst hub – initially focussing on a single issue in Midhurst

What sort of services are being discussed ?

• Libraries – attractive to Southwater and Angmering where it is believed the service could be preserved, managed and delivered more effectively locally.

• Minor highway maintenance – based on the established Burgess Hill cluster approach and of interest to the Coastal group.

• Youth service – piloting the idea of provision being maintained and managed locally. • Community transport schemes and rural bus services

What to do next

• If this has stimulated ideas for your community you should speak to Duncan Barratt Head of Community Development & Big Society West Sussex County Council [email protected]