Localism Act: what’s in force?

The Localism Act came into force on 15 November 2011 and its provisions are slowly being brought into effect. This Lawbite provides an update on the provisions now in force and which are likely to be of most interest to those involved with property development.

Abolition of Regional Spatial Strategies (RSSs) (section 109 and Schedule 8)

• All legislation dealing with requirements to prepare RSSs is now abolished.
• The abolition of RSSs themselves is to be done under Regulations made by Secretary of State. This will have to await the outcome of the Strategic Environmental Assessments (SEAs) to be carried out in respect of each RSS. Until then, RSSs will continue to form part of the Development Plan for the purposes of determining a planning application (and those provisions remain in force).

Local Plans (sections 111 to 113)

• The requirement for Local Development Schemes to be submitted to Secretary of State is abolished and consequential amendments to the publicity for such schemes are made (section 111).
• The requirement for annual monitoring reports to be submitted to the Secretary of State is also abolished. Consequential amendments relating to requirements for monitoring reports are made (section 113).
• Other amendments to Local Plan adoption and withdrawal procedures, including the requirement for Inspectors to recommend adoption, non-adoption or modifications are made. Also, there is an increased ability for a Local Planning Authority to withdraw a Plan and for the Secretary of State to direct withdrawal (section 112).

Duty of authorities to co-operate in relation to the planning of sustainable development (section 110)

• DCLG has indicated that in assessing whether a Core Strategy is sound, Inspectors will be expecting to find evidence of co-operation between neighbouring Local Planning Authorities. Whilst joint Plans across Authorities are a clear example of this, quite what it will mean in practice where each Authority is producing its own Plan remains to be seen.

Neighbourhood Plans, Neighbourhood Development Orders and Community Right to Build Orders (sections 116 to 121 and Schedules 9 to 12)

• Powers for the Secretary of State to make Regulations or publish documents setting standards are now in force. A consultation on Neighbourhood Planning Regulations closed on 5 January 2012.
• Powers for the Secretary of State to prescribe matters by or make provision in Development Orders are in force.
• All formal amendments to current legislation have still to be introduced. We expect to see this at the same time as the Neighbourhood Planning Regulations are published and brought into effect.

Pre-application consultation (section 122)

• Powers for the Secretary of State to make a Development Order are in force.
• New provisions to be introduced to section 61 of the Town & Country Planning Act 1990 will require a Development Order to specify the types of development and the persons required to be consulted before an application for planning permission is submitted. We expect the provisions to be brought into effect at the same time as amendments are made to the Development Management Procedure Order 2010.

Duty to take account of local finance considerations (section 143)

• The duty to take account of local finance considerations has been in force since 15 January 2012.
• This is only to be considered so far as relevant to the planning application in question and is not to override other material considerations
• Finance considerations are defined narrowly to mean funding from Government (the New Homes Bonus) or Community Infrastructure Levy (see below).
• These provisions do not apply in Wales

Pre-determination (section 25)

• Pre-decision views of Council Members are not to be regarded as pre-determination of the issues on determination of a planning application from 15 January 2012.

Community Infrastructure Levy (CIL) (sections 114 to 115)

• Amendments relating to the approval of charging schedules, including the need for modifications, following an Examination in Public came into effect on 16 November and will, therefore, apply to all CIL charging schedules now coming forward (section 114).
• The scope of CIL is now extended to include improvement, replacement, operation or maintenance as well as provision of infrastructure (section 115).
• Provision is included to amend the CIL Regulations to require charging authorities to consider funding for things other than infrastructure which are concerned with addressing the demands that development places on an area (section 115).
• New sections 216A and 216B of the Planning Act 2008 are introduced to allow Regulations to be made to require charging authorities to pass CIL on to another person to provide infrastructure or anything else concerned with addressing demands that development will place on an area (section 115).
• Consultation on the new proposals and draft Regulations to require authorities to pass a “meaningful proportion” to the local elected Council for the area where development takes place closed on 30 December 2011.
• Consultation is also proposed allowing CIL to be used for (off-site) affordable housing provision and to extend liability to developments permitted by Neighbourhood Development Orders and Community Right to Build Orders (although liability would not apply to these until 6 April 2013).

Assets of community value (sections 87 to 108)

• Powers of the Secretary of State or the Welsh Ministers to make Regulations or Orders are in force.
• All other requirements relating to a Local Authority’s duty to keep lists of assets of community value, how assets are added to the list, restrictions on the disposal of such assets and associated matters have still to be introduced.

For further information, please contact Neil Baker or Karen Howe.

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