Local Government
There's more to local government than planning, parking tickets and potholes. Local authorities are responsible for a huge range of activities that affect businesses and, inevitably, they don't always get it right. So if you feel as if you have been unfairly treated, how can you go about seeking some action or redress?
For many complaints against local authorities, there are plenty of remedies available that do not require you to set foot in a courtroom. All councils have an official complaints procedure, although this may operate slightly different between councils, with a right of appeal to the independent Local Government Ombudsman The initial target of any complaint should be the head of the council department responsible – if this does not get a result, then the next port of call should be the council's complaints officer and, if you're still not happy, your local councillor or the councillor with responsibility for the department you are complaining about.
When these avenues are exhausted, you can appeal to the Local Government Ombudsman (www.lgo.org.uk) who has the power to intervene with the council. In England, complaints about the ethical behaviour of individual councillors are handled by the Standards Board of England (www.standardsboard.co.uk).
The ultimate legal sanction against local authorities is to take them to Judicial Review if you have evidence that a council has exceeded its legal authority or been unreasonable – unlike the Government appeals to the Ombudsman, this is a long, expensive and public process should be treated as a last resort.
Another tool at your disposal when dealing with public authorities is the Freedom of Information Act, which came into force at the beginning of 2005 and gives individuals the right to see a wide range of policy documents and statistics held by councils. Some information remains confidential, but requests are usually free.
Business rates
Although business rates are collected by local councils, the power to set the level of business rates was removed from local authorities and they are now set by central government. Non-domestic properties are revalued every five years (most recently in 2005) by the Valuation Office Agency, but while there is no right of appeal against the rate set by the government, but businesses can appeal against the rateable value of their premises – or council valuation officers can change the rateable value of a property if the circumstances of the property have changed.
The process of appealing is known as making a proposal to alter the rating list. The first stage should be to appeal to your local council’s valuation officer. If you and the valuer fail to agree then the
matter will be referred to a valuation tribunal, details of which can be found at http://www.voa.gov.uk/business_rates/appeals.htm. The grounds for appeal are extremely limited however.
Some occupiers of non-domestic can apply for discounts on or exemptions from business rates, for example small businesses and charities. Information on which discounts will apply will be on your local council’s website.
Planning
Few issues raise more passion than planning and as property prices soar and the government and councils look for new land to tackle housing shortages, planning decisions are becoming more and more controversial. But if somebody is intending to re-route the local by-pass through your car park, you can don’t just have to sit there and take it.
For all but the biggest projects your local council – district, borough or unitary, depending on where you live - is the initial arbiter of planning applications. On receiving an application, a council must notify neighbouring residents and other interested parties and allow them 21 days to object or suggest changes. A council planning officer will make a recommendation based on national planning guidelines, its own local development plans and the comments it receives from the neighbours and the final decision is usually made by the council's head of environment.
If the plan is rejected, the applicant can appeal (within six months) to The Planning Inspectorate, although the grounds on which appeals can be made are limited and a more successful approach is often to work with the council to amend the original proposal rather than appeal. Appeals are often considered without a personal hearing, but if there is a hearing than either side can be liable for the other side's costs if they are unsuccessful. Those who objected to the original application will also be informed of the appeal so that they can comment again.
Very large or controversial schemes can be 'called in' by the Department of Communities and Local Government and decided by the Deputy Prime Minister, while councils also take legal action on behalf of their residents against planning decisions made at national or regional level.
For many complaints against local authorities, there are plenty of remedies available that do not require you to set foot in a courtroom. All councils have an official complaints procedure, although this may operate slightly different between councils, with a right of appeal to the independent Local Government Ombudsman The initial target of any complaint should be the head of the council department responsible – if this does not get a result, then the next port of call should be the council's complaints officer and, if you're still not happy, your local councillor or the councillor with responsibility for the department you are complaining about.
When these avenues are exhausted, you can appeal to the Local Government Ombudsman (www.lgo.org.uk) who has the power to intervene with the council. In England, complaints about the ethical behaviour of individual councillors are handled by the Standards Board of England (www.standardsboard.co.uk).
The ultimate legal sanction against local authorities is to take them to Judicial Review if you have evidence that a council has exceeded its legal authority or been unreasonable – unlike the Government appeals to the Ombudsman, this is a long, expensive and public process should be treated as a last resort.
Another tool at your disposal when dealing with public authorities is the Freedom of Information Act, which came into force at the beginning of 2005 and gives individuals the right to see a wide range of policy documents and statistics held by councils. Some information remains confidential, but requests are usually free.
Business rates
Although business rates are collected by local councils, the power to set the level of business rates was removed from local authorities and they are now set by central government. Non-domestic properties are revalued every five years (most recently in 2005) by the Valuation Office Agency, but while there is no right of appeal against the rate set by the government, but businesses can appeal against the rateable value of their premises – or council valuation officers can change the rateable value of a property if the circumstances of the property have changed.
The process of appealing is known as making a proposal to alter the rating list. The first stage should be to appeal to your local council’s valuation officer. If you and the valuer fail to agree then the
matter will be referred to a valuation tribunal, details of which can be found at http://www.voa.gov.uk/business_rates/appeals.htm. The grounds for appeal are extremely limited however.
Some occupiers of non-domestic can apply for discounts on or exemptions from business rates, for example small businesses and charities. Information on which discounts will apply will be on your local council’s website.
Planning
Few issues raise more passion than planning and as property prices soar and the government and councils look for new land to tackle housing shortages, planning decisions are becoming more and more controversial. But if somebody is intending to re-route the local by-pass through your car park, you can don’t just have to sit there and take it.
For all but the biggest projects your local council – district, borough or unitary, depending on where you live - is the initial arbiter of planning applications. On receiving an application, a council must notify neighbouring residents and other interested parties and allow them 21 days to object or suggest changes. A council planning officer will make a recommendation based on national planning guidelines, its own local development plans and the comments it receives from the neighbours and the final decision is usually made by the council's head of environment.
If the plan is rejected, the applicant can appeal (within six months) to The Planning Inspectorate, although the grounds on which appeals can be made are limited and a more successful approach is often to work with the council to amend the original proposal rather than appeal. Appeals are often considered without a personal hearing, but if there is a hearing than either side can be liable for the other side's costs if they are unsuccessful. Those who objected to the original application will also be informed of the appeal so that they can comment again.
Very large or controversial schemes can be 'called in' by the Department of Communities and Local Government and decided by the Deputy Prime Minister, while councils also take legal action on behalf of their residents against planning decisions made at national or regional level.
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