Agenda item

Members heard from the Director of Finance and Assets (S151 Officer) who presented a new Community Asset Transfer Policy for approval. He explained that Community Asset Transfer was the permanent or temporary transfer of land or buildings from the Council into the stewardship and/or ownership of a voluntary or community organisation or Town or Parish Council. The Council did not have a formal community asset transfer policy, and therefore the report sought approval of a new policy as set out at appendix one of the report.

It was highlighted that the policy looked to put in place a framework and an objective way of assessing if and when a transfer was appropriate, and whether it met certain criteria. When looking at asset transfer requests the Council must fully consider the risks and benefits of any transfer whilst ensuring community assets were protected. The General Disposals Consent (England) 2003 allowed the Council to transfer the ownership and management of land and buildings they owned to local communities at less than best consideration (less than the full market value) where it could demonstrate the promotion of social, economic and environmental wellbeing. Any decision to dispose at less than market value would need to be a transparent and evidenced decision.

In seeking approval for the policy, it was concluded that, if approved, it would be publicised to community groups, and parish and town councils around the district. A full list of the assets owned by the Council was available on the Council’s website.

During the course of debate, Members supported the premise of the policy, however concerns were raised regarding the clarity of wording. For example, Members questioned the reference to no asset being used solely for religious purposes, highlighting that many groups of a religious nature focused on the promotion of social, economic, and environmental wellbeing, rather than only religious activity. Likewise, it was felt the same could be said for some groups that may fall under the category of a political group.

Additionally, whilst Members welcomed the inclusion of consultation with Ward Members, it was requested that the consultation be extended, for example to all Members in the relevant town or parish. Concerns were also raised that Member consultation should be prioritised within the application process, proceeding to Committee if required, however the policy was worded in such a way as to suggest Officer determination.

Further comments were made regarding the review of the policy, with Members requesting that, in light of Local Government Reorganisation (LGR), there was likely to be need of early review of the policy.

Given the nature of concerns raised, it was enquired as to whether approval of the policy could be deferred, potentially for review by the Overview and Scrutiny Committee, to return for approval at a later date. Advice was given by the Democratic Services Officer and Section 151 Officer, that the policy could be approved subject to the amendments as discussed within the meeting, and those would be enacted through consultation with the Chairman. Additionally, Members could seek an additional resolution that the policy be brought for review to the relevant policy committee as soon as practicable in consideration of LGR timeframes once known.

A Member of the Committee proposed the amendments to the recommendations as per the advice received. This was seconded, and voted upon. It was therefore

RESOLVED that recommendation one within the report be amended to include the words ‘subject to the suggested amendments being made by the Section 151 Officer, following consultation with the Committee Chairman’; and that a second recommendation be added for an update position to be brought back to the relevant policy committee as soon as practicable.

On summarising the content of debate, the Chairman thanked all Members for their input and reiterated the importance of the policy moving forward. Having sought a proposer and a seconder, The Chairman took the vote and it was

            RESOLVED that

a)    the new Community Asset Transfer Policy be approved, subject to the suggested amendments being made by the Section 151 Officer following consultation with the Committee Chairman; and

b)    an update position to be brought back to the relevant policy committee as soon as practicable.