Developers

The stereotype view of ‘property developers’ is not flattering, but most people – at some stage – act as developers…

The stereotype view of 'property developers' is not flattering, but most people - at some stage - act as developers...

In more detail

Anyone that wants to build or change the use of land and buildings in an area is potentially, a property developer.  That is - individuals and businesses; large and small; already in the area and newcomers who want to invest in it, including:

  • multinational companies proposing a new power station, rail freight interchange or the re-development of industrial land
  • commercial property developers resonsible for building offices and shopping centres
  • big housing developers like Barratt; Taylor Wimpey; Persimmon; or Bellway
  • housing associations and councils
  • a builder converting an old building into flats
  • businesses that want to extend and improve their premises
  • a householder adding a porch to the front of their house.

Sustainable development

Most of what people and businesses want to do with the land and buildings which belong to them contributes to sustainable development: it creates homes and jobs; enables services; makes better places to live.   Some proposals, however, could have a damaging effect on other people and businesses in the area.  Developer contributions - in the form of Community Infrastructure Levy and site specific planning obligations - can be used to compensate the community.  Even so, developments are not always beneficial to everyone.

 

The video above is a talk by Daniel Farrand who is a property lawyer at law firm Mishcon de Reya, reflecting on the balancing act that is the local planning system.

Planning System

The planning system is designed to balance and resolve conflicting interests.  Planning aims to enable fair and objective decision-making and to balance, for example:

  • the interests of some people who might be negatively affected by a development against those of people who might benefit from it
  • the rights of those who live in an area against those who do not, but who would like to
  • the interests of business and those who create wealth against those of householders and those who create local wellbeing
  • the needs of those who live in the immediate locality with those who live in the wider district or region.

A neighbourhood plan is a community-led local plan which sets out policies describing what kind of development is welcome - where and why - in the area.  It is, in a sense, a locally written prospectus for sustainable development of the area.

Key Facts:

Anyone who wants to build or change the use of land and buildings is a potential developer.  That includes individuals as well as businesses; companies of all sizes and public bodies; people who already live or work in an area and those who do not and who want to invest in it.  Development proposals can create discord - some people benefit and others, sometimes lose out. The planning system exists to balance different interests.  Neighbourhood planning does not enable communities to stop development but to set out a prospectus for sustainable development of the locality.
 

Page Links from here

In this toolkit, see:

Spatial Planning

Planning Permission

Local Business
 


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: 2016-07-12 16:37:48 by: admin status: f published

Business Improvement Districts

Business Improvement Districts (BIDs) are a business-led alternative for town centre area improvement which focuses on providing additional services, rather than on local planning…

Business Improvement Districts (BIDs) are a business-led alternative for town centre area improvement which focuses on providing additional services, rather than on local planning...

In more detail

A Business Improvement District is a defined area within which additional services are provided from money raised by a levy on local businesses.  Local businesses lead the initiative to establish a BID.  The proposal to set one up must be put to a ballot organised by the local council.  If successful, the BID company is set up and run by local businesses.  The council can be included as a partner in the BID.   Through the BID company, local businesses decide how the levy, and any other money levered into the area as a result of the BID, is spent.

The video below is businesses in Cornwall talking about the benefits and costs of their local town and city BIDs:

As of May 2016 there were 227 active BIDs across Britain and Ireland.  Most (184) cover town centres.  Smaller numbers are in: industrial estates and areas (28); commercial zones (5); tourist and leisure areas (5); and other types of area (5).

London’s West End BID - covering the capital’s main shopping area including Oxford Street - raises an annual levy of more than £3m.  City centre BIDs in Leeds and Newcastle raise about £2m a year.  More typical sized BIDs, like ones based in Stratford in East London or Plymouth’s waterfront, raise an annual levy worth between £200,000 and £300,000.  Some cities have multiple BIDs covering the city centre and suburban centres around it: Birmingham has a dozen BIDs, London has about 50.

The video below is about BIDs in London. It was made by Richard Hendron of London Live in 2016:

BID Ballots

To become a BID, the proposal must pass a ballot of the businesses that would be affected by having to pay the levy.  Some BID proposals are rejected at the ballot stage: businesses do not necessarily want to pay the levy; some oppose them on ideological grounds; sometimes businesses may feel that the resulting BID is likely to be hijacked by a particular group of businesses or at least that it would not enjoy uniform support across the local business community.

Given a proposal to set up a BID is successful in a ballot, however, the right to levy local businesses exists for 5 years.  After this time, the BID is automatically wound up, unless a fresh proposal is made and is successful at a ballot.  Across the country, 74 BIDs are currently in their second term of 5 years and there are 13 third term BIDs.

 

The presentation below is by Charlotte Wade, Shenai Sinhal and Jen Taylor of the Colmore Business District in Central Birmingham. It presents the city centre Food Festival run by the BID:

Key Facts:

Business Improvement Districts (BIDs) can be set up by local businesses to raise money and pay for additional services in town centre areas and other neighbourhoods in which there is a concentration of businesse.  They work by raising a levy on local business which they can spend on additional local services.  To be adopted, a proposed BID must win support in a ballot of the businesses that would have to pay the levy. To keep operating, a fresh BID proposal must be made, and voted on, every five years. Some BIDs are now in their third five year term.

Page Links from here

Government Guidance on Business Improvement Districts

Information from British BIDs explaining what a BID is

The Association of Town & City Management runs a BIDs Advisory Service

Have a look at Joe Holyoak's article Who Owns the Street? published by the Birmingham Post in 2013 

In the toolkit:

Local Businesses

Neighbourhood Management

Social Enterprise

Developers


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: 2016-06-23 09:48:39 by: admin status: f published

Local Businesses

What makes a neighbourhood a good place to live? The people. Maybe the parks and schools and the local doctors and other public services… What about the shops, the job opportunities and the other things which are provided by local businesses…

What makes a neighbourhood a good place to live? The people. Maybe the parks and schools and the local doctors and other public services... What about the shops, the job opportunities and the other things which are provided by local businesses...

In more detail

Local businesses are an important part of the neighbourhood and the social value of living there.  Whether you are thinking of neighbourhood planning, wider community planning or any action designed to improve the place you live, you need to consider the people who work there too? The video below was produced by Business in the Community - which is a charity led by business people which aims to promote links between business and communities:

Neighbourhood planning

If your neighbourhood isn't covered by a parish council, then the designated body to lead neighbourhood planning is a neighbourhood forum which, for the purposes of the process, must include a representative of the local business sector.  In some areas, one may be enough.  But in many neighbourhoods, local business people can bring skills and resources to the neighbourhood planning process that you'd be foolish to neglect.

There is no reason why a neighbourhood forum could not be made up by equal numbers of business and resident representatives, if there are sufficient willing to serve.  The business community, after all, is not necessarily any more homogenous than the resident community.  The interests of corner shop-owners are not always the same as high street store managers; factory owners may have different priorities to commercial landlords?

Wider community planning and neighbourhood improvement

Community planning and action to improve the neighbourhood - through, for example, neighbourhood management; working with public services; and by developing community-led projects - could also benefit from the skills and resources of local businesses.  Often in the past, local imrpovement partnerships have been led by representatives of public services.  A partnership led by local councillors, active community representatives and local business-people might be more able to act as a productive local team.

Key Facts:

If you want to make a neighbourhood plan for your area and there is no parish council, then you must involve business representatives in the neighbourhood forum you form to lead the process.  There is no reason why you should see involving business as limited to a single rep on a neighbourhood forum.  The skills and resources which business can bring to your local improvement partnership are worth having whether you are thinking of neighbourhood planning or wider community planning.

Page Links from here

Neighbourhood Planning: involving business and landowners (PDF) published by RICS, 2014

Getting Down to Business: lessons and tips from involving forms in neighbourhood planning (PDF) published by Planning Advice Service, 2014

Bankside case study - engaging businesses in neighbourhood planning published by Planning Aid

Business in The Community

And in the toolkit:

Business Improvement Districts

Developers

Social Enterprise

Designated Bodies

 

 

 

 


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.

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Licensing

Some of the commercial activities which are most likely to cause a neighbourhood nuisance – like the supply of alcohol, for example – are licensed by the council. Communities can influence local licensing policy…

Some of the commercial activities which are most likely to cause a neighbourhood nuisance - like the supply of alcohol, for example - are licensed by the council. Communities can influence local licensing policy...

In more detail

A license is a permit which is issued by an authority to own or use something, do a particular thing, or carry on a particular trade etc.  The following activities are regulated by your local council in line with policies which they publish and consult on (within the framework set by Parliament).  Which means, if these activities are a problem in your neighbourhood, then you may be able to use your council’s licensing system (rather than the planning system) to address them:

  • Licensed Premises and Clubs - which serve hot food and/or alcohol and may provide entertainment like dancing and live music (see below)
  • Sex Clubs - which include lap and pole dancing venues, strip shows, peep shows and live sex shows.  Venues providing these forms of entertainment (unless infrequently) can be required to be licenced as sexual entertainment venues.  A council Sexual Entertainment Venue policy spells out the terms and details of how this is achieved in the same way as the council’s Licensing Policy applies to other licensed premises.
  • Sex Shops and Cinemas - have to be licensed under the Local Government (Miscellaneous Provisions) Act 1982.
  • Gambling Premises – the Gambling Act 2005 requires premises including gaming centres, betting shops, casinos and bingo halls to have a Gaming Premises Licence issued by the council.  Other venues with gaming machines etc may need a gaming permit.
  • Scrap metal dealers
  • Skin piercers – includes tattoo parlours, acupuncturists and electrolytic hair removal as well as cosmetic ear and body piercers.
  • Taxis and private hire vehicles.

Licensed Premises

Licensed Premises – anywhere which is used  for the retail sale of alcohol; supply of alcohol to club members; to provide a  ‘regulated entertainment’ (which includes plays, films, indoor sporting events, boxing or wrestling, dance performances, performance of live music and playing recorded music); or to provide of public late night refreshment (hot food or drink for consumption on or off premises between 11pm and 5am, including mobile vans etc) requires a Premises Licence (or a Temporary Events Notice or a Personal Licence).  Operating conditions can specify a limited duration for the licence.  If the conditions do not set a time limit, then the licence is valid indefinitely, on payment of an annual fee, until it is revoked, lapsed or surrendered.

Members’ Clubs have an equivalent type of licence – the Club Premises Certificate – which allows these activities on club premises.

Licensing Committee

A committee of councillors, called the Licensing Committee (or something similar) amkes decisions about granting licences.  It is a non-Executive committee of the council which works in a similar way to the council's planning committee.  The decisions it makes are based on law, local policy and on the basic requirement of the council to look after local economic, social and environmental wellbeing (rather than on the basis of politics).

Statement on Licensing Policy

The Licensing Act 2003 requires Licensing Authorities (which are local councils) to issue an Statement of Licensing Policy.  The law also says that councils must consult publicly on this policy and review it regularly, for example every 3 years.  The Statement of Licensing Policy must further the objectives of licensing which are: to prevent crime and disorder; public safety; to prevent public nuisance; and to protect children from harm.  As well as explaining how the council will further these objectives through its licensing role, the policy  can set out:

  • how the council relates its licensing and planning functions
  • the processes for granting licenses and for enforcement action
  • the ways in which residents can make representations and petition in relation to licensing matters
  • the arrangements for reviewing licenses
  • licensing of open spaces
  • policy on issuing temporary licenses and personal licenses.
  • Temporary licenses and personal licenses are alternatives to premises licenses.

Designated Public Place Orders

In addition to the licensed activities above (and others which may be licensed in some areas), the Criminal Justice and Police Act 2001 gives councils powers to issues Designated Public Place orders.  These are used to create alcohol restricted areas – which may also be called alcohol restricted areas, controlled drinking zones etc.  It is an offence to drink alcohol in one of these areas after having been requested not to do so by a police officer.

Key Facts:

Activities which require a licence from the council include running hot food establishements, retail sale of alcohol, live music, sex clubs and sex shops, gambling premises, scrap metal yards, tatoo and skin piercing parlours and taxis and minicabs.  As well as making decisions on whether to license these activities on a site by site basis, the council must consult on its licensing policy.

Page Links from here

In this toolkit, see:

Public Health

Your Local Council


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: 2016-06-02 10:37:28 by: admin status: f published