Who’s taking up the new Community Rights?

The first of the Community Rights came into force just over a year ago. So, are they making it easier for communities  ‘to get things done and achieve their ambitions for the place where they live’, as government said they would?

Locality launched its My Community Rights service in May 2012, although we had been responding to enquiries about the forthcoming rights for months prior to this as versions of the legislation worked their way through the two houses and anticipation built up.

However, it was still hard to predict what the reaction would be to so much new law when it was finalised and whether it would arouse the interests of people to use it. Taking stock of the incredible 6,000+ enquiries Locality’s My Community Rights service has received 14 months later, it is clear that the ambitions of local people to make a difference in their neighbourhood using the rights is unbounded. But, underneath the headline statistics what is going on, and are there any themes emerging around the utilisation of the different rights?

The Right to Build was the first of the rights to officially launch, in May 2012. From the outset it was apparent that its relationship to neighbourhood planning was going to be a strong one. By its nature, community-led development such as housing and community renewables are long term undertakings. The value of a mutually supportive framework such as a Neighbourhood Plan provides the necessary confidence that site-specific Right to Build Orders will be implemented for community benefit. The draft Neighbourhood Plan for Slaugham in Mid Sussex has within it two Right to Build orders – and more Neighbourhood Plan areas are now incorporating Right to Build Orders on privately and publicly owned land. See the site assessment plans for Arundel and Ferring for instances of affordable dwelling proposals using the Right.

However, the key challenge for potential community-led developers who may go on to use the Right has been access to development funding. The initial seed corn funding from the Homes and Communities Agency, (and the Greater London Authority in London), has been found to be too rigid for many communities to access, and it is expected that a more flexible approach will be adopted very soon when the fund is re-launched for communities to access more readily.

The second right to come into force was the Right to Challenge, in June 2012. Initially, there was a considerable amount of corporate ‘head-scratching’ amongst local authorities working out how to respond to the various requirements of the legislation. As a result, it soon became clear that there was going to be a range of different approaches, with many deciding to set specific windows in the future when expressions of interest (EoI) could be submitted by eligible bodies. In effect, this has resulted in delaying activity in relation to the right in many areas until now.

Despite this, interest in the possibilities that the right affords has remained strong, and we have witnessed some very clued-up groups demonstrating the necessary skills to take the right forward. A case in point is Malachi Specialist Family Support Services in Birmingham who believe that their model for supporting children and families is better that the council’s offer and are preparing their EoI accordingly.

However, the value of the right for some has also been as a lever to force a conversation with commissioners about designing better public services. The existence of the right and the support available through Social Investment Business’s grants – has facilitated a growing number of positive conversations in this respect, and we are now seeing the efforts of intelligent lobbying bearing fruit.

However, 12 months on, variations in the interpretation of the guidance in relation to the Right to Challenge coupled with the absence of any requirement for local authorities to publish activity around EoIs submitted, mean taking a comprehensive overview is difficult. As a result, Locality is now working with its delivery partners to initiate a wide ranging survey among the sector in order to build up a current picture of the right in practice.

The Right to Bid was the final right to officially get going in earnest, with publication of the statutory regulations in September 2012. However, in less than a year it has gained rapid momentum. Locality is aware of nearly 500 nominations and just under 400 assets of community value listings across England, and their breadth is testament to the range of asset-based community interest across the country. Despite some misunderstanding about the extent of the right in securing a nominator’s interest in an asset, the provisions have been welcomed by most community organisations we have engaged with.

As with Right to Challenge, interpretation of the guidance by local authorities has played its part in individual cases. Some councils appear confused about the difference between the right and discounted community asset transfer. And the extent to which the definition of furthering ‘social well-being’ or ‘social interests’ can be applied to those assets under nomination has tested the resolve of many. However, while the story of the last nine months has not always been straightforward, there have been some notable successes, not least the Ivy House pub in South London, where campaigners made the most of the precious six month moratorium period to raise the necessary funds to secure the future of this Grade II listed establishment.

So, in conclusion, it has been a very busy and encouraging initial period since the rights came into being. But looking ahead, there is still work to be done to further raise the profile of the rights among those communities that are unclear or unaware of their existence. And, increasingly, we are becoming more cognisant of the practical challenges involved to exercise the rights in full. Looking ahead to the next 12 months, this will be a crucial period for the success of the rights, which will depend on the co-ordinated efforts of all of us who have a stake in supporting community self-determination.

• Visit the My Community Rights website for information, resources, case studies and advice.