The English Devolution and Community Empowerment Act has become law and provides measures for new devolved powers, parishes and parking rules.
Community Right To Buy
The Act introduces a new Community Right to Buy will give local people the first right of refusal for valued community assets such as shops and community centres when they are put up for sale. It’s understood that a new category of Sporting Assets of Community Value has been added to improve protection for an estimated 6,000 sports grounds in England. As our detailed article on getting ready for a ‘Right to Buy’ sets out though, these powers need to be accompanied by support and funding to help communities to use them.
Neighbourhood governance
The Empowerment Act also paves the way for new neighbourhood governance arrangements to be established in every area of England, but doesn’t set out what these will look like in practice. Debate around this is likely continue, especially as new unitary authorities take shape from the summer.
Read our article setting out a combination of options for improving place-based governance to see what could be involved. As our photo showing Amble Fishing Village owned by the town’s development trust, and a monthly market organised as part of Ware Town Council’s annual events programme, illustrates how this could include a combination ‘community anchor’ organisations and proactive town and parish councils.
Strengthening parish and town councils
The new legislation strengthens the role of town and parish councils relative to initial stated intentions without going as far national mandating the formation of new councils as a form of local governance where they do not exist. Local authorities will be required to engage with town and parish councils where appropriate regarding parish representation under neighbourhood governance arrangements, where they exist.
Devolution to Strategic Authorities
The Act introduces ‘Strategic Authorities’ into law, to make it quicker to devolve powers out from Whitehall. Strategic Authorities with elected Mayors will receive more devolved powers over transport, planning, housing, and economic regeneration.
The Act restores the use of the Supplementary Vote system for Mayoral elections. This means voters can put down a second choice when voting and ensures that mayors are not elected with the support of just a small portion of the local community.
There is also a new bespoke duty for Mayors and Strategic Authorities to ensure they formally consider local health improvement and health inequalities when making policy decisions. Similarly, creative, cultural and heritage sectors are now recognised as part of how places are governed, developed and imagined, alongside a wider suite of economic and social responsibilities being devolved across England.
New rules for restricting pavement parking
Local transport authorities will be given new powers to enforce against dangerous pavement parking including through fixed penalty notices. Rather than introducing a blanket, national ban, local councils are being given powers to introduce pavement parking restrictions across their areas, helping keep them clear and accessible for everyone who uses them, while allowing exemptions where needed.
There will also be new licencing powers for rental e-bikes which will allow local authorities to set specific requirements on parking, safety, and accessibility standards.
Supporting a diverse high street
The act contains two measures designed to help in support a diverse and viable high street business mix: a. Gambling Impact Assessments will be introduced to address the proliferation of gambling shops on the high street, so councils can prevent new gambling shops opening; b. Upwards Only Rent Review clauses in new and renewal commercial leases will also be banned, which previously prevented businesses’ rents from decreasing – even if the market rate decreased – for new commercial rental agreements.
More information and guidance
You can keep up-to-date with all national, place-based policy news by visiting our place policy checklist or seeking a bespoke review of policy and funding opportunities impacting on your community. Contact services@people-places.net for more information.
The People & Places Partnership are authors of the Local Government Association’s national revitalising town centres toolkit. Contact us for advice if you are interested in learning about how we could use the toolkit to support the revitalisation of your town or city centre.
