Issue - items at meetings - KD 3850 Assets of Community Value

Issue - meetings

KD 3850 Assets of Community Value

Meeting: 12/03/2014 - Cabinet (Item 10)

10 Assets of Community Value pdf icon PDF 195 KB

A report from the Director of Finance, Resources and Customer Services is attached. This sets out the recommended process to ensure that the Council complies with its responsibilities as set out in the Localism Act 2011. (Key decision – reference number 3850)

(Report No.207)

(8.40 – 8.45 pm)

Additional documents:

Minutes:

Councillor Andrew Stafford (Cabinet Member for Finance and Property) introduced the report of the Director of Finance, Resources and Customer Services (No.207) setting out the recommended process to ensure that the Council complies with its responsibilities as set out in the Localism Act 2011.

 

NOTED

 

1.               That there was now a duty on a local authority to consider applications from certain groups who wished to nominate assets (both public and private) as Assets of Community Value. The local authority must maintain a list of Assets of Community Value which would be known as the “List of assets of community value”. There was also the requirement for Local Authorities to maintain a list of unsuccessful nominations.

 

2.               The processes to be followed as set out in section 4 the report, and the timescales that would apply.

 

3.               That the Council would be liable to cover compensation claims of up to £20,000 per annum. Beyond this figure, the Government would reimburse the local authority for any payments made.

 

4.               That the Council had no option but to comply with this statutory requirement, however, concern was expressed over the legislation and its potential negative effects.

 

5.               That whilst this was a Cabinet decision, Members asked that the report be referred to full Council for noting only.

 

Alternative Options Considered: As this was a new area of legislation research had been undertaken to see what other authorities were doing. At present all appeared to be managing the Right to Bid within their own authority. When the process was tested by way of a nomination this would give an opportunity to review how the process was operated and whether the lead service should continue to do so.

 

DECISION: The Cabinet agreed

 

1.               To note the new duty under the Localism Act 2011 to implement the Community Right to Bid.

 

2.               The management approach for the implementation of the Community Right to Bid.

 

3.               The evaluation criteria for assessing nominated assets of community value.

 

4.               That any additional costs be contained within existing services and contingency budgets in 2014/15.

 

RECOMMENDED TO COUNCIL that the report be noted.

 

Reason: To ensure that the council fully complies with the requirements of the Localism Act 2011 and maintains a register of successful and unsuccessful nominations.

(Key decision – reference number 3850)