Localism Bill

Predetermination

Section 25 of the Localism Act 2011 abolished 'predetermination' but although the bulk of the Act will come into force in April 2012, this section came into effect on January 15, 2012, two months after the Act was passed. 

 

This effectively frees councillors from the difficult positon they have found themslves in since the 2000 Local Government Act of not being able to discuss planning applications for fear of being excluded from the planning committee when the decision was to be made. Now, although councillors still have to have an open mind, actions or comments made prior to a committee will not be evidence that they do not do so.

 

This means that councillors will now be able to do what they were elected to do: represent their community. They will be free to engage with developer and the public to discuss proposed developments without fear of 'fettering' their discretion. They will be able to attend and speak at public meetings, join residents groups, attend exhibitions, meet with developers, and even mediate between communities and developers to assist in developing projects that meet everyone's aspirations - a role the Government sees local councillors increasingly taking under the new localism regime.

 

Please click here to view our detailed briefing on the new predetermination rules, or download as a PDF.