The Localism Bill

There has been lots of press coverage on the provisions of this bill as it continues on its path through parliament and rightly so as it contains significant and radical reforms to the planning system we are used to. The whole concept of devolving power to the people relies on communities getting organised and taking responsibility for community services and facilities.

The Localism Bill introduces reforms enabling communities to formulate new neighbourhood plans, hold referendums on local issues and nominate assets of community value.

The Community Assets Register has implications that are of concern. Nominated land or property which is identified as important by the local community, if supported by the Council, will be listed on the register and recorded as a land charge, irrespective of ownership. The problem could arise at disposal, when a sale could be halted to allow the community time to raise funds to make a bid.

Whilst this may not be a new form of compulsory purchase, these nominations certainly have the potential to blight future development and land values. We must wait to discover who might qualify as part of the community having the power to make these nominations and if there are to be compensation provisions for disadvantaged owners.

Enforcement Measures, The Government has been embarrassed over the last year by a number of cases involving concealed unauthorised development, the most famous perhaps being Mr Fiddler's home behind the haystacks. Their response has been to introduce new powers to allow magistrates to make a planning enforcement order against unauthorised development irrespective of how much time has passed since that development first took place.

It is not yet clear how these proposals would affect the ability of landowners to secure certificates of lawful use in future. It is also proposed that a planning authority should be able to refuse to consider a retrospective planning application if enforcement proceedings have begun.

Karine Swanson    01743 241181