Local democracy

Agenda item

NOMINATION TO LIST ASSETS AS ASSETS OF COMMUNITY VALUE - LAND AT JUNCTION OF DALE VIEW AND BEVERLEY RISE; LAND AT BACK GROVE ROAD AND WHEATLEY LANE FORMER PUBLIC CONVENIENCES

The report of the Interim Strategic Director, Corporate Resources,

(Document “E”) informs Members that the Council has received nominations to list land at the junction of Dale View and Beverley Rise; land at Back Grove Road and a form public convenience on Wheatley Lane, as Assets of Community Value under the Localism Act 2011.

 

The report considers whether the nomination and nominated asset meet the Asset of Community Value criteria set out in the Localism Act and contains a recommendation as to whether or not the nomination should be approved.

 

Recommended –

 

1)    That in accordance with option 1, contained in Document “E” the nomination of land at the junction of Dale View and Beverley List be approved as an Asset of Community Value on the grounds that is does meet the criteria and definition of an Asset of Community Value as set out in the Localism Act 2011.

 

2)    That in accordance with option 1, contained in Document “E” the nomination of land at Back Grove Road be approved as an Asset of Community Value on the grounds that is does meet the criteria and definition of an Asset of Community Value as set out in the Localism Act 2011.

 

3)    That in accordance with option 2, contained in Document “E”, the nomination  of the former public convenience at Wheatley Lane be rejected on the grounds that it does not meet the criteria and definition of an Asset of Community Value as set out in the Localism Act 2011.

 

(Corporate Overview and Scrutiny Area)          (Nigel Gillatt – 01274 434224)

Minutes:

The report of the Interim Strategic Director, Corporate Resources,

(Document “E”) informed Members that the Council had received nominations to list land at the junction of Dale View and Beverley Rise; land at Back Grove Road and a form public convenience on Wheatley Lane, as Assets of Community Value under the Localism Act 2011.

 

The report considered whether each nomination and asset met the Asset of Community Value criteria set out in the Localism Act and contained a recommendation as to whether or not the nomination should be approved.

 

Document “E” included  the definition of an Asset of Community Value and identified who could nominate an asset to be listed.

 

The four criteria which must be fulfilled for an asset to be listed were reported and it was confirmed that all three nominations included in the report had been considered against that criterion.  An individual assessment of each nomination against the criteria was included in the report.

 

Each nomination was discussed separately and following a detailed presentation on each one a number of issues were raised to which the following responses were provided:-

 

Land at the junction of Dale View and Beverley Rise

 

The freehold land adjacent to Dale View and Beverley Rise belonged to the property at 5 Dale View.  The land, however, formed part of the adopted highway and as such was excluded from HM Land Registry.

 

It was confirmed that the nominee, Ilkley Parish Council, was eligible to make the nomination.  The land was not exempt from nomination as it was not part of the curtilage of the property at 5 Dale View.  The asset formed essential green space within a built up area and it was regularly used as a children’s play space and dog walking area.  It was believed that the land would continue to be used in a way which would further the social well being and social interests of the community within the next five years.  Following legal appraisal the Strategic Director had been advised to list the land as an Asset of Community Value.

 

A recent planning application which had been submitted by the residents of 5 Dale View had been refused and an appeal against that decision had been lodged.  It was explained that had the planning application been approved a Traffic Regulation Order would have been required to remove the land from the adopted highway.

 

A legal representative for the owners of 5 Dale View addressed the meeting.  He explained that an application had been submitted to HM Land Registry regarding the land. HM Land Registry had confirmed that the land formed part of the adopted highway but was included within the property at 5 Dale View’s red line boundary.  The planning application had been made in an attempt to have the land excluded from the highway and included in the curtilage of the property. 

 

The legal representative referred to comments contained in the report presented to the Area Planning Panel (Keighley and Shipley) which he believed were contrary to the opinion contained in Document “E” with regard to the primary use of the land.

 

Land at Back Grove Road

 

It was confirmed that all four criteria for the land to be listed had been met, however, with regard to the fourth criteria there was some doubt about whether a car park in that location would be realigned and the listing as an Asset of Community Value could have a bearing on those future plans.

 

Wheatley Lane Former Public Convenience

 

The four criteria had been applied to the nomination and it had been concluded that the asset did not meet the conditions required.

 

Ilkley Parish Council wished for the land to be retained for public use, however, the toilet facilities had not been used for 6 years and the buildings were beyond economic repair.  The amenity value of the land could be considered but at the current time it was overgrown.    Demolition of the building would be problematic as it formed part of the retaining wall of the adjacent property.  It was also confirmed that there was no available budget to demolish or repair the building.  The building was not in a dangerous condition, therefore, no further action would be undertaken.

 

In response to questions about the land’s value as garden space it was explained that the land was positioned at a much lower level than nearby properties and that there was an electricity sub station located close by.  The land was located on a bend in the road and it was felt it had only a nominal value.

 

If the asset was listed and a developer wished to utilise the land any proposal would have to be advertised and Ilkley Parish Council would be informed.  Members were advised, as contained in Paragraph 3.1.2 of Document “E”, that the listing of land or property as an Asset of Community Value had the effect of preventing owners from disposing of their listed property without first notifying the Council of their intention to sell.   The notification of intention to sell triggered a six week moratorium on disposal during which local community groups and parish councils were able to express an interest in bidding for the property.  If no expressions of interest were received the owner would be free to dispose of the property at the end of the six week period.  If an expression of interest was received the initial six week moratorium would be extended to six months to allow community groups and parish councils to prepare a bid for the property or to enter into negotiations with the property owner.  At the end of the six month period the owner was able to sell the property to whomever they wished and by whatever means they wanted.  If the property was not sold within 18 months of the notification to sell the disposal process must start again.  Once sold a property would be removed from the list of Assets of Community Value.

 

It was clarified that the Community Right to Bid provisions did not:-

 

·         Give community groups or parish councils a right of first refusal when listed land and buildings were for sale.

·         Give community groups or parish councils the right to purchase land and property listed as Assets of Community Value at a reduced price.

·         Compel a property owner to sell to a community group or Parish Council.  Once the procedures set out in the Localism Act were complied with property owners were free to sell property to whomever they wished.

·         Restrict how a property owner could use their property.

 

Resolved –

 

1)    That it be recommended to the Interim Strategic Director, Corporate Resources, that in accordance with option 1, contained in Document “E” the nomination of land at the junction of Dale View and Beverley Rise be approved as an Asset of Community Value on the grounds that is does meet the criteria and definition of an Asset of Community Value as set out in the Localism Act 2011.

 

2)    That it be recommended to the Interim Strategic Director, Corporate Resources, that in accordance with option 1, contained in Document “E” the nomination of land at Back Grove Road be approved as an Asset of Community Value on the grounds that it does meet the criteria and definition of an Asset of Community Value as set out in the Localism Act 2011.

 

3)    That it be recommended to the Interim Strategic Director, Corporate Resources in accordance with option 1, contained in Document “E”, the nomination of the former public convenience at Wheatley Lane be approved as an Asset of Community Value on the grounds that it does meet the criteria and definition of an Asset of Community Value as set out in the Localism Act 2011.

 

OVERVIEW AND SCRUTINY AREA: Corporate

ACTION: Interim Strategic Director, Corporate Resources.

 

Supporting documents: