Localism Bill Becomes Localism Act After Royal Assent Granted
16 November 2011
The Localism Bill received Royal Assent yesterday (15 November), meaning it will now pass into law as the Localism Act. But concerns have been raised that communities may lack the "appetite" and funds to make use of it
The Localism Bill has been under close scrutiny by both the House of Commons and the House of Lords since December 2010 and has resulted in a number of amendments being made.
However, the initial "localism agenda", a part of the Coalition Government's planning reform agenda, when taken together with the draft National Planning Policy Framework, has emerged relatively unscathed.
The Localism Act paves the way for a number of important changes to the planning regime in England and Wales, including the abolition of regional strategies, the creation of new Mayoral Development Corporations in London, the abolition of the Infrastructure Planning Commission, and the creation of a new Major Infrastructure Planning Unit, to sit within the Planning Inspectorate and prescribes a new obligation on developers to carry out pre-application consultation for major development schemes.
A new tier of planning has also been created with the introduction of a new right for communities to influence decisions on planning in their neighbourhood. This right includes the ability to influence where communities think development should take place.
Issues have been raised, however, with concerns over the public's willingness to act or have the means to capitalise on the act.
Legal firm Norton Rose partner Nigel Hewitson said: "Neighbourhood Development Plans and Orders will be costly to produce and consult on and will have to achieve more than 50 percent support in a referendum," said Hewitson. "Even if plans overcome these obstacles, it is a moot point how big a change of policy could be effected, given that the neighbourhood plan must be in general conformity with the strategic policies of the existing development plan.
"It remains to be seen how many neighbourhoods will have the appetite - or the wherewithal - to jump through the all the hoops to put Plans and Orders in place."
The Act was signed off by the Queen following eleven months of Parliamentary scrutiny.
Amis congratulations, the Royal Town and Planning Institute (RTPI) said: "the real test of the Localism Act would be its implementation and the resources made available to enable the planning system to deliver it" and has called for a safeguard for existing local plans and arrangements.
It said the public and the development industry can "learn to work with the new regime and implement it in the most effective way".
RTPI president Richard Summers said: "Many issues still need to be clarified, some by legal challenge and others through guidance, but the key issue will be to reduce the continuing uncertainty, cost and delay for the planning system and the development industry".
www.nortonrose.com
www.rtpi.org.uk
Darrel Moore
