The Council has received a nomination to list the land and property known as Ashwell Allotments as an Asset of Community Value under the Localism Act 2011.

The report of the Strategic Director, Corporate Resources (Document “V”) considers whether the nomination and nominated asset meet the Asset of Community Value criteria set out in the Localism Act. The Committee is asked to make a recommendation to the Strategic Director, Corporate Resources to approve the nomination or not.

Recommended –

Option 1 - That the Strategic Director, Corporate Resources accept the nomination of the site Ashwell Allotments on the grounds that it meets the criteria and definition of an Asset of Community Value as set out in the Localism Act 2011.

(Nigell Gillatt – 01274 434224)

The Council had received a nomination to list the land and property known as Ashwell Allotments as an Asset of Community Value (ACV) under the Localism Act 2011.

The report of the Strategic Director, Corporate Resources (Document “V”) considered whether the nomination and nominated asset met the Asset of Community Value criteria set out in the Localism Act. The Committee was asked to make a recommendation to the Strategic Director, Corporate Resources to approve the nomination or not.

The Senior Surveyor Research and Development Officer was in attendance and with invitation of the Chair gave a detailed synopsis of the report.

Following report presentation, a question and answer session ensued –

·         If the Committee was minded to approve the land as an asset of community value, would the Committee’s decision prevent the owner from submitting a planning application for development?

o   According to legislation, if the owner submitted a planning application then it would be considered as a material planning application; and,

·         Following the owner’s 12 months notice served on remaining allotment holders, did the allotment holders have any rights at present?

o   Yes, under the Community Right to Bid.

A legal representative on behalf of the owner was in attendance and with the invitation of the Chair, put forward his representations to the Committee. He explained that the land was not protected as ‘statutory allotment land’ hence the owner had served a 12 months written to notice for the allotment holders to vacate the land. The owner wished to develop on the land. He had also managed to gain in the region of 40% possession of the land to date from ex allotment holders who decided to vacate their allotment plots. Following consultations with a planning team, the owner had been notified that planning was not required for land.

The Committee thought information from the legal representative on the current use of the vacated 40% land gained from the ex allotment holders and what was the owner’s intention to build on the land for the long term use. In response, it was explained that the vacant land was presently being used as a garden rear to his home and in relation to long term circumstances the intention was unknown at this present time.

Friends of Ashwell Allotments were present and with the invitation of the Chair, put forward the following representations to the Committee. There were a total of 12 plots and 3 had been vacated. No agreement would exist following the 12 months notice period. The allotment holders were asked to sign to quit their allotments. This land was originally purchased 80 years ago for the sole purpose of serving the wider Heaton community to use as open space and recreation facilities. The Church had not engaged effectively with the allotment holders prior to or during the sale of the land. The allotment holders were shocked for having been served a 3 months notice to quit on the remaining allotment holders as opposed to a 12 months notice. This nomination was the result of the owner serving notice on the allotment holders. It was paramount that the open space green land be protected for the wider Heaton community. We the Friends of Ashwell Allotments had expectations for the committee to approve the nomination as a community asset due to the land meeting all conditions required.

A furtehr question and answer session ensued –

·         Had the allotment holders expressed their concerns with the Church?

o   They had been made were aware of the negotiations between the Church and the owner had been on going over 4 years but were naive in the context of the not realising how swiftly the Church would complete the sale following agreement of a sale price. When the allotment holders had been updated that the Church was on the verge of selling the land following the agreement made between the two parties, it was at this point that the route of an ACV was sought for the land;

·         Had the ACV been applied for while the land was owned by the Church?

o   Correct;

·         Had the Church been aware of the application submission for an ACV?

o   It had not been made aware of an ACV application submission;

·         What date had the ACV been submitted and the sale of land completed?

o   22 October 2019 and 4 November 2019, respectively;

·         Would the solicitors have known that the land was being applied for as an ACV?

o   This information would not necessarily come out during the search processes;

·         A plot within the land had a trampoline, was this permitted?

o   The tenancy agreement stipulated that 75% of the land had to remain as open green cultivated land and the remaining 25% as the community wished; and,

·         The owner had purchased the land for £130,000 and this amount of sum was a clear sign of a vision he had for development. What would be the next process for the owner following the vacation of the whole land?

o   He would have to inform the Council that the land was no longer in use as allotments and then the Council would make a decision whether to delist the land. The owner wished to gain possession of the all the land that he had purchased and then progress with his land as he pleased following delisting by the Council.

Following the latter, a further discussion entered into phase, as follows –

·         It was very unfortunate that the owner wished to develop on the land as this green space would benefit the wider Heaton community;

·         Despite the owner having made a heavy financial investment towards purchasing the land, this open green space should be supported for the wider Heaton community for social wellbeing and a healthy lifestyle;

·         This green space land was valued heavily as an environmental area used by allotment holders, child minders and other community members for numerous facilities;

·         An Asset Community Value will not benefit the land due to the owner’s intention of not wishing to continue with the use of land as allotments;

·         There was a lack of information in the report to suggest that the land was currently being used for social being and therefore the nomination for an ACV should be refused;

·         The Heaton Community were involved with this land and it was known as allotment land for a significant amount of years;

o   In response to comment, the legal representative stated that part of the land was used as allotment land.

·         It was about how the nature of the green space land was used, the benefits it had for the community; and,

·         Following the valuation of the land by the Church, it had been valued at £25,000 but with planning permission approval, the land would be worth significantly more.

o   In response to comment, the Senior Surveyor Research and Development Officer explained that the planning permission would only entail a material consideration.

The Chair concluded the discussion of the item by stating that following the detailed consideration of Document “V” and the sentiments expressed by all parties at tonight’s meeting, the Committee therefore:

Resolved –

Option 1 - That the Strategic Director, Corporate Resources accept the nomination of the site Ashwell Allotments on the grounds that it meets the criteria and definition of an Asset of Community Value as set out in the Localism Act 2011.

ACTION: Strategic Director, Corporate Resources