Localism

How will localism affect community infrastructure?

One of the central elements of the Coalition's programme for government is localism. Localism is a move away from the current ‘top down’ style of government to a ‘bottom up’ system where local councils and communities play a more active role.  The Localism Bill was introduced to Parliament on 13 December 2010 and received Royal Assent on 15 November 2011.

The intention of the bill is to initiate a shift in the balance of power and to decentralise power as far as possible, and push power downwards and outwards to the lowest possible level, including individuals, neighbourhoods, professionals and communities as well as local councils and other local institutions.

The Localism Bill includes five key measures that underpin the Government's approach to decentralisation.

  • Community rights
  • Neighbourhood planning
  • Housing
  • General power of competence
  • Empowering cities and other local areas

This could present some challenges to the civil engineering community in how delivery of services takes place.  To provide further information on the changes that the Localism Bill will enact, the Department of Communities and Local Government have produced a Plain English Guide to the Localism Act. This guide describes the main measures of the Localism Act under four headings:

  • New freedoms and flexibilities for local government
  • New rights and powers for communities and individuals
  • Reform to make the planning system more democratic and more effective
  • Reform to ensure that decisions about housing are taken locally

This document is designed to give an overview only. You can read the Act and its explanatory notes in full, on the parliament website at the address below: http://services.parliament.uk/Acts/2010-11/localism.html.  The document Decentralisation and the Localism Act: an essential guide also gives further background. It explains how the principles that underpin the Localism Act also inform other government policies: http://www.communities.gov.uk/decentralisationguide

Activity undertaken by the Institution of Civil Engineers' to establish its' policy on the view on Localism and Decentralisation Bill. 

The Localism Bill received Royal Assent in mid-November, becoming the Localism Act. It has important implications for infrastructure, and ICE worked hard over the past year to improve the Bill.

Early engagement

In anticipation of the Bill, ICE formed a Lifed Panel, chaired by Vice President, Geoff French, assisted by members Peter Hinson, Richard Fish, and Kevin Whiteside. Initial concerns about the Bill included:

  • the weakness of the “Duty to Co-operate”, intended to replace Regional Strategies for “larger-than-local” planning
  • local referendum and neighbourhood planning proposals that threatened to undermine legitimate planning processes
  • changes to the Community Infrastructure Levy (CIL) that could undermine infrastructure planning, prioritisation and delivery.

ICE communicated its concerns to MPs, and worked with other institutions to improve the Bill. MPs generally obey the party whip when scrutinising bills, however, so no changes were initially accepted. Nevertheless, some of our arguments were conceded by the Greg Clark, Minister for Planning and Decentralisation.

Into the Lords…

An amended Bill for the House of Lords strengthened the Duty to Co-operate and improved neighbourhood planning. ICE’s focus thus moved more to protecting the CIL's original remit (to provide important new infrastructure), and supporting efforts to amend referendums clauses.

The Lords often provides the best opportunity to improve bills. Many Lords have considerable subject expertise, and – crucially - are freer to debate and amend legislation than their counterparts in The Other Place.

ICE amendments to the CIL clauses placed by Lord Jenkin of Roding, a long-time friend of the Institution. He most ably led debate in the chamber, and arranged a meeting for ICE with Earl Atlee (for the Government) and relevant civil servants.

The “Third Reading” version of the Bill incorporated changes to the CIL clauses and removed the referendums sections entirely (a late bid to restore them was withdrawn). ICE's amendments were not preferred over the Government’s but Lord Jenkin secured a commitment that most CIL income will be protected. This may require subsequent regulation but - with councils' capital funding being significantly reduced (and CIL estimated at £1 billion per annum by 2016) it could be significant.

ICE is indebted to ADEPT (formerly the County Surveyors Society), British Chambers of Commerce, British Property Federation, the Chartered Institution of Highways and Transportation, and the local government Technical Advisers Group for their support.

What next…?

ICE has already begun to discuss how best to support members’ practical engagement with localism. Local Enterprise Partnerships (LEPs) and the Duty to Co-operate are the source of many questions around the country, and pose challenges for national and regional structures. Government hopes a thousand flowers bloom – but there are many different varieties, seeded in many different terrains. Some will blossom - others will fail even to take root.



ICE would like to hear your views on localism

Visit the Localism on-line community on the ICE website.  If you are not already registered with the ICE website, you will be prompted to do so.  Registration is open to members and non-members and should take only a few minutes to complete.