Local Government Reform - Q&As

1.      Why is local government reform happening?

-          To modernise local government and improve services.

-          To create stronger, more effective local government.

-          As well as being bigger, the new councils will deliver additional services and have other new responsibilities and powers.  Combined with their existing functions, this will give them some powerful tools to shape their areas and communities. 

• It will allow them to be more creative in delivering services. 
• It will allow them to be more flexible and responsive to local needs. 
• It will bring power closer to citizens.  

-          There are also financial benefits to running 11 councils instead of 26.

2.      What new responsibilities will the councils have?

A number of functions currently delivered by NI Executive departments will be carried out by councils.  These include:

• local planning  (see questions 9, 10 and 11)
• urban regeneration
• community development
• local economic and tourism development
• off street parking.

 A full list is in Annex 1.

Councils will also lead a community planning process.  This will be done in partnership with other public service providers and departments in order to collectively address local problems.  It will enable councils to influence how and where services are provided.

Councils will also have a new General Power of Competence.  This will allow a council to act with similar freedom to an individual, unless there is a law to prevent it from doing so.  It will allow a council to act in its own interest and develop innovative approaches to help improve the economic, social and environmental well-being of its area.

3.      What are the other changes to councils?

• New governance arrangements – for the first time, sharing council positions of responsibility across political parties and independents is enshrined in law. The public will also now have more access to council meetings and documents.
• New ethical standards regime - there is a mandatory code of conduct for councillors.
• New performance improvement regime to deliver high quality, efficient services – includes the requirement for councils to report annually on performance.
• Establishment of a Partnership Panel - made up of Executive Ministers, councillors from the new councils and members of NILGA to discuss matters of mutual interest.
• End dual mandate - placing a bar on MLAs, MPs and MEPs from also being elected or being councillors.

4.      Since the local government elections in May 2014, what have the new councils been doing during this time?

Since being elected, the 11 new councils have been operating in shadow form alongside the current 26 councils.  This has been known as the ‘shadow period’ and has allowed them to make preparations to take over on 1 April 2015.  Preparations have included:

• leading cooperation between merging councils
• designing their new organisational and service delivery structures
• appointing senior staff to the new councils from the staff of the old councils
• approving business and financial plans for the new councils
• setting rates for 2015/16

5.      What have the current councils been doing during the shadow period?

It has been business as usual for the current 26 councils.  They have continued to operate as normal, delivering all of their usual services and looking after all existing council matters.

6.      What are the new councils called?

The names of the new local government districts were set out in the Local Government (Boundaries) Act (NI) 2008, however, legislation is in place allowing the councils to change these names. 

In addition, a council must consider its status - whether it will be a district council, borough council or, in some cases, a city council.  This issue is linked to a council’s name as the status is usually reflected in the name.  If a council wishes to call itself a ‘borough council’, it will be able to opt to continue an existing borough charter within its district or it may apply to the Secretary of State for the grant of a new charter.  Councils which have a city within their new district may choose to call themselves city councils.  Regulations will provide councils with options in relation to their charters and borough status.  At this stage, it is anticipated that a number of councils will opt to change their name and / or status.

7.      Where can I find out which new council area I live or work in?

Visit www.nidirect.gov.uk/newcouncils and enter your address.

8.      What help has been given to staff and councillors to prepare them for the changes and develop their knowledge and skills?

DOE has funded a programme of capacity building and training for staff and councillors to help ensure a seamless transfer of functions and responsibilities to councils in April 2015.  It has also introduced a mandatory code of conduct for councillors, which details the principles and rules of conduct councillors are required to observe.

DOE has also provided a programme of guidance to help prepare councils for the new duty of community planning and has contracted Community Places to further support councils in their community planning preparations.  This has helped councils develop and refine their practical working arrangements, and assisted them build new relationships with key stakeholders in their area.

9.      What Planning responsibilities are moving from DOE to councils?

From April 2015, councils’ new planning powers will include:

• Developing a local plan which will set out what the council area should look like and how land should be used and developed;
• Making decisions on the majority of planning applications;
• Investigating alleged breaches of planning control and determining what enforcement action should be taken.

Planning officers are moving from DOE to become council employees.  With them they will bring their experience, knowledge and skills to help ensure a seamless transfer.

10.  What Planning responsibilities will DOE retain?

DOE will retain responsibility for deciding regionally significant and called-in applications.  It will also set regional planning policy and legislation, provide oversight and guidance, and monitor the performance of councils, providing support where needed.

DOE is also introducing improvements which will make planning a speedier, simpler and more streamlined process. This will make it easier for the public to access and participate in the planning process and help deliver faster and more predictable decisions.

11.  What do the changes mean for planning applications and queries?

Currently all planning applications and queries should be directed to your local Area Planning Office.  This will be the same process after 1 April 2015. The only thing that might change is the location of your local office.  Each new council area will have its own local planning office so you may find that your nearest planning office is much closer than before.  These new offices will open before 1 April so before visiting or calling your local office, check the list of planning offices at www.planningni.gov.uk/local_area_planning_offices which will be updated as each new office opens.

12.  Will rates be affected in 2015/16 because of the changes?

When setting the 2015/16 rates, we move from 26 levels of rates to 11.  It is unavoidable that adjustments will need to be made, however the NI Executive has committed up to £30 million for a rates relief scheme.   This means that rates increases will be kept to a minimum.  The scheme applies to domestic and non-domestic ratepayers who would otherwise have faced sudden and excessive increases in their rate bills because of the differences that currently exist between the rates set by the current councils.  It will be phased over the four year term of the councils, with an 80% reduction on the increased portion of 2016/16 bills, followed by subsidies of 60%, 40% and 20% in the remaining years of the scheme.

The scheme will benefit as many as 350,000 ratepayers in affected areas.  Discounts will be automatically applied and therefore there is no need for anyone to claim it.

In the longer term, reducing the number of councils and new ways of working will enable councils to make savings, benefitting the ratepayer.

FIND OUT MORE

Local government reform - for more information and to watch the story of local government reform in a short video format, visit www.nidirect.gov.uk/newcouncils

Annex 1 – list of functions transferring from central government departments to councils

Planning (DOE)

• Local development plan functions
• Development control and enforcement

 Roads (DRD)

• Off street parking (except Park and Ride).

Urban regeneration and community development (DSD) (will transfer powers in April 2016)

• Town and city regeneration;
• Area-based regeneration
• Support for the voluntary and community sectors at local level. 

 Laganside (DSD)

• Function will transfer to Belfast City Council.

 Local Economic development (transfer from Invest NI) (DETI)

• Start a Business Programme and Enterprise Shows
• Youth Entrepreneurship (such as Prince’s Trust and Shell Livewire)
• Social Entrepreneurship
• Investing for Women
• Neighbourhood Renewal funding relating to enterprises initiatives.

 Local Tourism (DETI)

• Small scale tourism accommodation development
• Providing business support including business start up advice along with training and delivery of customer care schemes
• Providing advice to developers on tourism policies and related issues

Other

• Authority to Spot List to enable Councils to add a building to the statutory list on a temporary basis, subject to ratification by the DOE (DOE)
• Authority to draw up local lists of buildings that are of architectural and/or historic interest (DOE)
• Armagh County Museum (DCAL)
• local water recreational facilities (DCAL)
• local sports; (greater involvement of local government in local sports decisions); (DCAL)
• Donaghadee Harbour (DRD)