WIREDGOV

Communities Secretary John Denham is putting councils in the driving seat when it comes to dealing with issues that local residents clearly say they want tackled.

Mr Denham is to change the rules that require councils to get Whitehall permission if they want to create local byelaws or revoke ones not needed. Instead, the red tape would be cut away and councils would face local scrutiny and the need to get agreement from residents as a way to give them greater say on tackling localised problems.

Many problems local communities face are covered by national laws, but where this is not the case byelaws can give councils a genuine way to tackle local issues.

As part of the same concerted drive, Mr Denham also announced plans to publish a consultation on proposals to either repeal or dramatically streamline more than half of the 52 so-called 'consent regimes' - relating to, for example, housing and land use, which currently require councils to get Government approval before acting.

John Denham said:

"It's right that councils should be able to fight for the interests of their residents. But having to get Government's approval can sometimes feel like unnecessary red tape when what really matters are local people's views.

"Where national laws don't offer protections for localised problems, council leaders must be fully equipped with the powers they need to act decisively and effectively to tackle issues on behalf of their citizens and communities.

"Once they have community agreement they should be trusted to get on with it - rather than having to go to someone sitting behind a desk in Whitehall who may seem far removed from the problem in hand."

Mr Denham believes that one of the great challenges at present is how to deliver high quality public services at a time of tight public expenditure constraint. He believes that strong local authorities are key and where the best arrangements are needed. The founding principle of local government is that citizens have the right to influence the decisions that affect their lives and communities.

These moves are part of a wider Government commitment to ensure decisions on local matters are made as close to the people affected by them as possible. Other significant developments include the total place programme to personalise services; plans to transform local authority scrutiny; a drive for value for money through more innovative procurement; creating new roles for local government such as tackling climate change and to open up information to the public.

At the same time, Housing Minister John Healey will look at what additional steps could be taken when it comes to delivering housing, to help councils and the sector get on with building the homes this country needs.

Notes to editors

1. The report Consent Regimes - Reducing Unnecessary Bureaucracy set out the Government's intention to reduce the red tape and improve the local authority consent regime system. This is the process whereby a local authority has to apply for permission from the Secretary of State, or in some cases the Attorney General, to carry out certain activities in order to perform their statutory duties.

2. The Government will retain powers where it considers it will benefit local government and citizens to retain national oversight. For example, the consent regime relating to fire and rescue services ensures changes across authorities cannot be made without an assessment of the risk to public safety and the impact on local council tax levels.

3. A byelaw is a rule that generally requires something to be done, or not done, in a particular location where express powers to address the issue do not already exist in national legislation. They are accompanied by a sanction or penalty for non-observance. Byelaws have the force of law within the areas to which they apply and offences against byelaws are enforced through the Magistrates' Courts but they are subsidiary to national law and cannot over-ride them.

4. Presently, byelaws have to be confirmed by the Secretary of State before they come into force. Government considers that this process is not always necessary and is proposing that certain authorities be allowed to make byelaws without their being confirmed by the Secretary of State. Accountability will become a truly local matter, with extensive consultation on the proposed byelaw ensuring that those affected by any new byelaw have an opportunity to comment upon it.

5. The new regime, which follows the conclusion of a consultation exercise on making byelaws easier to make, understand and enforce that generated more than 500 responses, will move away from the current form of enforcement through the Magistrate's Court and towards a fixed penalty regime.

6. Confirmation of certain byelaws by the Secretary of State will be retained, for instance, what can be controversial byelaws about countryside recreation or where the byelaw is made by a transport authority, for instance an airport authority, which is not directly accountable to the community in the same way that other authorities are.

For example:

• In Worthing where residents campaigned to lift the ban on cycling on a promenade. Following a full consultation and getting the required central government approval, cycling was reinstated in August.
• In Newcastle-Upon-Tyne local residents and shopkeepers complained about skateboarders in a pedestrianised area. Following discussions with all groups the council decided to build the skaters a new skate park but it had to seek permission from CLG to create a byelaw simply to prohibit skateboarding in that area.
• Young children in the Woodmancote parish council area were having the enjoyment of their new play area spoiled by anti-social elder children and adults. The parish council has applied for byelaws to deal with this nuisance which have been approved and comes into force next month.
• Residents in Lawford Parish Council had problems with remote controlled cars being used on one of its recreation grounds where the cars had injured several residents. As a result the council sought the byelaw to prohibit the use of the cars on this particular ground. This was granted and came into force earlier this year.

Under the new system these councils would simply have had to consult the community. The Government will also ensure that safeguards remain in place so that central approval can be reinstated should it prove necessary.

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