Leaders’ Committee
GLA Review of Powers
Report by:
Ceri Edwards
Date:
14 November 2006
Contact Officer:
Ceri Edwards
Telephone:
020 7934 9750
Summary:
Item no:
11
Job title:
Director, Communications &
Public Affairs
Email:
[email protected]
ov.uk
The Government published a policy statement setting out final
proposals for additional powers and responsibilities for the
Greater London Authority (GLA) on 13 July 2006. A further
consultation was launched on 10 August on powers of the Mayor
of London to decide planning applications of major strategic
importance.
Leaders’ Committee agreed a lobbying strategy in September
2006 to influence Government decisions on extra powers for the
GLA, an update on which is contained in the regular Public
Affairs Update (item 12).
This paper summarises developments on the fronts of planning,
housing and waste.
Recommendations:
Leaders are asked to:

note the London Councils submission to DCLG on
strategic planning which is attached as Appendix 1. The
press release promoting the submission is attached as
Appendix 2;

note further developments in relation to housing and
waste.
GLA Review of Powers
1. The Government published a policy statement setting out final proposals for additional powers
and responsibilities for the Greater London Authority (GLA) on 13 July 2006. A further consultation
was launched on 10 August on powers of the Mayor of London to decide planning applications of
major strategic importance.
2. Leaders’ Committee agreed a lobbying strategy in September 2006 to influence Government
decisions on extra powers for the GLA, an update on which is contained in the regular Public
Affairs Update (item 12).
3. A Bill introducing the legislation is expected to be published soon after the Queen’s Speech (15
November). The Chairman of London Councils wrote to the Secretary of State for Communities
and Local Government on 19 September requesting that clauses of the Bill would be shared with
London Councils officials at drafting stage. The Secretary of State replied, in a letter on 24
October, saying that she would be happy to discuss the Bill’s provisions with Members at Leaders’
Committee on 14 November. The letter is attached as Appendix 3.
4. A Shadow Bills team has been established at London Councils and has met with officials from
DCLG. Details of the Bills Team work will be reported to Leaders, through the monthly Public
Affairs Update, as soon as work on the Bill begins.
Strategic planning
5. London Councils has submitted its response to the Department for Communities and Local
Government’s consultation on changes to the Mayor of London Order 2000 following consultation
with Members. The full response is attached as Appendix 1.
6. London Councils has in the past stated that it does not believe it is necessary or appropriate to
give the Mayor the power to grant approval for planning applications. The Government has,
however made clear its intention to give the Mayor some powers in this issue and the current
consultation sets out some details of how this would work. London Councils has a number of
concerns about the workability and acceptability of the terms of the proposed changes to the
Mayor of London Order 2000. The key issues raised by London Councils are:

The Mayor’s decision making process should be as transparent as the activities of
borough planning committees and should address potential conflicts of interest.

Any transfer of development control powers to the Mayor should not make the planning
system more complex, and create delays at a time when the Government wants to
streamline the planning system

The number of cases where the Mayor needs to intervene should be minimised - the
Mayor should only be able to take over a planning application for a limited time after a
borough has resolved to approve or refuse an application, or where after a specified time
the borough has failed to make sufficient progress on the application

Failure of a borough to determine an application within a set timescale should not
automatically cause the Mayor to take it over. The Mayor should be required to show that
any intervention on such grounds takes account of boroughs’ views, such as the
complexity of the case, any unforeseen factors and the behaviour of developers

The Mayor should not be able to take over applications for housing development where a
borough is already delivering: in particular there should be a mechanism under which the
Mayor can confirm he would not seek to use his powers where boroughs are meeting their
housing targets and delivering social housing in line with the London Plan.

The Mayor should demonstrate that his intervention is reasonable in terms of being
needed to ensure delivery of the London Plan, so any use of his powers here would be
open to challenge. The Mayor should not use his new powers to take over an application if
there is a small difference of views with the borough over section 106 or simply to control
the section 106 funding.

On waste, new powers will need to be applied in accordance with the London Plan and so
cannot be used to go outside the policy framework set by the London Plan

The Mayor should focus on strategic issues in cases where he intervenes and should not
be permitted to comment on non strategic matters. It would be disproportionate and
unjustified to give the Mayor the discretion to take over a potentially large number of
planning applications, when the evidence that important strategic developments for
London are being frustrated, due to inappropriate refusals of permission by the boroughs,
is very limited.

On resources London Councils is concerned that expert planners may leave the
employment of boroughs if the decisions on most important applications are regularly
taken at regional level.

It is essential that any review of fees should reflect the costs of implementing the new
arrangements. Even if an application is called in by the Mayor, the costs likely to be
incurred by the local planning authority are likely to be at least as high as if they had
determined the case themselves. Boroughs should not, therefore, lose any of the fee.
Regional Housing Powers and Structures
7. The key decisions relating to housing in the policy statement published by DCLG in July were:

To transfer the responsibilities of the London Housing Board (LHB) to the Mayor;

That the Mayor is to prepare and publish a statutory London Housing Strategy ( in the
long-term) and a strategic Housing Investment Plan (for the next three financial years);

Borough housing strategies will have to be in general conformity with the Mayor’s Housing
Strategy;

The Mayor will decide the broad distribution of the affordable housing part of the Regional
Housing (capital) Pot (RHP);

The Mayor will make recommendations to the Secretary of State on the remainder of the
RCP
8. The DCLG policy statement notes the following constraints on the Mayor’s housing powers:

The priorities in the Mayor’s housing strategy and the Mayor’s funding decisions will have
to be consistent with national policy

The Secretary of State will retain reserve powers of direction over issues of national
importance
Transfer of London regional housing responsibilities
9. The GLA has taken over the responsibilities of the London Housing Board, which was convened
by the Government Office for London. It has also started to implement new regional structures for
London, which are set out in the following GLA diagram:
Scruti
ny
Investmen
t
Strategy
MAYOR
London
Assembly
Housin
g
Invest
ment
Panel
Housing
Deliver
y Group
Politi
cal
engage
-ment
Mayor’s
Housing
Forum
Housing
Equalitie
s
Standing
Group
Sub-groups (to be determined)
10. The first meeting of the Mayor’s Housing Investment Panel took place on 17 October. This group
brings together public bodies responsible for investment resources for housing. This group will
advise the Mayor on the direction of housing investment to meet the priorities and targets set out
in the London Plan and its supporting strategies, in particular the Mayor’s Housing Strategy.
11. At the Housing Forum for London on 11 October, the GLA set out its proposals for the new
engagement structures to support the Mayor. The proposals include a new Mayor’s Housing
Forum to replace the Housing Forum for London. Existing Housing Forum for London sub-groups
will continue at present but will be replaced by time-limited groups on specific issues, probably by
the summer 2007.
12. The Mayor’s Housing Equalities Standing Group will be set up to include the agencies
represented on the 2005 London Housing Strategy Equalities Impact Assessment Steering Group.
The group will advise the Mayor and the Forum and ensure that equalities issues are integrated
into the development of the London Housing Strategy and the Strategic Housing Investment Plan.
13. There will be separately constituted meetings to facilitate political engagement on housing matters
between the Mayor’s Office and elected members from London Councils.
14. The Mayor will establish a Housing Delivery Group, as a forum through which the Mayor and the
Investment Panel would meet directly with organisations building homes.
15. The London Assembly will be responsible for scrutinising the Mayor’s Housing Strategy following
the enactment of the GLA Bill, and the Assembly will determine how it wishes to carry out this
role.
The Regional Housing Pot
16. The GLA has taken over responsibility for monitoring the current (2006-2008) housing capital
programme for the private sector and estate renewal projects. London’s boroughs are working
together in 5 housing sub-regions to deliver the regional housing capital programme, and each
sub-region will submit quarterly progress reports to the GLA rather than GOL.
A statutory London Housing Strategy
17. The GLA intends to publish Towards the Mayor’s Housing Strategy in November 2006. This will
identify areas where the Mayor wishes to strengthen the existing London Housing Strategy,
published in 2005. The deadline for responses will be during February 2007. This will in turn feed
into the publication of the Mayor’s draft Housing Strategy, anticipated in July 2007, but this is
subject to legislative arrangements being in place. The Mayor’s Housing Strategy will require a
significant consultation period, and is therefore unlikely to have statutory status until 2008.
Next steps on the housing front
18. London Councils will be working to:

Ensure boroughs and sub-regions have appropriate representation on Mayor’s regional
housing engagement structures;

Respond to Towards the Mayor’s Housing Strategy, once it is published;

Ensure, in the longer term, that the Mayor’s decisions and recommendations on the allocation
of the next Regional Housing Pot (from 2009) support borough housing priorities.
Waste
19. Further discussions are being held with the Department of Environment, Food and Rural Affairs,
as well as the Government Office for London and the Greater London Authority with respect to
establishing and operating the proposed London Waste and Recycling Forum and Fund.
Financial implications for London Councils
There are no financial implications for London Councils as a result of this paper
Equality implications for London Councils
There are no equality implications for London Councils as a result of this paper