Issue - meetings

To consider a report by the Head of Legal and Democratic Services outlining proposed arrangements for the Council to deal with applications for listing community assets.

Delegated responsibility for receiving and processing applications to the Corporate Team Manager and the responsibility for determining whether an asset should be listed on the Register of Community Assets or not to a Panel of three appropriate Council Officers (who may be drawn from Planning and Housing Strategy, Environment and Community Services and Legal and Democratic Services supported by the Corporate Team), to be designated by Chief Officer Management Team; delegated the responsibility for determining reviews against listing of assets by the owners to the Head of Planning and Housing Strategy after consultation with the Head of Legal and Democratic Services (or their nominees) and the responsibility for putting in place appropriate arrangements for determining requests for compensation and any review requests to the Corporate Team Manager; and requested the Corporate Team Manager to put in place arrangements for publishing how applicable groups can go about making a nomination.

(Councillor T V Rogers, Chairman of the Overview and Scrutiny (Economic Panel), was in attendance and spoke on this item).

Consideration was given to a report by the Head of Legal and Democratic Services (a copy of which is appended in the Minute Book) outlining the arrangements to deal with applications for listing community assets, as required under the Assets of Community Value (England) Regulations 2012.

Members were advised that the legislation had been introduced in September 2012, to assist local community groups in preserving those buildings or land which they consider to be important to the social well being of their communities.  Attention was drawn to the bodies which may make nominations, the proposed process for nominating an asset and the impact of land being listed when the owner wishes to dispose of the land.

The arrangements had been considered by the Overview and Scrutiny Panel (Economic Well-Being) whose comments were relayed to the Cabinet. Having requested clarification on those bodies which could make a nomination and asked whether a disposal would be exempt from the moratorium arrangements in the case of an individual or organisation being placed into administration, the Cabinet

RESOLVED

  (a)  that the responsibility for receiving and processing applications be delegated to the Corporate Team Manager;

  (b)  that responsibility for determining whether an asset should be listed on the Register of Community Assets or not be delegated to a Panel of three appropriate Council Officers (who may be drawn from Planning and Housing Strategy, Environment and Community Services and Legal and Democratic Services supported by the Corporate Team), to be designated by Chief Officer Management Team;

  (c)  that responsibility for determining reviews against listing of assets by the owners be delegated to the Head of Planning and Housing Strategy after consultation with the Head of Legal and Democratic Services (or their nominees);

  (d)  that responsibility for putting in place appropriate arrangements for determining requests for compensation and any review requests be delegated to the Corporate Team Manager; and

  (e)  that the Corporate Team Manager be requested to put in place arrangements for publishing how applicable groups can go about making a nomination.

To consider a report by the Head of Legal and Democratic Services outlining proposed arrangements for the Council to deal with applications for listing community assets.

With the assistance of a report by the Head of Legal and Democratic Services (a copy of which is appended in the Minute Book), the Panel considered the Council’s proposed arrangements for dealing with applications for listing community assets. The Head of Legal and Democratic Services explained that as part of the Localism Act 2011, legislation had been introduced to assist local community groups preserve buildings or land which they considered to be important to their community's social well-being. Members’ attention was then drawn to those bodies which could make nominations and to the proposed process for nominating an asset. Members were assured that Ward Members would be consulted on all applications.

In considering the contents of the report, the Panel questioned how Parish Councils and other interested charities had been made aware of the introduction of the new legislation. Members were informed that a briefing note had been sent to all District Councillors and that this could be circulated to  Parish Councils. They were advised that it would not be appropriate to provide any examples of the assets that might be listed given that the District Council had an obligation to determine applications, and this might be regarded as pre-determination.

In terms of the arrangements for dealing with compensation claims, the Panel was informed the Government had indicated that the estimated costs of compensation would be included within the ‘new burdens’ funding. In addition, the Government had committed to meet the cumulative costs of compensation exceeding £20k in one financial year. In the event of claims exceeding this limit, the District Council would have to request further reimbursement.

Members requested clarification of those bodies which could make a nomination and asked whether a disposal would be exempt from the moratorium arrangements in the case of an individual or organisation being placed into administration. The Head of Legal and Democratic Services undertook to investigate this further and advise Members in due course.

RESOLVED

that the Cabinet be recommended to

a)  delegate responsibility for receiving and processing applications to the Corporate Team Manager;

b)  delegate responsibility for determining whether an asset should be listed on the register of community assets or not to a panel of 3 appropriate Council Officers (who may be drawn from Planning and Housing Strategy, Environmental & Community Services and Legal & Democratic Services, supported by the Corporate Team) to be designated by COMT;

c)  delegate responsibility for determining reviews against listing of assets by the owners to the Head of Planning & Housing Strategy after consultation with the Head of Legal & Democratic Services (or their nominees);

d)  delegate responsibility for putting in place appropriate arrangements for determining requests for compensation and any review requests to the Corporate Team Manager; and

e)  request the Corporate Team Manager to put in place arrangements for publishing how applicable groups can go about making a nomination.