• New Rights put Communities in Control of Their Futures – Government introduces new measures

     

    On the 6th April 2012 the Government  introduced new rights to give Communities the ability to shape the future of their local area.  The Community Rights have been designed to cut bureaucracy so that power is more localised and to unlock innovation.  This introduction is part of the Localism Act 2011 and the introduction on the 6th April sees the first two rights being introduced out of four areas in total.

    Initially two Community Rights have been introduced:

    Community Right to Build – This gives local interest groups the powers to deliver the types of development that happen in their area.  The development types will suit the requirements and needs of the area.  This could be building new homes, new businesses, shops, playgrounds or meeting halls.  The Local community members will be able to put forward the development proposals.  These groups must be a formal organisation and must be set up to further the social, economic and environmental well being of the local community.

    This right to build should be implemented into 9 stages by the Community Rights website:

    1. Identify a need for development in your area

    2. Make sure your cour group can use the Community Right to Build

    3. Define your neighbourhood area

    4. Develop your proposals

    5. Create your ‘Community Right to Build Order’

    6. Get the order checked

    7. Hold a community referendum

    8. The local planning authority approve the order

    9. Start development

    The second right is the Right to Neighbourhood Planning.  This enables communities – both residents and businesses – to come together through the Parish Council, Town Council or Neighbourhood Forum and draw together a neighbourhood plan.  The restriction is that the groups must consist of at least 21 people.  The neighbourhood plan will be utilised by communities to see full or outline planning permission granted in areas where they most want to see new homes and businesses.  The plan must still meet national planning policy, with a strategic vision for the wider area set by the local authority and other legal requirements.  If the criteria is met the local community will then be able to vote on the plan through a referendum.  This process is described in four steps by the Community Rights website as:

    1. Decide on your neighbourhood area

    2. Prepare a plan and/or order

    3. Get your plan or order checked

    4. Hold a community referendum.

    The Local Authorities have a duty to support and advice groups undertaking Neighbourhood Planning.

    The two further rights of Community Right to Challenge and Community Right to Bid should come into effect between May and July 2012.

    The launch of the Community Rights coincides with the National Planning Policy Framework (NPPF) which all see moves towards communities driving forward the developments that happen within their area.  The criteria for sustainable design and development within the NPPF combined with these rights should see communities engaged with developing their local area to ensure long term growth to ensure the needs of current and future generations are met.  The downfall of this could be that if community groups focus on limiting change and preventing development, resulting in stagnating the development of an area, this is where the community referendum should address this issue.

    Only the future will see how this is driven forward and utilised by communities.

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