Community Assets No 13 - Assets of Community Value

Is it time for those in neighbourhoods to create their own list of community assets?. Yes and no; but we should only be interested in assets which have community value.

Although I cannot claim to be a local authority (see Localism Act 2011, s 106(1) and (3)) I have decided to create my generic list of assets of community value (s.  ). As far as I know no similar list exists - but firstly I need to check or try to interpret the Act so as to know what is wanted on my list.

The Act gives the following pointers:

1. building or other land;
2. the actual current use of;
3. in the recent past the actual current use 
4. not an ancilliary use;
5. furthers the social wellbeing or social interests of the local community;
6. reasonable to expect that in the next five years the actual current use (but not necessarily the same as before) could further...etc;

[Note I intend to expand the "pointers" by updating the post later.]

My list would include:

• village greens and town greens - already registered (listed) and protected uner the Commons Act 2006;
• prospective village or town greens (there is an expectation of a result of a government consultation on this topic) ;
• recreation grounds, parks, and other open spaces;
• footpaths, bridleways, cycleways and other such ways;
• land with protected trees, ancient monuments and the like;
• buildings and other assets of historic or architectural worth;
• village halls, community centres, youth clubs and similar premises;
• libraries;
• public houses;
• post offices and other neighbourhood shops; and,
• almshouses and similar establishments for seniors.

Of course, much depends on the community and the existing quality and extent of the environs for its social wellbeing and social interest. Can that be measured objectively?

Community Assets No 12 - 1 CPO-ing and 2 Funding the Acquisition No 1

Community groups may need to find the finance to acquire an asset of community value when exercising the right to bid provisions of the Localism Act 2011, section 98.

Circular 06/04 (as amended with the addition of Appendix AK, p57) advises that local authorities when seeking confirmation of a CPO to must provide details of funding. The expected sources cited elsewhere in the Circular include:

• full funding by the LA itself;
• full or partial funding by the requesting group; and,
• contribution from the private sector. 

Much of the detail is in paragraphs 20 to 23 of Part 1 of the memorandum to the Circular. The paragraphs also explains the need to give details of  possible "impediments" to the project. (See link below.)

http://www.communities.gov.uk/documents/planningandbuilding/pdf/1918885.pdf

It is pretty obvious that the group will have their work cut out in meeting the deadlines of both:

• the compulsory purchase procedures;
• any moratorium and right to bid (Localism Act 2011, ss 95 to 99) resulting from the owner's intended disposal; and,
• grant application procedures if say, a grant from the National Lottery or other body might be sought.

An important point is that all the details should, it seems, be upfront at the time of preparing the draft CPO; the Minister needs to know!

Community Assets No 11 - Neighbourhood Planning

How does a resident get involved in the planning of his/her area? How does a business get involved the planning of their area? To me the involvement  has always seemed hit-and-miss - that is until quite recently. I remember Mrs Rosencrantz being utterly bewildered by a CPO scheme. All the houses around her were being vacated and the occupiers being sent to tower blocks,  new towns, etc. The vacanted houses were being "re-occupied" for very short periods, ie hours or minutes. To stop the occupations I arranged for the floor boards to be removed. Some weeks later Mrs R was still worrried - she said that the floor boards had been replace by mattresses and the occupations continued!

The site eventually became the cleared gound for a brand new school.  It was built and as far as I know it is still there but if it is as the original, it must be due for a refurbishment or rebuilding. Going back to the questions? Will the Localism Act 2011 make a difference to the planning of local areas?

Part 6 Chapter 3 of the Localism Act 2011 comprises six sections (ss 116 - 121) over two or so pages - a doddle. However the references to schedules abound and a quick looking at schedules 9, 10, 11, and 12 seems to indicate that the basics of plan-making and special development controls, etc in the big planning world will be applied to the little planning world (of neighbourhoods)! This is done by inserting sections and schedules into the former.

Of course, most of us will not need to go into the detail of the legislation but our professional advisors who have not had the opportunity to follow the passage of the Bill in detail will spend some evening burning the candles to get into, of instance, the sets of compensation provisions applying to local development orders. Of course, I have chosen a topic which is, conceivably light-years away. More pressing is the prospect of local residents realising the potential that the  2011 Act gives them to get involved and act accordingly so as to initiate their neighbourhood's plan.

Community Assets No 5 - CIL - Changes under the Localism Act 2011

Section 115 et al of the Localism Act 2011 (November 2011) make significant changes to the community infrastructure levy (CIL).  

CIL was originally conceived as providing (some) funds for new infrastructure to support new development. Now it could be argued that CIL has been adapted to provide (some) funds for supporting old development as well as new development. In past times, it might be argued, that a regime of largely uncontrolled section 106 Agreements provided an opaque, ad hoc way of funding  new infrastructure and support for existing  "fabric" in our communities. With CIL the Agreements were expected to fade away unless on-site or site-specific-but-off-site infrastructure was needed for a particular development project.

The changes seem to address the issue. They include the following:

1  Section 115 (5)(a)(ii) on the use of CIL provides amendments to the Planning Act 2008. Thus instead of just funding infrastructure CIL may be used to support development by funding: 

• provison of (new) infrastructure,
• improvement of (existing) infrastructure,
• replacement of (existing) infrastructure,
• operation of (existing and new) infrastructure, or
• maintenance of (existing and new) infrastructure.

[Note: The words in italics are added by me and four of the five "infrastructure" words are mine and superfluous - the Act's textual layout is more than appropriate.]

2 Section 115 (6) is a (seemingly) wide addition to the Planning Act 2008 (by the insertion of a new section 216A). There is now a duty imposed on the charging authority (by forthcoming regulations) to pass funds to a "person" who will hopefully use the money for things listed above but also:

• concerned with addressing demands that development places on an area

This is the provision widely acclaimed as enabling neighbourhoods to have CIL monies (if any). The terms person does not say "neighbourhood" and area could go much wider than for instance a parish council area.

Property No 3 - "Riot " Damage No 2 - Amelioration of Hardship..?

This post reflects on actions needed to give effect to the Coalition government's approach to dealing with hardship arising from the recent riots and civil commotion. 

Hardship following the the loss, damage and destruction of property will be ameliorated by the actions of national and local government departments and agencies. Over the last few years they have swung into action to support those distressed by flooding: now it is the turn of those distressed by the recent riots and civil commotion.  

Income Taxation:  Businesses and individuals who have faced disruption and/or loss of records and other taxation-related documents will find that there will be a sympathetic understanding  of requests for deferment of:

• submissions of returns; and,
• payments of income tax or corporation tax.

Council Tax and/or Business Rates:  Local taxpayers should see a similar approach by their collection authority whereby payment of council tax or rates (and in some cases both) are likely to be deferred - particularly where buildings have been damaged. (Where a building has been destroyed the following should occur:

• payments should cease; and,
• where payments have been made in advance, remittance to the taxpayer should be speedily dealt with by the authorities.)

Hardship:  In other circumstances, charging or rating authorities have powers to ameliorate the hardship of council tax payers or the ratepayers by foregoing the collection of the taxes due.

Assessment (Valuation) for Local Taxation
Where property has been destroyed or damaged by fire or other perils it may be entirely unuseable or only partly useable.  The payer of council tax or business rates want to ensure that no unnecessary tax will be paid.

Early action by the officers of the Valuation Office Agency (VOA) might be expected to be put in hand to: 

• remove from the valuation lists for council tax and/or business rates the entries for any completely destroyed buildings - at least until they are completely reinstated and re-occupied; and, 
• where a damaged building has to be partly demolished, its speedy revaluation will ensure that adjustments (downwards) of any due payments of council tax and/or rates will not be unnecessaril;y higher than they should be (but see above about deferred payments). 

Vacant Property Rates and Councxil tax:   Hopefully, where re-occupation is delayed after reinstatement, any vacant property rates or council tax which may otherwise be due will be waived.

Small  Business Premises:   Where a business occupies small premises (with reference to the rateable value) the occupier may apply to the council for a reduction in the rates payable. Where a business has been disrupted, a ratepayer may find  that they are:

• forced to move to smaller premises; or
• forced to reinstate a damaged large property as a smaller property.

 In these circumstances the ratepayer may be eligible to small business premises rate relief - a claim should be made accordingly. [Please note : The Localism Bill has a clause providing that the ratepayer will receive the relief "automatically" - but this must await  Royal Assent to the Bill.]

Property No 2 - "Riot " Damage No 1 - Compensation and Insurances Questions..?

The reader is advised that the information in this post is based on the Prime Minister's recent statement and other published information - it is important that anyone needing help should contact their insurer or other advisers. 

A person who has suffered damage to building or property or who has property stolen is likely to be indemnified in some way. Two possible ways are:

• indemnification under a policy of insurance; or
• compensation under the Riot (Damages) Act 1886. 

Where insurance is paid the insurance principle of "subrogation" means that the insurance company will be able to recocover the insurance payments under the 1886 Act. 


No Insurance Policy
Where an owner and/or occupier is not covered by an insurance policy it seems that the only recourse would be to make a claim for compensation to the local police authority under the Riot (Damages) Act 1886  procedures. Speedy action is of the essence.

Insurance Policy - No Valid Cover
In many standard insurance policies "riot and civil commotion" are not covered but may be covered as a "special peril". In all cases the insured should get it touch with their insurance company. Again the 1886 Act is likely to give effect to compensation by direct application.

Insurance Policy - Valid Cover
If the policy covers the loss, a claim will be considered by the insurance company under the policy. It is likely best to proceed on this basis but as noted above the subrogation will apply..

"Riot" Compensation
Here the 1886 Act is likely to apply and a claim should best be made to the police authority for the area in which the property is situated. The period of claim has been extended to 42 days but every endeavour needs to be made to act quickly.

Buildings owned by Bodies in the Public and Voluntary Sectors
The 1886 Act appears to apply to most kinds of urban buildings including churches, hospitals and other buildings owned by bodies in the voluntary and public sectors. 

Burden of Compensation
Although the police are the "compensating authority" the burden of the compensation provisons will be borne by the payers of local taxes and/or the national taxpayers (to the extent that the Coalition government contributes.

Future
It may be that past calls for the remains of the Riot (Damages) Act 1886 to be repealed will be heeded. The Act is a shadow of the original but the effect is that indicated above. The issue is a fourfold question,namely:

• Should the government (taxpayers) bear the brunt of such losses?
• Should the insurance industry take up the challenge make the "special peril" a standard?
• Should the local community (local goverment tax payers) take the brunt?
• Should we all be self-insured? 

Community Assets No 7 - Local Authority Property and community Value (Update 2 - 18 November 2011)

At last the Localism Act 2011 is established in law? The links below describe how local authorities will be required to publish information about their own property - the description gives an aggregate of the open market values of all such property.

However, the 2011 Act provides for some local authorities to make a list of assets (land and buildings) which have "community value" (which is not be the same as "open market value"). I suppose that the list will certainly include assets deemed or nominated as community assets belonging to bodies and individuals who are not local authorities: but will the list include local authority property assets? No doubt the forthcoming regulations will tell us.

Whilst browsing I hit upon a DCLG site which gave a pretty map of the locality with all kind of coloured pointers.  Hitting on the pointers I received some detailed information about the public property on each hit, such as a) name, b) address, c) postcode, d) organisation, e)contact, d) currency (date), e) area,  f) use status,  g) tenure, h)  easting,   i)  northing,  j) reference,  and i)  ID.  Will future such lists indicate public property which has community value?

[Please Note:  Wish I could show you but my viewing was (apparently) for my eyes only (or more complicated words than that)!  Having signed the OSA I felt obliged to resist showing you the many boxes which state "Data Not Available". Nevertheless once it is fully developed it should prove a useful first pointer for residents and others of what is out there in the public domain. However, I am not allowed to copy it and there was hint that it may be shown for a limited time; even if it stays for ever, I may not be able to find it again! It has been an exciting half hour!!! Sad.]
http://www.24dash.com/news/housing/2011-08-05-Pickles-orders-councils-to-publish-assets?utm_source=24dash+newsletter+subscribers&utm_campaign=1c4848811f-UA-31909-1&utm_medium=email