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EALC Presentation on the Localism Act 2011

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LocalismThe Localism Act , passed in November 2011, to fulfil the Government’s stated commitment to decentralising control over public services, assets and planning from central government to local government and from local government to communities.

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Five Key Measures 1.Community Rights2.Neighbourhood Planning 3.Housing 4.Empowering Local Areas 5.General Power of Competence

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Community Rights

Right to Challenge - to bid to run a local service, came into force on 27 June 2012•To make use you must be a: voluntary and community groups, parish councils and/or groups of 2 or more staff from a local council•How it works: express an interest, council considers the application, holds a procurement exercise, and a relevant body takes over the service

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Community Rights

Right to Challenge in Eden

•No challenges have come forward yet•In Alston – Community have taken over the running of their snow plough, however not through this piece of legislation.

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Right to Bid•An ‘asset of community value’: its main use is to further the social wellbeing of the local community.

•How it works: assets can be nominated by groups with a connection to the local area.

•If nomination process is undertaken correctly then the Local Authority must include the asset on its list. Assets remain on the list for at least 5 years.

•If the council decides that the nomination doesn’t meet the criteria, then they must write to the group who nominated the asset and provide an explanation.

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Right to Bid in Eden

•Not to be confused with Community Right to Buy•Proving reasonably popular in Eden•To date there are three community assets on the Council’s Community Asset Register these include two areas of land in Penrith and the Crown Inn Pub at Blencow

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Right to BuildA new way for communities to choose where and when to build homes, shops, etc. – came into force on 6 April 2012

•A Neighbourhood Development Order allows people to propose a development and obtain permission for it, without having to go through a planning process.

•Any revenue generated is retained by the community

•The community organisation needs to finance the process

•How it works (the process): set up a corporate body, engage the community, draw up draft Build Order, independent examination, local referendum (must receive over 50% support from those voting), ready to build

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2. Neighbourhood PlanningNeighbourhood Planning enables communities to draw up a Plan for their area. These plans will be used to decide the future of places where they live and work. It will give local people opportunities to:

•Choose where they want new homes, shops and offices to be built

•Have their say on what new buildings should look like

•Grant planning permission for the new buildings they want to see go ahead

•Eden is home to the first Neighbourhood Plan to be approved in the Country – the Upper Eden Neighbourhood Plan

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How it works: • Defining the neighbourhood – what’s the

boundary? • Preparing the Plan – local people decide (needs to

conform with existing planning policy) • Independent Check • Community Referendum – if more than 50%

support the plan, the local authority must bring it into force

• Legal force• Implementation

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3. HousingCouncils will get the flexibility to better manage their

housing stock by adapting to meet local needs. The Localism Act will let councils decide:

• How best to help homeless people• How to manage their housing waiting lists• The length of tenancy that best fits a household's

needs • The Act will change the way social housing is

funded to pass more power to a local level. Councils also will get back the control of the revenue raised by council rent

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4. Empowering Local AreasThe Localism Act enables Ministers to transfer public

functions to local authorities in order to improve local accountability and promote economic growth. It empowers major cities and Councils to:

• Develop their areas• Improve local services• Increase their competitiveness

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5. General Power of CompetenceGives councils the legal capacity to do

anything an individual can do. The new power will give councils the freedom to:

• Work together to improve services• Drive down costs• Enhance their local area• Councils will be able to work creatively to

meet local needs, without having to wait for agreement from the centre to get things done