Community Rights Andy Perkin Development Officer Locality Locality

Community Rights Andy Perkin Development Officer Locality

Locality is the leading nationwide network of settlements, development trusts, social action centres and community enterprises.

Locality was formed through the merger of bassac and the Development Trusts Association, two leading networks of community owned and led organisations.

Locality members ity n u m Com d le d to Committe ty communi e enterpris In ent d n e dep 700 Driv in soci g a chan l ge Develo ping assets n members i the UK h hic w f o s i m 2 7 £ 1 ed n r a e me o c n i 5, 500 staff & 20, 000 volunteers Combi ne income d of £ 325 m £ 660 m community assets

Fabulous Beasts! … business startups, managedworkspace, recycling, environmental improvements, public space, environmental improvements, managementofof public micro credit, debtand counselling, welfare advice, space, micro advice credit, and advice debt counselling, energy efficiency advice, family support, carechild advice, energy efficiency advice, family child support, services, community grants schemes, affordable housing, care services, community schemes, affordable volunteering, job training, education, youth housing, volunteering, job supplementary training, supplementary work, community safety, community transport schemes, festivals and education, youth work, safety, transport arts activities, sports andarts leisure, community schemes, festivals and activities, sportscafes and leisure, restaurants, cafes food and markets, healthy food living markets, schemes…. healthy and community restaurants, much, schemes…. much more. and much, much more. living

The Challenge grant funding assets enterprise

Moseley Community Development Trust

Ledbury and Area Development Trust

Stourport Forward

Burslem School of Art Trust

New Community Rights BUILD BID CHALLENGE

Community Right to Build BUILD small scale, site-specific developments without planning permission

BUILD Welcome to NEIGHBOURHOOD PLANNING Please drive carefully

BUILD Community Right to Build • a specific kind of neighbourhood development order Like Neighbourhood Development Plans – • neighbourhood area needs to approved by the Local Planning Authority • CRt. B Order must be in ‘general conformity’ with the NPPF and local plan • independently assessed • subject to a local referendum

BUILD Community Right to Build • allows specific proposals to be developed without planning permission • may be used as part of a neighbourhood plan or separately • expected to be mainly used for small scale housing in rural areas • but can be used for shops, businesses, community facilities, playgrounds, small scale power generation, etc

BUILD Who can submit a CRt. Build Order? • parish council or existing neighbourhood forum • local charities • incorporated community organisations - ‘established for… furthering the social. economic & environmental well-being of individuals living, or wanting to live, in a particular area’

BUILD Opportunities • revenue generated stays with the community • take advantage of CIL and New Homes Bonus • encourages community spirit and ownership • encourages partnerships with developers

BUILD Challenges • small scale – 5 to 20 houses • community must acquire the land capital to develop • may be easier to just get planning permission in most cases

BUILD Funding for CRt. Build • available from Homes & Communities Agency (HCA) • £ 17½ million over 3 years (2012 -15) • help towards the cost of preparing a CRt. Build Order, local consultation and developing the scheme • not intended for building, land or development costs

Community Right to Build BUILD any questions?

Community Right to Bid BUY

Right to Buy? Land Reform (Scotland) Act 2003 - stimulated a series of community land buy-outs - more than half the Western Isles now in community ownership

Community Right to Bid BUY BBID UY delay the sale and bid to buy assets of community value

BID Right to Bid (Assets of Community Value) “aims to ensure that buildings and amenities can be kept in public use and remain an integral part of community life”

BID Assets of Community Value

BID List of assets of community value The Pub? The Post Office? The Village Hall? The Corner Shop? The School? The Allotments?

BID Assembling an assets list • LAs to list assets of ‘community value’ • Public, private, and VCS owned • Nominated by Parish Council, community council, or a locally connected voluntary or community body • LA must inform owner and nominee • Right of appeal for landowner • 5 year listing The Pub? The Post Office? The Village Hall? The Corner Shop? The School? The Allotments?

BID What is Community Value? Must further the social well-being or cultural, recreational or sporting interests of the local community This must be its principal use Must continue to further the social wellbeing or interests of the local community

BID Moratorium Period • Triggered when owner wants to sell • During which the owner cannot conclude sale • 6 weeks for community group to notify LA they wish to bid • 6 months to raise capital to purchase • Followed by a protected period – 18 months: to protect owner from repeated attempts to block sale

BID Exemptions • • If disposal is a gift Disposal between members of family If part of bigger estate If a going concern business is operating (providing that sale will result in the business continuing)

BID The Opportunity • A legal mechanism to encourage community ownership of assets • Owners viewing assets in a completely different way – as valuable community resources – and recognising they have a responsibility to ensure their preservation

BID Challenges • • Does it discourage less than market transfer? Treatment of BME and Community of Identity? More liabilities than assets? 6 months (development time is usually 2 -3 years) ‘Right to’ may create conflict in communities The owner doesn’t have to sell to that group Maintaining ‘principal use’

BID Funding for CRt. Bid • available from Social Investment Business (Community Ownership & Management of Assets programme) • Pre-feasibility grants of £ 5 k to £ 10 k • Feasibility grants of £ 10 k to £ 100 k • can apply for 50% or 30% of contract costs (depends if under or over £ 30 k) • intended for capacity building, training, expertise, business planning, market research… • not intended for equipment, building costs or running costs

Community Right to Bid BID any questions?

Community Right to Challenge CHALLENGE challenge and take over a council service they think can be better run

CHALLENGE When can we submit an EOI? • At anytime. Unless… • The LA specifies periods for submitting EOI (inc beginning and end dates)

CHALLENGE Who can submit an Expression of Interest? • • charities voluntary organisations parish councils 2 or more employees of the Local Authority involved in that service

CHALLENGE Then what? • LA must respond in writing • If accepted a commissioning and procurement process is triggered • If not - gives reasons for rejection • Rejection of EOI only on grounds set out in regulations

CHALLENGE Challenges • But what is the market? - Local Authority budgets cut • Smaller contracts - Be careful what you wish for! • Opening the door for others • Potential for creating conflict with LA • LAs dealing with what seems like contradictory policy (Localism vs Gershon)

CHALLENGE Opportunities • • Encourages ‘local thinking’ Co-design of services Breaking down contract size A catalyst for voluntary & community sector collaboration

CHALLENGE Funding for CRt. Challenge • available from Social Investment Business (Community Right to Challenge programme) • Pre-feasibility grants of £ 5 k to £ 10 k • Feasibility grants of £ 10 k to £ 100 k • can apply for 50% or 30% of contract costs (depends if under or over £ 30 k) • intended for consortia building, training, expertise, business planning, market research… • not intended for equipment, building costs or running costs

Community Right to Challenge CHALLENGE any questions?

Where to now? HELP

atu. org. uk mycommunityrights. org. uk

www. locality. org. uk 0845 458 8336 andy. perkin@locality. org. uk