Guidance

Long-Term Plan for Towns: Toolkit for Town Boards in Wales

Published 28 March 2024

Applies to Wales

The Long-Term Plan for Towns is designed to help local areas make the most of all powers and tools at their disposal. As part of designing an investment plan, we expect all Town Boards, supported by the local authority, to demonstrate how they are using powers, where they apply. 

This toolkit of powers is a comprehensive but non-exhaustive list of levers available to Towns Boards in Wales under the 3 themes of the Long-Term Plan for Towns.

Safety and security powers available

Powers in the Anti-social Behaviour, Crime and Policing Act 2014

This is a summary of the powers introduced through the Anti-social Behaviour, Crime and Policing Act 2014. If local authorities are considering using these powers, view the Home Office’s Statutory Guidance for Frontline Professionals.

1. Public Spaces Protection Orders (PSPOs) are used to address persistent anti-social behaviour incidents, such as a group being drunk and disorderly or dogs fouling in a public park, by imposing conditions on the use of a certain area, which apply to everyone. Local authorities are responsible for issuing PSPOs, on any public space within their area, but they must do so in consultation with the police and appropriate community representatives.

PSPOs can be issued by the local authority if they are satisfied on reasonable grounds that the activity or behaviour concerned, carried out, or likely to be carried out, in a public space has:

• had, or is likely to have, a detrimental effect on the quality of life of those in the locality;
• is, or is likely to be, persistent or continuing in nature; and
• is, or is likely to be, unreasonable and justifies the restrictions imposed.

Local authorities could use Town Boards to agree PSPOs and involve them in public consultation. Alongside the required consultation set out in the legislation and the relevant bodies.

2. Civil injunctions are a tool that can stop individuals engaging in anti-social behaviour quickly. A civil injunction can also include positive requirements, such as requiring an individual to attend a drug rehabilitation course.

They are issued by a civil court following an application from agencies including - but not limited to:

• the police
• local authorities
• housing providers

The court must be satisfied on the balance of probabilities that the respondent engaged or threatened to engage in anti-social behaviour and that it is just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in anti-social behaviour.

3. Community Protection Notice (CPNs) are designed to stop individuals, businesses, or organisations from committing anti-social behaviour. They are used to deal with ongoing problems or nuisances, which are having a detrimental effect on the community’s quality of life by targeting those responsible. CPNs can be applied by police, local authorities and registered housing providers.

A CPN can only be issued if the offender has been given a written warning, in addition to being given enough time to make necessary changes. Failure to comply with a CPN can lead to a court summons and, on conviction, can result in a fine of up to Level 4, currently £2,500 for individuals, or £20,000 for businesses. A Fixed Penalty Notice (FPN) may also be issued for this behaviour.

4. Closure powers can prohibit access to licensed and non-licensed premises for a specified period. They are used to temporarily close premises where there is, or is likely to be, incidents of anti-social behaviour. The power is used in 2 stages; the first stage is the Closure Notice and the second is the Closure Order.

The Closure Notice can be used by the local authority or the police out of court and can be issued, in the first instance, for 48 hours or extended from 24 hours up to a maximum of 48 hours by the local authority’s chief executive officer (head of paid service) or designate thereof, or by a police superintendent. Following the issuing of a Closure Notice, an application must be made to the magistrates’ court for a Closure Order, unless the closure notice has been cancelled. The Closure Order, if granted by the Court, can last up to 6 months.

5. Criminal Behaviour Orders (CBOs) are orders made in the criminal court. They are aimed at preventing a person who has been convicted of another criminal offence, from committing anti-social behaviour (including threatening others in the community, persistently being drunk and aggressive in public). CBO prosecutions can occur following a request from the police or local authority. To issue a CBO, the court must be satisfied beyond reasonable doubt that the offender has engaged in behaviour that has caused or is likely to cause harassment, alarm or distress to any person. The court must also consider that making the order will help prevent the offender from engaging in such behaviour.

The terms of the CBO must include the duration of the order. For adults this is a minimum of 2 years, up to an indefinite period. For under 18s, the order must be between 1 and 3 years.

6. The Anti-Social Behaviour Case Review is an important statutory safety net for victims of anti-social behaviour, who believe they have not had a satisfactory response to their complaints about anti-social behaviour. Victims have the right to request an anti-social behaviour case review, where a local threshold is met. The review must involve all relevant parties including local authorities, police, integrated care boards, and registered providers to review a victim’s case. The purpose is to bring agencies together to take a joined up, problem-solving approach to find a solution for the victim. Town Boards could be involved in representing victims of their communities.

Case study: Sandwell Council

Sandwell Council worked with ASB Help to review its Anti-Social Behaviour Case Review process. The council consulted with its statutory partners, other stakeholders and the community during its review. They developed a revised policy which aims to improve the service for victims, including a ‘triple package’ offer of support, advocacy and representation at the case review for any victim where the threshold is met, as well as  a new threshold allowing cases that don’t meet the primary criteria to be referred to a case review by a senior manager from one of the statutory partners. They also created a suite of documents to provide greater clarity to victims and assist staff decision making.

7. A Community Remedy gives victims a say in the out-of-court punishment of perpetrators of anti-social behaviour when a community resolution, conditional caution or youth conditional caution is chosen as the most appropriate response. A “Community Remedy Document”, produced by the Police and Crime Commissioner (in agreement with the local chief constable and after consultation with members of the public and community groups), includes a list of actions which may be chosen by the victim for the perpetrator to undertake.

Powers in the Environmental Protection Act 1990

8. Local authorities can issue Fixed Penalty Notices (FPNs) to take appropriate enforcement action against fly-tipping, illegal dumping and illegal waste. FPNs can range from £150 to £1,000, if settled out of court or an unlimited amount if taken to court.

Anti-Social Behaviour Action Plan

9. Building on existing powers, on 27 March 2023, the government published the Anti-Social Behaviour Action Plan. The Action Plan sets out an ambitious new approach to working with local agencies to tackle anti-social behaviour in England and Wales.

As part of the Action Plan, we announced Hotspot Response and Immediate Justice trailblazers. For some towns on the Programme, Police and Crime Commissioners on their Town Board will hold responsibilities for these pilots. Town Boards could be used as a forum for discussion of how Hotspot Policing and Immediate Justice is deployed in a Town. Considering specifically Hotspot Policing, this should be based on data and analysis conducted by the Police, which may result in no hotspot being identified or prioritised. The deployment of Officers will remain at the direction of the local Force. Considerations may include (but are not limited to):

• how to deploy Hotspot Response funding for additional local authority wardens through Community Safety Partnerships
• if multiple hotspots are identified, the locations could be discussed and review in conjunction with the Police
• how anti-social behaviour offences and breaches of orders are referred into Immediate Justice or similar programmes of work, such as Youth Diversion

Proposals to further strengthen existing powers

On 14 November 2023, the government introduced the Criminal Justice Bill in Parliament. Through this bill, we are committed to strengthening and improving existing powers to reduce and prevent anti-social behaviour. It includes plans to:

• protect the public and keep our neighbourhoods safe by giving the police and others the powers they need to cut crime and anti-social behaviour, including in response to the use of technology by criminals
• introduce tougher sentencing for sexual and violent criminals and strengthening the supervision of offenders following their release from prison
• improve public confidence in policing by ensuring that police officers adhere to the highest standards of integrity and professionalism

High streets, heritage and regeneration powers available

Powers in the Improvement Districts (Wales) Regulations ACT 2005 

Business Improvement Districts 

1. A Business Improvement District (BID) is an area in which local businesses have voted to invest together to improve their environment. In BIDs, eligible business rate payers are charged a levy on top of the business rates bill, to deliver projects and services to their collective benefit.

There is no limit on what projects or services can be provided through a BID, but it must be additional to services provided by local authorities. Improvements may include extra safety and security, cleansing and environmental measures. There are reported to be over 300 BIDS operating across the UK, including 14 in Wales. Read the Welsh Government’s guidance on BIDs.

Case study: Swansea BID

The recent enhanced policing operations driven by Swansea BID and its intelligence sharing, implemented in collaboration with South Wales Police, has yielded significant results. In just 3 weeks, 26 directions (Section 35s) for individuals to leave the BID area have been issued, 46 stop-searches conducted, 52 arrests, and 39 incidents. Additionally, 300 visits to stakeholders have been completed.  

This proactive approach has already demonstrated positive outcomes, with traders and visitors expressing an enhanced sense of safety. Moreover, there is a noticeable improvement in the local economy and vibrancy, as attested by initial positive consultations with local businesses. The BID are committed to sustaining and furthering these positive developments through continued collaboration.

Powers in the Highways Act 1980 

Pavement Licenses 

2. Local authorities and Town Boards can encourage businesses to apply for pavement licences. These allow furniture to be placed outside the premises, creating outdoor dining spaces.

Powers in the Town and Country Planning Order 1995

Local Development order

3. Local Development Orders (LDO) are locally focused planning tools that local planning authorities can use to grant planning permission for specific types of development within a defined geographical area. LDOs can play a role in incentivising development by simplifying the planning process and making investment more attractive. Local planning authorities could use LDOs for many reasons, including to regenerate high streets, incentivise development on stalled sites, and to deliver housing. Read the Welsh Government’s guidance on LDOs.

Permitted Development Rights

4. Permitted development rights (PDRs) are a national grant of planning permission that allow certain building works and changes of use to take place, without having to submit a planning application.

Read the Welsh Government’s guidance on PDR.

Compulsory Purchase Order

5. Section 226 of the Town and Country Planning Act 1990 is a compulsory purchase power which enables local authorities to assemble land or acquire properties to deliver regeneration schemes, providing there is a compelling case in the public interest for use of the power. It can be used to acquire vacant or derelict land and properties in a high street (which are an eye sore and attract anti-social behaviour), to improve the well-being of the area and encourage greater economic activity.

The Welsh Government has also published a Compulsory Purchase Order Manual, which covers detailed guidance and best practice for those responsible for the preparation of a compulsory purchase order and its application. 

Powers in the Housing Act 1985

Compulsory Purchase Powers for housing

6. Section 17 of the Housing Act 1985 provides a compulsory purchase power that empowers local housing authorities (in England and Wales) to acquire land, houses or other properties for the provision of housing accommodation (providing there is compelling case in the public interest for use of the power). The acquisition must achieve a quantitative or qualitative housing gain.

Empty Dwelling Management Orders

7. The Housing Act 2004 introduced a power for local housing authorities to take over management control of a qualifying residential property, known as Empty Dwelling Management Orders.

Powers in the Town and Country Planning Act 1990 

Maintenance of Land Notices 

8. Through the Town and Country Planning Act 1990, a local planning authority can serve a Section 215 Notice to require an owner to take steps to clean up land or buildings, when their condition adversely affects the amenity of an area. This notice must detail the steps to be taken and the associated timescales. Local planning authorities should consider how proactive use of this power could support local regeneration aims, identifying opportunities with their Town Board.

Examples can be found in the Town and Country Planning Act 1990 Section 215: best practice guidance. The Welsh Government has also published guidance: Welsh Government’s Development Management Manual.  

Powers in the Law of property act 1925 

Force of Sale

9. The Law of Property Act 1925 allows a local authority with a debt on a vacant property to register the debt as a charge, registered in Part 2 of the Local Land Charges Register. The local authority has all the powers and remedies available to a mortgagee under the Law of Property Act 1925, which would include a power to force the sale of the property to recover the debt.

Powers in the Law of property act 1925 

Force of Sale

10. The Law of Property Act 1925 allows a local authority with a debt on a vacant property to register the debt as a charge, registered in Part 2 of the Local Land Charges Register. The local authority has all the powers and remedies available to a mortgagee under the Law of Property Act 1925, which would include a power to force the sale of the property to recover the debt.

Powers in the Planning (Listed Buildings and Conservation Areas) Act 1990  

Force of Sale Conservation Area Management

11. Local planning authorities are required to identify ‘areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance’ and designate them as conservation areas. They must also formulate and publish proposals for the preservation and enhancement of these conservation areas from time to time. The Act also requires local planning authorities to give special attention to the desirability of preserving or enhancing conservation areas in local development plan policies and when taking planning decision.

Listed buildings

12. Local planning authorities can prepare local lists to give locally important heritage assets some protection under the planning system. Where an asset is locally listed, it should be afforded weight within planning decisions. Local planning authorities should think about the role listing assets could play in protecting heritage.

Read the Welsh Government’s technical advice note on the historic environment. 

Listed building disrepair order

13. A local authority can serve a repairs notice which specifies works that it considers reasonably necessary to bring a listed building into the state of repair needed for its proper preservation. There is no provision for works to be carried out in default. However, the authority may begin compulsory purchase proceedings if there has been no material change in the condition of the building after at least 2 months.

Listed building emergency repairs

14. A local authority, or the Welsh Ministers, may undertake works that are urgently necessary to preserve a listed building. The owner must be given at least 7 days’ written notice of the intention to carry out the works, which must be specified in the notice.

The works are generally limited to what is urgently necessary to keep a building wind- and weatherproof and safe from collapse. If the building is in residential use in whole or in part, the works may not interfere unreasonably. 

Local authorities may recover costs by imposing a land charge, which can be followed by enforced sale procedures. Interest can also be charged on outstanding costs. The owner has a right of appeal against the costs. 

Powers in the Local Government Act 1972

Community Asset Transfer

15. Community Asset Transfer allows local authorities to sell land and buildings at lower than market value when a disposal will benefit the community through the “promotion or improvement” of the economic, social or environmental well-being of the area or when the value of the asset disposed is less than £2 million

Read the Welsh Government’s guidance on Community Asset Transfer.  

Powers in the Future Generations (Wales) Act 2015

The Well-being of Future Generations (Wales) Act gives a legally-binding common purpose – the 7 wellbeing goals – for the Welsh government, local government, local health boards and other specified public bodies. It details the ways in which specified public bodies must work, and work together to improve the well-being of Wales. Its aim is to make the public bodies listed in the Act think more about the long-term, work better with people and communities and each other, look to prevent problems and take a more joined-up approach. 

See the Welsh Government’s guidance for more information.  

Case study: Gwesty Seren

This Community Asset Transfer has transformed a former residential home for the elderly owned by Gwynedd Council into a hotel that provides respite holidays for people with learning disabilities, their families and carers. 

Gwesty Seren in Llan Ffestiniog is owned and managed by Seren Ffestiniog Cyf, a social enterprise, and is open to all members of the public. It also offers respite adventure holidays for a specific audience. The Community Asset Transfer was completed in 2011-12 and funded by the Big Lottery Fund, Magnox, Welsh Government (Visit Wales), Snowdonia National Park Authority and Gwynedd Social housing. It was also funded by Seren Ffestiniog’s investments and borrowings and support from the Big Lottery Fund, which included capital and revenue support.

Transport and connectivity powers available

Powers in the Planning ACT 2008

Community Infrastructure Levy

16. The Community Infrastructure Levy (CIL) is a charge that can be levied by local authorities on new development in their area. It can be used to fund a wide range of infrastructure to support the development on an area. This could include transport, schools, hospitals and green spaces.

Powers in the Active Travel Act 2013

Encouraging Active Travel

17. The Active Travel (Wales) Act 2013  (the 2013 Act) places a duty on local authorities, in Wales, to produce Active Travel Network Maps of walking and cycling networks, and to deliver year on year active travel improvements along the mapped routes and their related facilities (toilets, cycle parking etc.). These routes should be coherent, direct, safe, comfortable and attractive.

The 2013 Act also requires highways authorities, in Wales, to make enhancements to routes and facilities for pedestrians and cyclists in all new road schemes and to have regard to the needs of active users in a range of other highway authority functions, such as maintenance. 

The Welsh Government has published guidance on the 2013 Act which, in addition to explaining its provisions, also provides guidance on the design of active travel routes for walking and cycling.