Agenda item

Community Asset Transfer

*     (Copy herewith)

Decision:

Cabinet delegated authority to the Economic Growth and Regeneration Manager, in consultation with the Borough Secretary, Chief Finance Officer and Cabinet Member for Regeneration and Enterprise to complete the transfers of Public Open Spaces and Community Centres to the Parish Councils on the following terms:-

 

·       That there is a restrictive covenant placed on the land and centres to ensure

·       That they continue to be used as intended for community use.

·       That the Council will continue to provide grass cutting services where there are existing contracts until June 2028 but thereafter the Parish Council will assume this responsibility.

·       The Parish Councils will take on all other responsibilities for the land and centres at completion of the community asset transfer.

·       The Council to retain a right of pre-emption should the Parish Council no longer require the land or centres for permitted use.

·       There will be an independent valuation process undertaken by a RICS

qualifiedvaluer to determine market price completed for all assets to be transferred.

·       The independent market valuation will consider the financial benefit of the grass cutting contract, the management and maintenance costs, the restrictive covenant and where relevant, the council tax charges collected on behalf of the Parishes for services provided in the Parish Council areas. A net market value will be determined, and the transfer price will be agreed considering any value for money savings that will be achieved by the transfer.

·       Each party will bear their own professional fees including legal and estates costs.

·       The transfer will be subject to advertisement to adhere to statutory requirements to allow members of the public opportunity to comment. These comments will be reviewed by the Economic Growth and Regeneration Manager, in consultation with the Borough Secretary, and the Cabinet Member for Regeneration and Enterprise and should there no objections to the proposed disposal are received the matter will complete. If there are any objections received to the proposed disposal then in accordance with statutory procedure the matter will be brought back to Cabinet for consideration.

Minutes:

The Cabinet member for Regeneration and Enterprise, Councillor Hadland presented the report and explained that there was a history of devolving assets to community centres and Parish Councils. A consultation with Parish Councils had taken place, and safeguards had been put into place for community use. The transfer of assets would give more powers to Parish Councils, as set out in the recommendations.

 

Councillor Birch shared that this would give neighbourhoods a sense of pride in their communities and would become more important after lockdown had ended. She hoped that support would be given to ensure there were not multiple leases and asked for assurance that a robust process would be in place to work with the Parish Councils.

 

Councillor Stone expressed that in the climate after covid-19, with the anticipated recession and struggling communities, community centres would be increasingly important as hubs for social care and providing community support and engagement.

 

Councillors Eldred and King expressed that they completely supported the report and were pleased to see more power for Parish Councils and community centres and authority being given to local people.

 

The Deputy Leader shared that this would only be the start of support and assets within the community, and that he had every confidence in communities as they had been ran well for years. He expressed recognition for Liz Caroll-Wheat and her excellent work at East Hunsbury. 

 

The Leader emphasised his commitment and support for the community asset transfer as it showed a bright future for Parish Councils and community spaces.

 

RESOLVED: That Cabinet delegated authority to the Economic Growth and Regeneration Manager, in consultation with the Borough Secretary, Chief Finance Officer and Cabinet Member for Regeneration and Enterprise to complete the transfers of Public Open Spaces and Community Centres to the Parish Councils on the following terms:-

 

·         That there is a restrictive covenant placed on the land and centres to ensure

·         That they continue to be used as intended for community use.

·         That the Council will continue to provide grass cutting services where there are existing contracts until June 2028 but thereafter the Parish Council will assume this responsibility.

·         The Parish Councils will take on all other responsibilities for the land and centres at completion of the community asset transfer.

·         The Council to retain a right of pre-emption should the Parish Council no longer require the land or centres for permitted use.

·         There will be an independent valuation process undertaken by a RICS

qualified valuer to determine market price completed for all assets to be transferred.

·         The independent market valuation will consider the financial benefit of the grass cutting contract, the management and maintenance costs, the restrictive covenant and where relevant, the council tax charges collected on behalf of the Parishes for services provided in the Parish Council areas. A net market value will be determined, and the transfer price will be agreed considering any value for money savings that will be achieved by the transfer.

·         Each party will bear their own professional fees including legal and estates costs.

·         The transfer will be subject to advertisement to adhere to statutory requirements to allow members of the public opportunity to comment. These comments will be reviewed by the Economic Growth and Regeneration Manager, in consultation with the Borough Secretary, and the Cabinet Member for Regeneration and Enterprise and should there no objections to the proposed disposal are received the matter will complete. If there are any objections received to the proposed disposal then in accordance with statutory procedure the matter will be brought back to Cabinet for consideration.

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