Localism Act 2011
Decision Maker: Cabinet
Decision status: Awaiting Implementation
Is Key decision?: Yes
Is subject to call in?: Yes
The Localism Act was introduced in November 2011. The purpose of the report was to update Members on the work undertaken thus far to ensure the Council’s full compliance with the Act and to seek agreement that a Community Asset Register was introduced in line with the aforementioned legislation.
(1) the activity already undertaken to ensure compliance with the Localism Act 2011, and the establishment of a Community Assets Register as outlined in the report (and in particular reference to paragraphs 4.2 and 4.4 of the report) and in compliance with the Localism Act 2011 be noted; and
(2) a policy of no compensation payments with regards to loss of income due to the moratorium on sale imposed by registration on the Community Assets Register (i.e. compensation for delay or failure to sell as a result of registration NOT loss of property value through the sale) be agreed.
Reasons for the decision:
By having the Community Asset Register adjudicated and administered by officers standard practices and procedures would be developed and followed but Members’ local knowledge would likely not be utilised on a case-by-case basis.
By adjudicating for the Community Asset Register, Members would be applying their local knowledge to their work for the Council and exercising the authority of their mandate (with the assistance of officers as required) - therefore promoting local democracy, which in turn further promoted the Localism Agenda.
By having a policy of compensation payment the Council exposes itself to financial risk. Without data over a sufficiently long period it was impossible to accurately predict the cost of a compensation policy. Central government had committed to paying any compensation in excess of £20,000 over the course of a financial year, which limited the range of costs, but this was up for review in 2015.
By having a policy of not paying compensation, the Council would avoid exposure to the risk of up to £20,000 per year until 2015 – and an unknown level of financial risk in following years.
Alternative options considered:
(1) Create a Community Asset Register adjudicated and administered by officers.
(2) Create a Community Asset Register adjudicated by Members and administered by officers.
(3) Agree a policy for the payment of compensation to the owners of assets included on the register.
(4) Agree a policy of not providing compensation payments.
Report author: Rob Walker
Publication date: 20/06/2013
Date of decision: 18/06/2013
Decided at meeting: 18/06/2013 - Cabinet
Effective from: 28/06/2013