Extracts from the Plain English Guide to the Localism Act below.
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here to see the complete Guide.
There will be a transition period before all provisions of the Act come into force. Details are not yet available for the complete timetable for this.
Guidance on how the provisions of the Act should be interpreted is also being drawn up.
One aspect of this is currently the subject of a
consultation on Neighbourhood Planning Consultations which covers how a local authority is expected to decide on whether a Neighbourhood Development Forum is to be recognised and how to carry out referendums on emerging Neighbourhood Development Plans etc .
The detailed requirements for setting up a Neighbourhood Development Forum, or at what scale of development the requirement to carry out pre application community involvement will apply will be in the guidance yet to be made available.
From the Localism Act 2011:
page 15 Neighbourhood planning
Instead of local people being told what to do, the Government thinks that local communities should have genuine opportunities to influence the future of the places where they live. The Act introduces a new right for communities to draw up a neighbourhood plan.
Neighbourhood planning will allow communities, both residents, employees and business, to come together through a local parish council or neighbourhood forum and say where they think new houses, businesses and shops should go – and what they should look like.
These plans can be very simple and concise, or go into considerable detail where people want. Local communities will be able to use neighbourhood planning to grant full or outline planning permission in areas where they most want to see new homes and businesses, making it easier and quicker for development to go ahead.
Provided a neighbourhood development plan or order is in line with national planning policy, with the strategic vision for the wider area set by the local authority, and with other legal requirements, local people will be able to vote on it in a referendum. If the plan is approved by a majority of those who vote, then the local authority will bring it into force.
Local planning authorities will be required to provide technical advice and support as neighbourhoods draw up their proposals. The Government is funding sources of help and advice for communities.1 This will help people take advantage of the opportunity to exercise influence over decisions that make a big difference to their lives.
Pre Application consultation: page 16
Requirement to consult communities before submitting certain planning applications
To further strengthen the role of local communities in planning, the Act introduces a new requirement for developers to consult local communities before submitting planning applications for certain developments. This gives local people a chance to comment when there is still genuine scope to make changes to proposals.
Enforcement: page 16
Strengthening enforcement rules
For people to have a real sense that the planning system is working for them, they need to know that the rules they draw up will be respected. The Localism Act will strengthen planning authorities’ powers to tackle abuses of the planning system, such as deliberately concealing new developments.
CIL: page 16
Reforming the community infrastructure levy
As well as being able to influence planning decisions, local people should be able to feel the benefits of new development in their neighbourhood. Local authorities are allowed to require developers to pay a levy when they build new houses, businesses or shops. The money raised must go to support new infrastructure - such as roads and schools. This is called the community infrastructure levy.
The Localism Act will change the levy to make it more flexible. It allows some of the money raised to be spent on things other than infrastructure. It will give local authorities greater freedom in setting the rate that developers should pay. And crucially, the Act gives the Government the power to require that some of the money raised from the levy go directly to the neighbourhoods where development takes place. This will help ensure that the people who say ‘yes’ to new development feel the benefit of that decision.
Local plans: page 16
Reform the way local plans are made
Local planning authorities play a crucial role in local life, setting a vision, in consultation with local people, about what their area should look like in the future. The plans local authorities draw up set out where new buildings, shops, businesses and infrastructure need to go, and what they should look like.
The Government thinks it is important to give local planning authorities greater freedom to get on with this important job without undue interference from central government. The Localism Act will limit the discretion of planning inspectors to insert their own wording into local plans. It also ensures that rather than focussing on reporting progress in making plans to central government, authorities focus on reporting progress to local communities.
NSIPs: abolition of Infrastructure Planning Commission: page 16-17
Nationally significant infrastructure projects
Some planning decisions are so important to our overall economy and society that they can only be taken at a national level. These include decisions on nationally significant infrastructure projects such as major train lines and power stations. Previously these decisions lay in the hands of an unelected public body, called the Infrastructure Planning Commission which is not directly accountable to the public. The Government thinks that these important decisions should be taken by Government ministers, who are democratically accountable to the public. The Localism Act abolishes the Infrastructure Planning Commission and restores its responsibility for taking decisions to Government ministers. It also ensures the national policy statements, which will be used to guide decisions by ministers, can be voted on by Parliament. Ministers intend to make sure that major planning decisions are made under the new arrangements at least as quickly as under the previous system.
