In more detail
The Localism Act 2011 designates which sort of community organisations can take on and lead the exercise of the various 'community powers' it sets out.
Neighbourhood Planning/Neighbourhood Development Orders
Neighbourhood planning (including neighbourhood development orders) must be led by the local parish council if one exists. In places where there is none - as in most urban neighbourhoods - then neighbourhood planning may be led by a 'neighbourhood forum'. The law says: forums must have at least 21 members; have membership which os representative of the area they cover (including business and public sector representatives); and have a written constitution. These requirements apply to existing bodies as well as to bodies formed for the purpose of neighbourhood planning. So, you may find that existing residents' groups and even bodies called neighbourhood forums and accepted by the council as such, do not qualify as designated bodies. In which case, you will have to set up a new body or change the constitution etc of an existing body in order to have a suitable body to lead on neighbourhood planning.
Assets of Community Value/Right to Bid
Any eligible community or voluntary organisation can nominate land or buildings to be included on the register of assets of community value kept by the council for the purposes of 'Right to Bid'. To be eligible, groups most be either an unincorporated association (like most residents' associations) with at least 21 members in the council's area; or a parish council, registered charity, indistrial and provident society (which is a form used by cooperatives), a company limited by guarantee or community interest company or a local neighbourhood forum as defined above. Neither the council, nor profit-making businesses may nominate assets for the register.
When land or buildings which are listed on the register of assets of community value is put up for sale by its owner, then suitably qualified 'community interest groups' have a six month window of opportunity within which to submit bids offers to buy the asset before the landowner is allowed to sell it on the open market. To be eligible as a community interest group, you must have a local connection with the asset and be: a parish council, a registered charity, a community interest company, a company limited by guarantee or an industrial and provident society. Neighbourhood forums (unless they are also one of the above) and unincorporated bodies can nominate assets for listing, but cannot exercise the right to bid.
Right to Challenge
Voluntary and community groups, charities, social enterprises, parish councils, local council and fire and rescue authority staff can express interest in running local council services where they believe they can do so differently and better. If the council accepts the written expression of interest (and if it doesn't, it must explain why), this triggers a procurement exercise in which the interested group may take part alongside any other organisation, including profit-making businesses, that are fit to deliver the service. So, businesses, which cannot trigger the challenge, can nonetheless bid to run the service if the challenge is accepted by the council.
| Key Facts:
Parish councils and neighbourhood forums that have been constituted according to a legal minimum can exercise powers relating to neighbourhood planning. Parish councils, neighbourhood forums and a wide range of other non-profit groups can nominate assets of community value, but neighbourhood forums cannot exercise the subsequent righ to bid if and when it arises. Parish councils, a wide range of non-profit bodies and groups of staff who work for the council or the fire and rescue service can use the right to challenge the way a public service is run. All suitably qualified bodies, including profit-making businesses may take part in any procurement exercise arising from a successful challenge. |
Page Links from here
In this toolkit:
Neighbourhood Development Orders
Who Leads on Neighbourhood Planning?
OR you can use the navigation menu above right to look at other parts of the toolkit.
BIRMINGHAM COMMUNITY PLANNING TOOLKIT DEFINITION SHEET This sheet may be reproduced in paper or electromic or any other form but please mention it was made by Chamberlain Forum Limited for Birmingham City Council supported by Department for Communities and Local Government.
| created: 2016-06-07 09:53:35 | by: admin | status: f published |