Proposed new laws relevant to property

Jun 18 2008 by Richard Freeman-Wallace for The Journal

THE Government has recently published a Green Paper on its 2008/2009 legislative programme, “Preparing Britain for the Future”. Of the 18 proposed bills there are five which are particularly relevant to property.

Floods and Water Bill

This draft bill will address flooding concerns. It will implement the recommendations of the Pitt Review into the 2007 floods, and introduce a water strategy for England. The Pitt Review makes 15 urgent recommenda- tions to reduce the impact of future flooding. These cover the management of flood risk, groundwater monitoring, local and national planning and response, public information, and public preparedness.

Business Rates Supplement Bill

This White Paper is planned to give the highest tier local authority in any area the power to charge a local supplementary rate on top of the national business rate. Properties with a rateable value of less than £50,000 are exempt. The income will be ring- fenced for extra investment in economic development. Businesses will be able to get involved in the consultation process.

Heritage Protection Bill

The draft bill, currently out for consultation, seeks to create a streamlined system for identifying and registering cultural assets. Current listed building consent and scheduled monument consent will be replaced with heritage asset consent. The cultural assets will be the responsibility of English Heritage.

Marine and Coastal Access Bill

Consultation on this draft bill ends on June 26. It aims to bring about a structure for the management of the marine environment by creating a marine management regime which will encompass planning, licensing activities, the management and reform of fisheries, nature conservation, enforcement powers, and administrative penalties for fisheries offences and access to coastal land. When the bill eventually becomes law it will be introduced in phases.

Community Empowerment, Housing and Economic Regeneration Bill

The bill had its second reading in the House of Lords in April. It aims to empower communities to regenerate their area by enabling them to trigger action and influence decisions on local services and issues.

A new agency is being created, The Homes and Communities Agency, that will boost English housing provision and develop land and infrastructure. The Secretary of State has the power to transfer the functions of English Partnerships to the new agency, abolishing the Urban Regeneration Agency and the Commission for the New Towns.

It will involve the integration of regional economic and spatial strategies and make Regional Development Agencies such as One NorthEast statutory planning bodies.

The bill will also create the Office for Tenants and Social Landlords that will replace the Housing Corporation and regulate social housing, including local authority properties.

The Community Empowerment, Housing and Economic Regeneration is designed to “reform local and regional governance arrangements to promote economic regeneration”. The devolution of decision-making to the regions is likely to impact on future North East development and regeneration plans.

Richard Freeman-Wallace is head of property at Watson Burton LLP