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Planning and Housing

 CLA Briefing Note - Localism Act 2011 - Assets of Community Value

This briefing note provides a basic introduction to the Assets of Community Value (ACV) provisions introduced by the Localism Act 2011.  This briefing note does not take account of, as yet, unpublished draft regulations which the Government expects to lay before Parliament before the Easter Recess.

 CLA Briefing Note - Localism Act 2011

The Localism Bill received Royal Assent on 15 November 2011 and is now the Localism Act 2011 (the Act). It contains over 200 sections and 25 schedules covering a wide range of issues. It runs to some 496 pages!

Different parts of the Act will come into effect at different times. The Government says it will be issuing regular updates on likely start dates and public consultations on various parts of the Act. The latest news will be found on the www.communities.gov.uk and the CLA will endeavour to keep members updated, indeed some possible commencement dates are included in the briefing note.

The briefing note covers a summary of key parts of the Bill of interest to all CLA members. Some of the provisions apply in England and Wales, but where provisions only apply in England, the briefing note specifically says so.




The Community Infrastructure Levy Regulations are explained to members in this CLA briefing note.

The CLA calls on the Government to:

  • Take a balanced approach to sustainable development,
  • Accept that rural economic activity and associated development is essential,
  • Ensure the planning system is proportionate and easy to understand,
  • Reduce obstacles to sustainable development, especially planning conditions and levies,
  • Give landowners who provide affordable housing the right to nominate tenants and manage the housing if they wish,  and
  • Provide grant aid and tax incentives for private landowners who provide affordable rural housing.

Rural Coalition

In August 2010, the Rural Coalition published "The Rural Challenge", a report outlining detailed proposals to give local people, entrepreneurs, community groups and councils the ability to bring about positive change that will ensure a thriving future for the countryside. The report is a blueprint for delivering the Big Society in the small places which are at huge risk unless action is taken now.

View the CLA Rural Coalition webpage.


Planning for Change in the Countryside

The CLA's new planning policy, Planning for Change in the Countryside, calls for Britain's failing planning system to be mended.

We believe the planning system needs to be flexible and transparent and that the cost and difficulty of obtaining planning permission should be proportionate to the scale of a project.

The system must be reformed to stop rural communities from becoming unsustainable because of restrictions to economic development and job creation in the countryside.

Most CLA members run rural businesses and deserve a planning system that supports their hard work and innovation. (1 June 2010)

New Planning Guidelines

After years of CLA lobbying, real improvements were made to the planning application system. The Government should make it much harder for local planning authorities to demand unreasonable and expensive amounts of paperwork from those seeking planning permission.

Bureaucracy is put back in its box

In the past some applicants gave up because of the amount of supporting material authorities demanded. The new guidelines say those applying for planning permission should only have to provide information that is "relevant, necessary and material" . The word "proportionality" is mentioned 24 times. It should be much easier now to apply moral pressure to make authorities drop unreasonable demands.

There are many other changes, including extra permitted development rights for non-residential development. Find the new guidelines: Guidance on Information Requirements and Validation and Development Management Policy Annex.

Our Policy Work

The CLA puts across the views of  those who own land, both to government departments and consultative bodies on plannning issues. Some owners have one acre, others thousands. We represent them all. Often we are the only voice speaking for owners' interests.

Reform of the planning system is at the forefront of our work with central Government.

We work and comment on:

  • National planning policy statement reviews,
  • New development plan procedures, and
  • Changes within the development management system.

We work with the Department for Communities and Local Government, the Department for the Environment, Food and Rural Affairs (Defra), the Department for Transport and the Department for Business, Innovation and Skills on planning-related issues. 

The CLA represents members on many working and steering groups and national forums.

We give members detailed advice on all aspects of planning. The CLA regional teams represent members on regional forums and with regional spatial and housing strategies and local development frameworks.

Consultations

The CLA believes a much more effective advice system is needed to help those who have not yet put in a planning application.

It is common for applicants to be asked for £500 for a meeting with a junior planning officer who says little of use or whose guidance is completely ignored by the authority at a later stage. We are putting our views forward in consultations on the new Development Management Planning Policy Statement, which is part of the Killian Pretty reform process.

We also want  clear reasons to be given when applications are refused. Vague waffle like "incompatible with Policy H16" or "would damage local amenity" give the applicant little idea what has gone wrong. And we believe that when formal consultees such as English Heritage or the Garden History Society do not support an application, the reason should be given. At present they do not  need to explain themselves.

(April 2010)

CIL is now in force

Members should note that they now have three years to develop their properties before the Community Infrastructure Levy (CIL) is charged.

This concession by the Government to the cold economic climate comes after many robust representations by the rural lobby group instigated by the CLA. See our briefing note on CIL regulations.

The Community Infrastructure Levy is now in force. Local authorities will be looking carefully at how they will apply it in their areas, and the CLA will be working hard to ensure that they clearly understand the full adverse impact it might have on rural development.

For developers themselves there is a transitional period of adjustment. This is a three-year exemption, so development is free of CIL until 2013 - even in areas where a CIL charging schedule exists before that.

After 2013 local authorities will be allowed to apply it to most types of new development. CIL charges will be calculated using formulae based on the size (net increase in floor area) and character of a development. 

The rate of the charge will be set at local authority level. Proceeds will be spent on local and sub-regional infrastructure to support the development of the area. (April 2010)

Quick Links


Planning News

Submission

We have submitted evidence, including that sent in by members, to the Penfold Review of Non-Planning Consents. This review is considering practice in England, and where appropriate, Wales.  "Non-planning consents" are those which have to be obtained alongside or after, and separate from, planning permission to complete a development.

They include permits for waste, water, listed buiilding and conservation consent, fire approvals and so on. The Penfold Review hopes to identify areas which can be streamlined. (February 2010)

Read the consultation document


 A report on Green Belts published by Natural England and the Campaign to Protect Rural England appears to suggest that established planning policy on Green Belts should be used to secure environmental aims by the back door. Read our reaction.

(January 2010)

See more detail on the Community Infrastructure Levy.

Past Successes

Planning for Sustainable Economic Growth (PPS4)

The CLA ensured that this new policy statement took on board much of what we argued about the importance of a more posititve approach to rural economic development.

It sets out the Government's policy framework for planning for sustainable economic development in rural areas. The policy supports sustainable economic growth, protects local markets and small shops and will help councils make the decisions to help speed up economic recovery in rural communities.

The Department for Communities and Local Government (planning page) 

The Planning Inspectorate  

Planning Portal - services and guidance on the planning system

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Policy Contact


Fenella Collins MRICS
Head of Planning

A chartered surveyor with responsibility for CLA policy on planning and housing issues. Advises on policy including national, regional and local planning and the community infrastructure levy.

T: 020 7235 0511
fenella.collins@cla.org.uk

Media Contacts


Ollie Wilson
Director of Communications

T: 020 7460 7936
F: 020 7460 7962
ollie.wilson@cla.org.uk


Lisa O'Brien

National Press Officer

T: 020 7460 7934
lisa.obrien@cla.org.uk


Out of hours: 020 7201 9511

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No responsibility for loss occasioned to any person acting or refraining from action in reliance on or as a result of the material included in or omitted in this website can be or is accepted by the author(s), the CLA or its officers or trustees or employees or any other persons.

The Advisory Services are made available to members on the basis that members' rights to compensation and the liability (if any) of CLA and its officers and/or its staff advisers, are restricted in the following ways. In the event of any advice given by any CLA staff adviser being given negligently or otherwise being incorrect no liability whatsoever is accepted by the CLA or its officers or by its staff advisers concerned

(a) towards any person who is not the current CLA member to whom the advice was directly given,

(b) to any person in the respect of consequential loss or loss of profits, or

(c) to any person for any sum exceeding £50,000 in respect of any one enquiry (whether made or responded to orally or in writing and whether dealt with at one time or over a period of time).

Any person making use of the Advisory Services accepts such restrictions. Members should refer to appropriate professional advisers in private practice before taking any particular course of action potentially or actually involving any substantial amounts of money.

Please note that whilst the advisers are able to advise on a wide range of subjects relating to land ownership, they cannot act in place of a member's own solicitor, accountant, surveyor and tax specialist by, for example, drafting documents or corresponding on their behalf and may be precluded, by the rules of their own professions, from advising one CLA member against another CLA member in the case of conflict.

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