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Sheila Battersby- Policy Manager (NW) Office for Civil Society

Sheila Battersby- Policy Manager (NW) Office for Civil Society. Community Rights and Neighbourhood Planning July 2012. New Rights for Communities. Community Right to Challenge Community Right to Bid Community Right to Build Neighbourhood Planning. Community Right to Challenge.

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Sheila Battersby- Policy Manager (NW) Office for Civil Society

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  1. Sheila Battersby- Policy Manager (NW)Office for Civil Society Community Rights and Neighbourhood Planning July 2012

  2. New Rights for Communities • Community Right to Challenge • Community Right to Bid • Community Right to Build • Neighbourhood Planning UNCLASSIFIED

  3. Community Right to Challenge • A right for voluntary and community bodies, charities parish councils and relevant authority employees, to express an interest in running relevant authority services, where they believe they can do so differently and better. • If the expression of interest is accepted, the authority must carry out a procurement exercise for the service. UNCLASSIFIED

  4. Community Right to ChallengeCurrent Position • Regulations have been laid and scrutinised in Parliament. The Right came into force on 27 June 2012 • Statutory guidance has been published • Locality will provide a programme of support for groups to help them to effectively use the Right, compete in procurement exercises and deliver service contracts sustainably. • Locality will offer guides and toolkits, an advice and information service, and pre-feasibility, feasibility and service delivery grants UNCLASSIFIED

  5. Bulky Bob’s Bulky Bob’s A Social enterprise that has contracts with Liverpool City Council and other councils to collect, reuse and recycle bulky household waste. Offers not only efficient waste collection service, but also social, economic and environmental benefits … • Reuses and recycles 70% of furniture and white goods - reduce impact on the environment, saving councils £££ in landfill costs. • Helped over 34,000 low-income families access affordable furniture • Has run training programmes for more than 250 long-term unemployed. Since 2000, 80% of trainees have gone into sustainable employment • Social benefits to the local community 2.5 times the initial investment UNCLASSIFIED

  6. How will the Right work? 3 1 2 Voluntary or Community Group Relevant services subject to challenge Relevant authority undertakes procurement exercise in line with legal requirements Charity Accept Expression of Interest Relevant Authority Parish Council Accept with modification No procurement triggered; relevant authority publishes reason for rejection Relevant Authority Staff Reject Time during which expressions of interest, can be submitted Time between accepting expressions of interest and starting a procurement exercise Time for authorities to reach a decision on expressions of interest UNCLASSIFIED

  7. Community Right to BidCurrent Position • The Assets of Community Value Regulations will be introduced later this year. An announcement will be made shortly. • A non-statutory Advice Note is being prepared for local authorities to help them prepare for commencement of the scheme. • A support package will be available on commencement of the scheme to assist groups in using these rights. UNCLASSIFIED

  8. Community Right to Bid • Who can nominate? • Voluntary and community organisations with a local connection • Parish Councils • Procedure for Listing • Local authorities are required to publish and maintain a list of assets of community value and a list of unsuccessful nominations and to notify the owner(s), occupier(s) and nominator(s) of changes to the lists. • Review of a Listing Decision and Right of Appeal • Owner will have a right to request an internal review of a local authority’s decision to list an asset and a further right of appeal if dissatisfied with the outcome of the review. UNCLASSIFIED

  9. Community Right to Bid The Windows of Opportunity • Moratorium periods • An interim window of 6 weeks • A full window of 6 months (in total) • A protected period of 18 months (in total) • Relevant Disposal • Is the sale of the freehold or assignment of a lease granted for 25 years or more with 100% vacant possession • Does not fall within one of the exemptions • Owner’s notification to the local authority of intention to sell triggers the interim window • The full window of opportunity can only be triggered by: • A parish council • A community interest group UNCLASSIFIED

  10. Community Right to Bid What the provisions do NOT do • The Asset of Community Value provisions • do NOT… • Restrict who the owner of a listed asset sells to • Restrict the price the owner sells at • Restrict what the owner can do with their property once listed UNCLASSIFIED

  11. Community Organisation Neighbourhood Planning Forum Parish Council Local Authority asks owner for comment Identify Land or Building of Community Value Local Authority decides to list asset List of land nominated by unsuccessful community nominations Local Authority decides not to list asset No objection from owner Owners objection unsuccessful List of Assets of Community Value Owner’s objection successful Added to list of Community Value Local Authority publicises and maintains list UNCLASSIFIED

  12. Interim window of opportunity ends Owner can sell to community group 6 months Full window of opportunity ends Owner decides to sell listed asset and informs Local Authority Window starts when owner tells LA of intention to sell LA informs nominator and publicises to community 6 weeks Community groups express interest in bidding No community groups express interest Community groups prepare business plan and finance Owner free to sell asset after interim window of opportunity Owner can sell to whoever they choose at end of full window of opportunity UNCLASSIFIED

  13. Community Right to Build • Community Right to Build gives communities a new way to gain • planning permission for small new developments that they want to see in their area. • Might include homes, shops, businesses or facilities. The benefits of these developments will stay within the community. • Part of neighbourhood planning framework: • Empowers communities to take control • Community led • Light-touch process • Inspire innovation and creativity • Permissive regime UNCLASSIFIED

  14. Community Right to BuildCurrent Position • The Right came into force on 6 April 2012 • Government has launched a fund and support hub to assist communities who wish to use the Community Right to Build • Fund is worth £17.5m – to meet up to 90% of costs of obtaining a CRtB Order – e.g. to assist with incorporation, preparing a business case, professional fees. • The Support Hub is provided by Locality – practical advice to community groups, sharing best practice, links to case studies, e-mail and telephone enquiry service. UNCLASSIFIED

  15. Neighbourhood Planning • Neighbourhood plans will help local communities play a stronger role in shaping the development of the areas in which they live and work. • Neighbourhood planning gives the right to parish councils or designated neighbourhood forums to produce a Neighbourhood Plan or Neighbourhood Development Order or both. • Once a Neighbourhood Plan is brought into force after a referendum it becomes part of the statutory development plan for the local area and is used to decide planning applications in that area. • A Neighbourhood Development Order will automatically grant planning permission for development proposals which comply with the order. UNCLASSIFIED

  16. Neighbourhood Planning Current Position • Regulations came into force in April 2012 that cover the procedural and technical requirements for preparing Neighbourhood Plans, Neighbourhood Development Orders and Community Right to Build Orders. • Regulations have been laid that set out the procedure for running neighbourhood planning referendums; subject to the Parliamentary timetable we anticipate these will come into force by Summer 2012 • DCLG anticipate Regulations that cover the conduct of referendums in designated business (neighbourhood) areas will be laid in late 2012 / early 2013. • An introduction to neighbourhood planning and a series of frequently asked questions is available. The need for further guidance is being considered. • Four support organisations have provided advice and assistance to communities wishing to do neighbourhood planning.. • Over 200 front-runner communities are leading the way in doing neighbourhood planning. UNCLASSIFIED

  17. How will the Right work? If there is a parish or town council they take the lead The community wants to shape the growth and development of where they live The community applies for a neighbourhood area to be designated For Right to Build the process is instigated by a ‘community organisation’ where the community decides it wants to bring forward specific development proposals for the benefit of the community If no parish or town council, a neighbourhood forum is designated Work up details with the community andconsult consultees as appropriate Submit proposals to the local authority Opportunity for consultees to provide written representations where major issues not dealt with above • The examiner is checking the basic conditions – a plan or order must: • have an appropriate fit with local and national policy; • have special regard for listed buildings and conservation areas; • be compatible with European and equality / human rights obligations • Contribute to sustainable development Independent Examination Local authority checks proposals A simple majority is required here Community referendum Consultees notified of outcome Make a plan or order UNCLASSIFIED

  18. Local authority role Publicise proposed area for 6 weeks and designate a neighbourhood area The community wants to shape the growth and development of where they live Publicise proposed forum for 6 weeks and make decision on designation The community applies for a neighbourhood area to be designated If no parish or town council, a neighbourhood forum is designated Checking that group is authorised to act & all required information has been submitted NOT assessing merits of plan / order Work up details with the community andconsult consultees as appropriate Duty to support here e.g. advise on general conformity with strategic policies of Local Plan; when/which consulteesto involve; evidence requirements Submit proposals to the local authority Publicise, including how to make representations Send submission and written representations to examiner Independent Examination Local authority checks proposals Appoint examiner with consent of community Arrange for referendum/s to be held - Consider examiner’s report - Satisfied proposal meets basic conditions, including EU or can meet conditions with modifications - Agree referendum area Community referendum Publicise / notify decision Make a plan or order UNCLASSIFIED

  19. Upper Eden, Cumbria Upper Eden in Cumbria is “the most sparse part of the most sparse district of the country”. The Upper Eden Community Plan Group is an association of 17 parishes and one of the neighbourhood planning front-runners. The community has submitted an application to Eden District Council to designate its Neighbourhood Area, the first formal step to producing a Neighbourhood Plan. Monday 28th May 2012 saw the formal launch of 6 weeks of consultation with residents, businesses and others on the draft proposals for the area. These are set out in the revised 2012 Upper Eden Neighbourhood Development Plan (Draft Proposal). Amongst the areas that the neighbourhood plan is exploring are: how to deliver Broadband Internet Access through planning policy; how to meet local housing needs including housing for the elderly; and exploring opportunities for flexibility in the way housing on farms can be used to allow them to meet the changing circumstances of farms and farming families. UNCLASSIFIED

  20. Neighbourhood Planning Support • DCLG is funding four organisations to provide advice and support to community groups who are undertaking neighbourhood planning work. They are: The Prince’s Foundation for Building Community; the RTPI (Planning Aid); Locality and CPRE (working with NALC). • With the commencement of provisions in the Localism Act that enable the Secretary of State to support communities directly we are considering options for more direct funding to communities. • We are committed to providing up to £50 million to local councils until March 2015 to make neighbourhood planning a success. UNCLASSIFIED

  21. Support • CLG has launched a community rights 'micro site' that explains all the new rights introduced in the Localism Act http://communityrights.communities.gov.uk • More information on the services of the 4 neighbourhood planning support organisations can be accessed via the links below. • http://www.rtpi.org.uk/planning-aid/neighbourhood-planning/ • http locality.org.uk/projects/building-community :/// • http://www.princes-foundation.org/what-we-do/projects/engage/clg-planning-scheme/supporting-communities-and-neighbourhoods-planning • http://www.cpre.org.uk/what-we-do/housing-and-planning/planning/update/item/2691-get-involved-in-planning-your-neighbourhood.  UNCLASSIFIED

  22. Local Intelligence Team , Office of the Civil Society, Cabinet Office Sheila Battersby Policy Manager, Local Intelligence Team Office for Civil Society, Cabinet Office 7th Floor, Arndale Tower, Arndale Centre, Manchester M4 3AQ sheila.battersby@cabinet-office.gsi.gov.uk 07900 165088 For more information: www.cabinetoffice.gov.uk www.communities.gov.uk www.number10.gov.uk/take-part/

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