Originally published 20 March 2013. This article is retained from the tCI archive. Law, policy or practice may have changed since publication.
When the Coalition Government started using the word Localism, a few years ago, there weren’t too many critics. It isn’t easy being against Localism; it’s a bit like being opposed to the Armed Forces or our bigger charities. Or motherhood and apple-pie. Being in favour of a local approach surely can’t be wrong ... can it?
That is, until we come across issues that need to be considered from a wider perspective. Then we can have a right old argument as to what level is appropriate. This is at the root of 40 years of local government indecision in England as Districts and Counties fight to retain their identities against the rising tide of Unitary authorities.
What people seem to want is a greater say in decisions that affect their own local community... provided of course they can define it. They know they mistrust larger impersonal organisations, and they are fed up with those even remoter bodies like Regional offices when they dictated policy. In short, they want some real power. Especially over housing!
Let’s face it. The fear of unwanted housing development in the leafy suburbs of the South of England is what inspired the concept of Neighbourhood Planning. It then took a lot of careful drafting and some smart explanation to persuade people that it wasn’t meant to be a ‘NIMBY’s charter’. By now, the 400+ Neighbourhood Plans that are currently in preparation all have to conform to the local development plan, and the emphasis has been switched to where houses will be built – not where they won’t!
These plans will, therefore, be important – and that is why community dialogue is essential if local people are to be persuaded to turn up and vote in favour at a Referendum. And, if there is to be dialogue, we need a clear view of exactly what is the area that is being consulted. Here is where we run into problems, especially in non-parished areas – where 65% of the population live.
The way you designate an area has a major influence on the agenda that will be discussed. That is why the Localism Act makes careful provision for Planning Authorities to consider a range of issues – and to consult the public before drawing such lines on the map. They need to take great care, for traditional boundaries are becoming less relevant as demographics, commercial activities and social ties change. Will there be a trend for newly-gentrified middle-class areas to seek to define areas that most reflect their own values and ideas? Will traditional blue-collar districts be left as unwanted ghettos as they struggle to find champions to fight their corners? London may have hundreds of ‘neighbourhoods’. Birmingham, Leeds, Manchester and Liverpool likewise ... They need to designate with care ... or at least with careful consultation.
To illustrate the point, we have just had the first of what may be many judicial reviews that will probably shape the law on this matter. Last week, in the Daws Hill case, the Judge ruled that Wycombe DC was within its rights to alter the designation of a ‘neighbourhood’ against the wishes of the Neighbourhood Forum that sought it. The case turned on the extent of the Council’s discretion – described in the High Court as being ‘very broad’.
But the Forum argued that the Council was removing from its area two important sites that formed part of the local community. On one of these, there is an intention to build several hundred houses, and as the ‘strategic’ decision to do so had already been taken, the Council argued that there was no point in it being included in the neighbourhood plan, as it would be too late for local people (some of whom probably opposed the development!) to have their say. Some will say that this drives a coach and horses through the Government’s intention of giving communities greater influence. Others will argue that Councils have to have flexibility to avoid re-opening long-settled debates – or very little can get built.
From the standpoint of public engagement, it is tempting to assert that few things matter more than people’s sense of identity – and that the way that neighbourhood boundaries will be drawn in the coming months will greatly affect what happens afterwards. Councils need to consult fairly and widely, or else disgruntled Forums, like the Daws Hill community, will once again go to the High Court arguing that the dialogue has not fulfilled the demanding requirements of a lawful consultation.
Trigger Points
- How many ‘neighbourhoods’ have been designated in your town/city?
- Have Parishes in your area combined together to initiate Neighbourhood Plans? Last week’s ground-breaking Referendum on the first Neighbourhood Plan in the Upper Eden Valley was the product of 17 Parishes working together.
- The ideas of identity and consultation about neighbourhood planning are both covered in the Institute’s Third Masterclass – Localism in Practice. Next dates 27th June and 29th October - both in London
This is the 232nd Tuesday Topic; a full list of subjects covered is available for Institute members and is a valuable resource covering so many aspects of consultation and engagement