Agenda item

LOCALISM ACT

The panel will be provided with a further update on the Localism Act.

Minutes:

Paul Barnard, Assistant Director for Planning Services, provided the panel with an update on the Localism Act.

 

The panel was informed that –

 

(a)

the Localism Act received Royal Assent on 15 November 2011;

 

(b)

the Act consists of the following sections:

 

  • Part 1 – Local Government
  • Part 2 – EU Financial Sanctions
  • Part 3 – EU Financial Sanctions (Wales)
  • Part 4 – Non-Domestic Rates
  • Part 5 – Community Empowerment
  • Part 6 – Planning Reforms
  • Part 7 – Housing
  • Part 8 – London
  • Part 9 – Compensation for Compulsory Acquisition
  • Part 10 – General

 

(c)

in terms of part I ‘Local Government’ the general power of competence has been introduced sooner than anticipated;

 

(d)

there were provisions for council’s to choose which method of governance it wished to adopt; either executive, committee system or prescribed arrangements;

 

(e)

the Standards Board for England had been abolished;

 

(f)

there were new requirements for codes of practice of which the seven Nolan principles of public life were embedded;

 

(g)

with regards to part 2 ‘EU Financial Sanctions’ Power for Central Government to pass on EU fines and other sanctions to local government (S48).

 

(h)

Part 4 ‘Non Domestic Rates’ allowed for greater flexibility to local authorities to grant discretionary relief from business rates where reasonable to do so; this was coming into force April 2012;

 

(i)

Part 5 ‘Community Empowerment’ allowed for provisions such as council tax referendums, community right to challenge, lists of assets of community value and land of community value; all provisions to come into force in April 2012;

 

(j)

the demise of the Regional Spatial Strategy would have a minimal impact on Plymouth as the Council’s Core Strategy promoted high level of growth;

 

(k)

a new Neighbourhood Planning regime has been created and that this would involve the need for Neighbourhood Forums to be created;

 

(l)

local communities would have a greater say on local developments;

 

(m)

Section 143 – financial considerations are now a material planning consideration; this enabled Planning Committee to ask what was the New Homes Bonus of the project and what is the likely Community Infrastructure Levy?

 

(n)

there was to be a major reform of the housing allocation policy;

 

In response to questions raised it was reported that –

 

(o)

Ward Councillors would have the opportunity to play a more proactive role in the planning application process;

 

(p)

specific powers were introduced 2007?? Is this date correct? Needs checking to allow council’s to impose fines with regards to rubbish collection; that power has been revoked. The power to charge for non-compliance with domestic waste recycling and refuse disposal has been repealed;

 

(q)

the panel would be provided with a copy of the community information pack when it was ready to be circulated to local community groups;

 

(r)

the Planning Committee had the opportunity to take into consideration how much weight financial issues should apply to each application; the Assistant Director for Planning Services agreed to provide this response in writing to the panel;

 

(s)

Council’s were able to go to court if they could demonstrate deliberate concealment of development;

 

(t)

the Planning Committee was currently able to consider the density of development and efficient use of urban land;

 

(u)

the responsibility for lists of community value was yet to be established;

 

(v)

due to changes brought about by the Localism Act Planning Services needed to be  reconfigured to meet new customer needs; a restructure of the service would take place shortly;

 

The Chair thanked Paul Barnard for his informative presentation.

 

Agreed that –

 

1.

the Localism Act presentation would be emailed to panel members;

 

2.

the information for community groups would be provided to panel members when available;

 

3.

the Assistant Director for Planning Services agreed to provide the panel with a written response outlining the ability of the Planning Committee to take into consideration financial issues when considering applications.