Borough of Poole CouncilBorough of Poole Council

Localism Act 2011Localism Act 2011

Cllr Judes ButtCllr Judes ButtPortfolio Holder Portfolio Holder for Public Engagement for Public Engagement

and Participationand Participation

AgendaAgenda

• Brief overview of the Localism Act 2011Brief overview of the Localism Act 2011

• Summary 4 Major Areas of the Act Summary 4 Major Areas of the Act

• How it impacts upon our Poole How it impacts upon our Poole Communities Communities

• Questions from residentsQuestions from residents

Localism Act 2011Localism Act 2011 483 pages 483 pages 241 Sections within the Act241 Sections within the Act 25 Schedules of Detailed information/ Appendices25 Schedules of Detailed information/ Appendices

   Explanatory notes some 15,000 to date!Explanatory notes some 15,000 to date! Regulations – pages - many thousands!Regulations – pages - many thousands!

   Introduced into House of Common 13Introduced into House of Common 13thth Dec 2010 Dec 2010 Assented in the House of Lords 15Assented in the House of Lords 15thth Nov 2011 Nov 2011

Clarification as to content/delivery this year 2012Clarification as to content/delivery this year 2012

Summary – 4 main heads of interestSummary – 4 main heads of interest

1. 1. New Freedoms and Flexibilities for New Freedoms and Flexibilities for Local Local GovernmentGovernment

  2.2. New Rights and Powers for CommunitiesNew Rights and Powers for Communities

  

3.3. Reform of the Planning SystemReform of the Planning System

4.4. Reform of Social HousingReform of Social Housing

1. New Freedoms and Flexibilities for Local 1. New Freedoms and Flexibilities for Local Government Government

General Power of Competence – Anything in Law that meets the needs of the population that

is legal and has capacity to be effected.  Abolition of Standards Board for all England – Complete

Standards Committee in BOP maintained - under new rulesCodes of Conduct remain unchanged

  Predetermination rules amended –

Councillors express preference re: predisposition not predetermination.  Openness/Accountability –

Publishing of remuneration paid to highest and lowest paid staff at BOP

2. New Rights and Powers for 2. New Rights and Powers for CommunitiesCommunities

Community Right to Challenge - Where a properly constituted ‘Community Body’ can express

an interest in providing a service which is currently provided by BOP.

 

Register of Community Assets – nominated by communityRequirement to keep List of Community Assets held/or

maintained by BOP or Private Sector Right to Bid – on above Asset on sale/disposal

  Local Referendums – Now Council Tax alone

Council Tax set > Government Limits as prescribed – Automatic Referendum

 

3. Reform of the Planning System3. Reform of the Planning System

To ensure planning system is more democratic/effectiveTo ensure planning system is more democratic/effective RSS – Regional Spatial Strategy – abolishedRSS – Regional Spatial Strategy – abolished Governance – Planning StatutesGovernance – Planning Statutes Core Strategy/SPD’s/SPG’s/LEP’s/NDP’s/NDO’sCore Strategy/SPD’s/SPG’s/LEP’s/NDP’s/NDO’s NDP – Neighbourhood Development Plans – NEWNDP – Neighbourhood Development Plans – NEW NF’s - Neighbourhood Forums must be;NF’s - Neighbourhood Forums must be;

‘‘Fit for purposeFit for purpose….….represent community, in represent community, in economic/environmental terms, reflecting backgrounds of economic/environmental terms, reflecting backgrounds of all those they wish to represent, ……must be relevant and all those they wish to represent, ……must be relevant and proportionately representative’proportionately representative’..

Planning Development - DevelopersPlanning Development - Developers Pre-consultation - prior to Planning Application with local communities – Statement of Community Engagement  

Enforcement – Prevent abuse of retrospective Applications to delay enforcement action.

 

Section 106 agreements – Abolished – contribution mitigates impact of development on local

infrastructure  

CIL – New - Community Infrastructure Levy – Widens how contributions can be utilised – now used for maintaining/operating – compared to just capital builds

 

4. Reform of Social Housing System4. Reform of Social Housing System

HRA – Housing Revenue Account Subsidy – HRA – Housing Revenue Account Subsidy – AbolishedAbolished Poole Council tenants no longer subsidising Social Housing Poole Council tenants no longer subsidising Social Housing

NationallyNationally BOP keeps rents paid in Poole for Poole Housing Stock BOP keeps rents paid in Poole for Poole Housing Stock

BUT – Cost to buy out of system by Gov £100mBUT – Cost to buy out of system by Gov £100m

Tenancy Reform - Flexible Tenancies – By agreement Tenancy Reform - Flexible Tenancies – By agreement provide fixed term tenancies – provide fixed term tenancies – existing tenancies secureexisting tenancies secure

Death – Only spouse/partner succeed tenancy/discretionDeath – Only spouse/partner succeed tenancy/discretion Waiting Lists – Council decide own criterion – NEWWaiting Lists – Council decide own criterion – NEW

What have BOP done thus far re the What have BOP done thus far re the Localism Act?Localism Act?

Cllr Butt PFH – Bill - resp/delivery presentations to all 6 Cllr Butt PFH – Bill - resp/delivery presentations to all 6 Area Committees/Residents/Community/Voluntary Area Committees/Residents/Community/Voluntary GroupsGroups

Now revisiting re Localism Act and all changesNow revisiting re Localism Act and all changes Members/Officers seminar next week – training Members/Officers seminar next week – training March – Public Meeting March – Public Meeting

Information/guidance/brainstormingInformation/guidance/brainstorming Senior Management Team – CEO/SD’s/Cabinet Senior Management Team – CEO/SD’s/Cabinet

discussed overview journey and impact of White discussed overview journey and impact of White Paper/Bill/ActPaper/Bill/Act

Cabinet - Community Engagement WP - Set structure Cabinet - Community Engagement WP - Set structure as to how Council will meaningfully engage with public as to how Council will meaningfully engage with public

What have BOP done thus far re the What have BOP done thus far re the Localism Act?Localism Act?

Platforms presently Area Committees/SNT’s/Local BOP Platforms presently Area Committees/SNT’s/Local BOP groups - will include in time members of the communitygroups - will include in time members of the community

   Mapping all community/voluntary/residents groups in BOP Mapping all community/voluntary/residents groups in BOP

Strengths/challenges lie – Groups will self help and share Strengths/challenges lie – Groups will self help and share support.support.

   BOP to facilitate and guide – BOP to facilitate and guide – ‘Hand Up not Hand Out’‘Hand Up not Hand Out’

No delegated specific ‘Localism Act’ devolved budgets from No delegated specific ‘Localism Act’ devolved budgets from GovernmentGovernment

   All Poole residents are an information resource for BOP – All Poole residents are an information resource for BOP –

glean best practice/ effective delivery of the Actglean best practice/ effective delivery of the Act

ConclusionsConclusions

Massive piece of legislation - much yet to be interpreted before delivery

Must do what is right for Poole/locally orientated

Principle of devolving power (ergo responsibility) remains manifest

  Community is a resource - about co-operation not

confrontation

Watch this space!

Questions......................