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The Decentralisation and Localism Bill was introduced to the House of Commons on December 13, 2010. It has a number of provisions which will impact upon the planning and development communities.

The first is the confirmation of the abolition of regional strategies – hardly a surprise. The introduction of ‘neighbourhood plans’ is an interesting alternative approach, although the implications of this are uncertain – perhaps the outcome of the 12 ‘vanguard’ communities about to go through the process of developing a neighbourhood plan may give an insight of what is to come.

Any community will be able to come together to draft a neighbourhood plan, and the planning authority will be obliged to assist. This is likely to follow parish or neighbourhood forums, but councils will have to assist with defining exact planning boundaries where necessary. The community can then decide where it would like to see new homes, shops and offices, and decide what green open spaces it would like to protect. Once it has the approval of the community, the planning authority will be obliged to adopt the plan. Of course, there are some conditions and qualifications.

The ‘carrots’ being dangled by government are quite enticing. Ministers have made it clear that a large proportion of the New Homes Bonus monies and the Community Infrastructure Levy will go to the neighbourhood where development takes place, in addition to S106 agreement monies. This is a double-edged sword, as the general council ‘pot’ will subsequently be reduced, which means neighbourhoods without plans will not see the same level of spending, and so will suffer. This could all be part of the plan, of course, as those neighbourhoods will then be motivated to go along the same path so they don’t miss out.

What impact this is going to have on the local authority’s planning strategies and wider plans is unclear, but it has the potential to cause much confusion, and a requirement for ongoing revision. However, based upon the usual level of local community involvement in council affairs, and planning, there will perhaps not be a rush. That said, the process may well be hijacked by NIMBYs when a project is being conceived – more likely is that developers will use the process to try and get a consensus agreement within the community for development, which is exactly what the government wants to happen.

Communities will certainly not feel isolated by the process, as they are now, as there will be a statutory obligation on developers to consult prior to the application being made, to demonstrate that consultation, and to show that the wishes of the community have been listened to and the plans adapted accordingly.

And the act will also reverse the absurd situation whereby councillors have been prevented from voicing opinions or acting on local issues for fear of being considered biased and unable to participate in a vote at committee. It now allows councillors to do what they were elected to do: represent their communities.

This will enable developers and planners to seek understanding, and get feedback, from local councillors during the project conception and following submission of the application.

There are various provisions within the Decentralisation and Localism Bill (DLB) which will have an impact on planning, the planning process, and the development community:

Community empowerment
The DLB enables residents, councillors or councils to call a local referendum on any issue. Although the results are not binding, the council and other bodies have to take the outcome into consideration when making decisions.

This means that residents could call a referendum on a local planning issue, and the planning authority would have to take the outcome into account when considering the application.

Planning
DLB abolishes regional strategies and housing targets, leaving it up to local authorities and communities what they wish to build.

The bill introduces the new concept of ‘neighbourhood plans’ where any community can come together, whether a parish or neighbourhood forum, and lead the way in shaping their community. They can decide on where new shops, offices and homes should go, and which green spaces should be protected, by producing a local plan. If the plan is agreed by the majority of the community, the planning authority will be obliged to adopt it, and developments within that plan would then not subsequently need planning consent to go ahead.

There are powerful financial incentives to make this all happen in the form of the New Homes Bonus which will reward those councils and communities that deliver new homes and businesses to their area. This will be in addition to any S106 agreements.

Also, the Community Infrastructure Levy has been revised, and a large proportion of that money will have to be spent in the neighbourhood where the development takes place.
The bill also introduces compulsory pre-application consultation, and a requirement to demonstrate that note has been taken of those consultations.

Vanguard communities
On December 8, Ministers announced that they are looking for 12 vanguard communities to volunteer to get involved now. About a dozen communities are sought to trial neighbourhood plans in their area. The experience of these vanguards will help ensure the legislation is workable when it comes into force. Expressions of interest are required by February 2011.

Predetermination
The DLB clarifies the absurd situation whereby councillors have been prevented from voicing opinions or acting on local issues for fear of being considered biased and unable to participate in a vote at committee. It now allows councillors to do what they were elected to do: represent their communities.

This enables developers and planners to seek understanding, and get feedback, from local councillors during the project conception and following submission of the application.

Infrastructure Planning Commission
The bill abolishes this body.

Click here to download the bill (Opens in a new window).
Click here to download the explanatory notes to the bill (Opens in a new window).
Click here to go to the relevant page on the CLG website (Opens in a new window).

 
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