Community Development Alliance Scotland

Localism Bill

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This newly published Bill contains a variety of proposals (Government Guide), including:

“Neighbourhood plans” or the “community right to build”. The idea is that parish councils and “neighbourhood forums” come together to decide plans, voted on in local referendums which will define developments which should have automatic planning permission. Under plans previously unveiled by the Government the community right to build was restricted to rural areas, but the bill states that the new powers will apply to communities in urban areas as well. The coalition has also reduced the level of public support required for community-led planning developments to go ahead, from 75 per cent of local residents – a figure that was proposed in the summer – to 50 per cent of residents.

A “community right to buy”, which will require local authorities to maintain a list of public or private assets that have been put forward by residents or voluntary groups as being of potential value to the local community. When listed assets come up for disposal communities will be given the chance to develop a bid and raise the capital to buy the asset when it comes up for sale on the open market.

A “community right to challenge”. Voluntary groups, social enterprises, parish councils and others will be able to express an interest in taking over council-run services, which the local authority will have to consider and may lead to a bidding exercise.

Allowing communities and groups of social housing tenants to form trusts that would decide on the amount and type of affordable housing in an area. They would then be able to take steps to deliver new developments, without having to submit a planning application. Local housing trusts would have to prove that any new schemes had support from an “overwhelming majority – around 90 per cent – of the local community”. They would also have to meet some “basic planning criteria”, but would not have to lodge formal planning applications.

A ‘general power of competence’ allowing local authorities, including certain parish councils, to carry out any lawful activity and operate any lawful business.

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