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THE LOCALISM ACT 2011its key aspects and implications
A London Councils member event
Wednesday 22 February 2012
The presentation slides will be available online at www.members.londoncouncils.gov.uk
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Speakers
Speakers today are:
Oliver Hatch, Public Affairs Manager, London Councils
Alastair Lewis, Partner & Parliamentary Agent, Sharpe Pritchard
Emyr Thomas, Solicitor, Sharpe Pritchard
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Scope and agenda
Scope:
Large Act – relevance to London - key aspects – starting dates
Agenda:
Block 1: Local government (part), non-domestic rates, andcommunity empowerment Alastair Lewis.
Block 2: Local government (part) Emyr Thomas
Break
Block 3: Planning, Local government (rest), & London (part) Emyr Thomas
Block 4: EU financial sanctions, housing, London (rest) Oliver Hatch
Questions
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Block 4 - sections
Three parts to this
• EU financial sanctions
• Housing
• London provisions
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EU financial sanctions - overview
Four key areas (S.48 – 57)
• Basics
• How much
• Procedure and London Councils role
• consultation
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EU financial sanctions I• Basics
– New power allows government to pass on EU financial fines to boroughs
– Fine would be due if borough ‘caused or contributed’ to the infraction
• How much
– Can be a lump sum or ongoing penalty payment
– Minimum fine from EU would be €8.992 million
– Issue of accountability of authorities outstanding - being addressed in the current consultation
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EU financial sanctions 2• Fine procedure and London Councils role
– Initial procedure not good for authorities and London Councils lobbied on them
– Government made improvements in processInvolvement in setting new EU laws, included in new burdens, chance to comply & independent panel on fines
– It is still a complicated procedure
• Consultation– DCLG now consulting on EU fines procedure
– Deadline for submissions 22 April 2012
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Housing - overviewSix key areas
• Allocation, homelessness
• Tenure reform including flexible tenancies
• Housing finance
• Housing mobility
• Regulation of social housing
• Housing complaints and tenancy deposit schemes
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Housing - allocation
• Allocation (S.145–147)
– Reforms allocation of social housing
– Boroughs have to review allocations
– Will have powers to determine ‘qualifying persons’
– But the key categories remain
– More flexibility, but the context is important
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Housing - homelessness
• Homelessness (S.148-149)
– Homeless responsibility changed
– More flexibility for boroughs
– Tenancies must be for a minimum of 12 months.
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Housing - Tenure reform
• Tenure Reform (S.150-153)
– New duty on boroughs to publish a tenancy strategy.
– Sets out areas where RSLs must ‘have regard’
– Conditions set on housing authorities re homelessness
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Housing - flexible tenancies
• Flexible Tenancies (S.154-166)
– Power to offer flexible fixed tenancies, not less than 2yrs, but no obligation on boroughs to do so
– Specific guidance on offers and terminations
– Tenancy security pertains to people not property
– S.160 removes statutory right to succeed to a tenancy
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Housing – housing finance
• Housing Finance (S.167-175)
– New system of system of council housing finance
– Subsidy system goes – all income to be kept by borough
– Boroughs get more control, but will have to maintain stock
– SoS can set maximum borough debt level
– ‘Tax on tenants’ (negative subsidy) system to end
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Housing – mobility
• Housing mobility (S.176 -177)
– Act paves the way for a national home swap scheme
– Gives regulator power to assist tenancy exchange
– GLA will be launching ‘housingmoves’ scheme
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Housing – regulation of social housing
• Regulation of social housing (S.178-179)
– TSA to be abolished and powers go to the HCA
– HCA regulation committee to have regulatory role of RSLs
– Financial viability, value for money, and governance
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Housing – Complaints & tenancy deposit schemes
• Complaints, deposit schemes & other (S.180-185)
– Changes complaints procedure – one ombudsman and tenants must go through councils & then be referred
– Abolition of home information packs as of 15 January
– Firms up of the rules on tenancy deposits – increasing the rights for tenants for return of deposits
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Mayoral Development Corporations (MDCs)
Four key areas (S.196 - 222)
• Object and establishment
• London Councils role
• Planning, infrastructure, land & other functions
• Recent developments
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MDCs – Object and establishment
• Object (S.201)– Very wide powers
– MDC object is to ‘secure the regeneration of its area’
– May do anything it considers appropriate
• Establishment (S.196-200)– Mayor may designate any area of London an MDC, can
alter the boundaries and make transfers
– Must consult on a proposal but the Assembly can veto it
– Sets up constitution & governance rules for MDCs
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MDCs – London Councils role
• Lobbying success on several issues. Bill changed during its passage on
– Consultation. Equal rights to the Assembly won on the designation of MDC
– Membership. New right that each MDC shall include one elected member of each relevant London borough (MDC membership to be not less than 6)
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MDCs – Planning and infrastructure
• Planning and infrastructure (S.202 – 205)
– MDC can become the planning authority
– MDC may involve boroughs in development control and seek their assistance in plan-making
– MDC may build infrastructure
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MDCs – land functions
• Land and other functions (S.211 - 222)– MDC can regenerate and develop land
– MDCs can, with authorisation from SoS, acquire land and compulsory land rights in or elsewhere in London
– Mayor can transfer MDC property to boroughs
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MDCs – Recent developments
• London Legacy Development Corporation (LLDC)
– Powers on MDCs commenced 15 January 2012
– Olympic Park Legacy Company becomes the LLDC - first MDC to be announced on 8 February
– LLDC starts work on 1 April 2012
– Continues the work of the Olympic Park Legacy Company
– Interim Chair will be Baroness Margaret Ford
– …and talk of other MDCs to be announced too
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THE LOCALISM ACT 2011its key aspects and implications
Questions
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The presentation slides will be available online at www.members.londoncouncils.gov.uk