Localism Bill

1. Localism Bill An Overview Select Commission 3 22 March 2011 Mansfield District Council Creating a District where People can Succeed

2. What the government says: • Potential to achieve a substantial and lasting shift in power away from central Government and towards local people • New freedoms and flexibilities for local Government • New rights and powers for communities and individuals • Reforms to make the planning system more democratic and more effective • Reforms to ensure decisions about housing are taken locally Mansfield District Council Creating a District where People can Succeed

3. New freedoms and flexibilities for local Government • What the Government says: • Government committed to passing new powers and freedoms to town halls • Powers should be exercised at the lowest practical level – close to the people affected by the decisions • LA’s can do their jobs best when they have genuine freedom to respond to what local people want Mansfield District Council Creating a District where People can Succeed

4. What the Localism Bill contains: • General Power of Competence • The capacity for LA’s to do anything that an individual can do that is not specifically banned by other laws • Abolition of the Standards Board • Introduction of a criminal offence for councillors who deliberately withhold or misrepresent a personal interest Mansfield District Council Creating a District where People can Succeed

5. Clarification of rules of predetermination • Make it clearer that it is proper for councillors to play an active part in local discussions • People can elect a councillor confident in the knowledge that they can act on issues they care about and have campaigned on • Directly Elected Mayors • Give more cities the opportunity to decide whether they want a mayor • Make council leaders of 12 cities “Shadow Mayors” Mansfield District Council Creating a District where People can Succeed

6. New rights and powers for communities • What the Government says: • Government alone doesn’t make great places to live, people do • Voluntary and community groups often find their potential contribution neglected • The Government wants to pass new rights direct to communities and individuals to make it easier to get things done Mansfield District Council Creating a District where People can Succeed

7. What the Localism Bill contains • Community right to challenge • The right of voluntary and community groups to express an interest in taking over the running of local services • Community right to bid • Duty requiring LA’s to maintain a list of assets of community value • When listed assets come up for sale or change ownership groups will have time to develop a bid and raise money to buy the asset on the open market Mansfield District Council Creating a District where People can Succeed

8. Local referendum • Right to local people to suggest votes on any local issue that they think important • LA and other local public bodies will be required to take the outcome into account as they make their decisions • Right to veto excessive Council Tax rises • The Secretary of State will set a “ceiling” for Council Tax rises • Local people will have the right in a referendum to approve or veto a LA’s proposals to raise taxes at a faster rate Mansfield District Council Creating a District where People can Succeed

9. Reform of the Planning system clearer, more democratic and more effective • What the Government says: • A good planning system is essential for the economy, environment and society • There are flaws in the current system • Planning does not give members of the public enough influence over decisions • Too often power is exercised by people not effected by the decision Mansfield District Council Creating a District where People can Succeed

10. What the Localism Bill contains • Abolition of regional strategies • Neighbourhood planning • Right for communities to draw up “neighbourhood development plans” • Subject to the plans meeting certain criteria, local people will be able to vote on them – if approved by a majority the LA will bring it into force • LA’s will be required to provide technical advice and support as neighbourhoods draw up their plans Mansfield District Council Creating a District where People can Succeed

11. Community right to build • Gives powers to groups of local people to bring forward small developments • Requirement to consult communities before submitting very large planning applications • Strengthening enforcement rules Mansfield District Council Creating a District where People can Succeed

12. Reforming the Community Infrastructure levy • Changes to the infrastructure levy to make it more flexible to enable money to be raised to maintain infrastructure as well as build new • Greater freedom to LA’s to set different rates in different areas • Powers of the Secretary of State to require some money to go directly to neighbourhoods where the development is taking place Mansfield District Council Creating a District where People can Succeed

13. Reform of the way local plans are made • Limit the discretion of planning inspectors to insert their wording into plans • Focus on reporting progress to communities • Duty to Cooperate • Requires LA and other public bodies to work together on planning issues • Nationally significant infrastructure projects • Abolition of the Infrastructure Planning Commission – restoration of responsibilities to Government Ministers Mansfield District Council Creating a District where People can Succeed

14. Reform to ensure that decisions about Housing are taken Locally • What the Government says: • Social Housing provides 8 million people in England with a decent home at an affordable rent • However rules are too rigidly set by central Government making it hard for Councils to adapt to meet local needs • Some rule actually trap people in difficult circumstances Mansfield District Council Creating a District where People can Succeed

15. What the Localism Bill contains: • Social Housing tenure reform • LA’s will be able to grant tenancies for a fixed term (min 2 years) for new tenants • Social Housing allocation reforms • Greater freedom to LA’s to set policies about who should qualify to go on the waiting list • Reform of Council Housing Finance • Reform of the housing subsidy system Mansfield District Council Creating a District where People can Succeed

16. LGA Response to the Bill • Welcome the thrust of the Bill and the ideas behind it • However, despite rhetoric about decentralisation on which the Bill is based there is too much control about exactly how localism will work on the ground • 100’s of new powers for the Secretary of State Mansfield District Council Creating a District where People can Succeed

17. Forcing local areas to have elected mayors not in the spirit of local choice • Concerns that areas that chose not to have a mayor will have less powers over local services • Secretary of State’s powers to determine what is a “local issue” and an “asset of community value” amongst many other things is the complete opposite to true localism Mansfield District Council Creating a District where People can Succeed

18. The Government must put its money where it’s mouth is on financial freedoms – whilst dismantling the housing finance system is welcome – the cap on capital borrowing is a threat to future housing stock • The Government must allow Councils to keep 100% of RTB receipts • LGA completely oppose Secretary of State powers to order LA’s to contribute to EU fines imposed on UK Government Mansfield District Council Creating a District where People can Succeed

19. LGA support amendments to the Bill which will: • Delete Secretary of State powers to force an area to have a mayor • Delete the post of “shadow mayor” • Delete order making powers of Secretary of State to determine how local referendum are conducted • Delete Secretary of State powers to prescribe exactly how localism should work Mansfield District Council Creating a District where People can Succeed

20. Planning • ensure neighbourhood forums are representative and democratic giving ward councillors a stronger role • Delete the requirement for a referendum where there is agreement on the neighbourhood plan • Delete further prescriptive powers of the Secretary of State • Delete powers of Secretary of State to force Councils to pass community infrastructure levy to any other person Mansfield District Council Creating a District where People can Succeed

21. Housing • Allow Councils to keep 100% of RTB receipts • Prevent the Secretary of State from forcing Councils to pay money to Government after they have “bought out” of the HRA subsidy system • Remove the cap on Council’s borrowing to invest in social housing Mansfield District Council Creating a District where People can Succeed

22. What next? • Awaiting House of Commons report stage due imminently • Minister made no concessions on the concerns of Local Government at the Committee stage • LGA urging Councils to write to MP’s to highlight the changes that must be made to the Bill • Full Bill and explanatory notes on; http://services.parliament.uk/bills/2010-11/localism.html Mansfield District Council Creating a District where People can Succeed