Issue - meetings

A report is attached describing how the Localism Act impacts on the work of the Environment, Culture and Communities Department.

The Borough Solicitor presented his report on the Localism Act which received the Royal Assent in November 2011.  The most relevant areas in terms of the Environment, Culture and Communities Department were:

Planning, particularly

• the abolition of Regional Strategies, although the Council would need to have an appropriate assessment of housing need;
• amendments to the Community Infrastructure Regime to allow CIL to be used for future infrastructure maintenance and to provide some of the CIL receipts to Parish Councils;
• promoting neighbourhood planning – this could lead to a budget pressure as assistance, not financial, would need to be given to Parish Councils;
• amending development control legislation
• powers to tackle unauthorised advertisements and graffiti.

Housing, particularly

• flexibility in the allocation of housing;
• requirement to publish a Tenancy Strategy;
• flexible tenancies.

Assets of community value - giving local communities the opportunity to express an interest in purchasing land or buildings of community value.

Pre-determination – the Act did not entirely abolish the rule against pre-determination but it contained provisions aimed at allowing members to express a view inadvance of a meeting.  The Borough Solicitor explained that case law, not statute, was relevant in pre-determination and the law in recent years had taken a more lax view.  The Panel noted that the Protocol for members in dealing with planning matters would be reviewed.