South Lakeland District Council
DELEGATED EXECUTIVE DECISION
Date of proposed decision: 23/04/2015
Nomination to list Assets of Community Value
(Langdale Valley Association)
PORTFOLIO:
Councillor Jonathan Brook – Strategic Growth
Portfolio Holder
DECISION MAKER:
David Sykes – Director People and Places
REPORT AUTHOR:
Sarah Berry – Graduate Policy and Partnerships
Officer
WARDS:
Ambleside and Grasmere
KEY DECISION NO:
N/A
1.0
EXPECTED OUTCOME
1.1
That Stickle Tarn is placed onto the list of successful nominations of Assets of
Community Value.
2.0
PROPOSED DECISION
2.1
To enter the following property on to South Lakeland District Council’s
list of successful nominations of Assets of Community Value:Stickle Tarn, Great Langdale, Ambleside, Cumbria, LA22 9JX
3.0
BACKGROUND AND PROPOSALS
3.1
On 11th February 2015, South Lakeland District Council received a
nomination, under Section 89 of the Localism Act 2011, to list Stickle Tarn as
an Asset of Community Value. The nomination was made by the Langdale
Valley Association.
3.2
Under Section 88 of the Localism Act 2011, the current use of Stickle Tarn
which is detailed in appendix 1, does fit the criteria of an Asset of Community
Value.
3.3
The asset is within the administrative boundary of South Lakeland.
3.4
The Langdale Valley Association are entitled under 89(2)b(i) of the Localism
Act 2011 to make a community nomination and are eligible to nominate with a
local connection to the nomination.
3.5
The nominated assets do not fall within a description of land which may not be
listed as specified in Schedule 1 of the Assets of Community Value (England)
Regulation 2012. Specifically the assets are not a residence; in requirement of
a site licence and/ or operational land as defined under section 263 of the
Town and Country Planning Act 1990.
3.6
The assessment form in appendix 1 explains why the Langdale Valley
Association believes the asset meets the definition in the Localism Act 2011.
3.7
The assessment form in appendix 1 sets out the reasons for the
recommendation as stated in paragraphs 2.1.
4.0
CONSULTATION
4.1
The Principal Performance and Intelligence Officer received the nomination
and made initial checks. The Graduate Policy and Partnership Officer
assessed the validity of the nomination and the criteria for listing in
accordance with the key steps for considering a nomination to the Council’s
List of Community Assets.
4.2
The current owners and ward members for Ambleside and Grasmere were
consulted at this stage. Councillor Heidi Halliday responded, offering her
support to Langdale Valley Association in respect of their nomination.
4.3
In line with the Cabinet decision on 28 November 2012, delegated authority is
given to the Director of People and Places in consultation with the Strategic
Growth Portfolio Holder to make the determination as to whether an asset(s)
is added to the list.
5.0
ALTERNATIVE OPTIONS
5.1
Under Section 89 of the Localism Act 2011, the Council can only enter assets
into the list of Assets of Community Value in response to community
nomination.
5.2
In accordance with Section 91 of the Localism Act the Council will send notice
to the Langdale Valley Association of its decision in respect of each
nomination.
6.0
LINKS TO COUNCIL PRIORITIES
6.1
An ambition of the Council Plan 2014-2019 is as follows:
“Through community engagement and facilitation we will make best use of our
assets, and we will work with local organisations and communities to look at
opportunities to maximise the use of our community buildings.”
7.0
IMPLICATIONS
7.1
Financial and Resources
7.1.1 There are no financial implications associated with this report.
7.2
Human Resources
7.2.1 There are no human resources implications associated with this report.
7.3
Legal
7.3.1 Under Section 87 of the Localism Act 2011 the Council must maintain a list of
assets of community value.
7.3.2 Section 88 of the Localism Act 2011 states that a building or other land is an
asset of community value if, in the opinion of the authority:

the current (ancillary) use of the building or other land furthers
the social wellbeing or social interests of the local community.

there is evidence that there is a non-ancillary use of the building
or other land which can further the social wellbeing or social
interests of the local community.
A building or other land is not an asset of community value if, in the opinion of
the local authority:


in the recent past the actual use of the building or other land
was not used to furthered the social wellbeing or interests of the
local community
there is evidence that there is not a non-ancillary use of the
building or other land which can further the social wellbeing or
social interests of the local community.
7.3.3 The full legislation can be found here.
7.4
Social, Economic and Environmental
7.4.1 A sustainability impact assessment has not been carried out. A building or
other land is an asset of community value if its main use has recently been or
is presently used to further the social wellbeing or social interests of the local
community and could do so in the future. The Localism Act 2011 states that
social interests include cultural, recreational and sporting interests.
7.4.2 The inclusion of assets on the List of Assets of Community Value is recorded
as a local land charge under the Local Land Charges Act 1975. The Council is
required under Schedule 4 of the Assets of Community Value (England)
Regulation 2012 to apply to the Land Registry for a restriction to be added to
the registered title of the land that “no transfer or lease is to be registered
without a certificate signed by a conveyancer that the transfer or lease did not
contravene Section 95(1) of the Localism Act 2011”.
7.5
Equality and Diversity
7.5.1 The Impact Assessment published by Department for Communities and Local
Government (DCLG) indicates there are no foreseeable adverse impacts on
any single equality group arising out of the legislation relating to Assets of
Community Value.
7.6
Risk
Risk
Consequence
Controls required
Timescales for
responses and
publication of lists
Compliance for
responses to
nominations,
notifications and the
publication of lists of
successful and
unsuccessful
nominations
Appropriate procedures
put in place to achieve
the Council’s obligations
Administer any initial
appeals in respect of
either nominations or
compensation decisions
Meeting the
requirements expected
of the council
Appropriate procedures
put in place to achieve
the Council’s obligations
Listed asset of
community value not
added to the local land
charge register
Reputational challenge
Appropriate procedures
put in place to achieve
the Council’s obligations
CONTACT OFFICERS
Principle Performance and Intelligence Officer, Paul Mountford –
[email protected]
Graduate policy and Partnership Officer, Sarah Berry –
[email protected]
APPENDICES ATTACHED TO THIS REPORT
Appendix No.
Assessment Form – Stickle Tarn
1
BACKGROUND DOCUMENTS AVAILABLE

Community Right to Bid: Non-statutory advice note for local authorities
(October 2012)

Community Right to Bid – Impact Assessment Localism Act 2011

The Assets of Community Value (England) Regulations (2012)

Implementing the New Community Right to Bid Effectively - A Practical
Guide for Local Authorities

CEX/98 – Community Right to Bid
TRACKING INFORMATION
Assistant
Director
Portfolio
Holder
Solicitor to the SMT
Council
Executive
(Cabinet)
Committee
Council
N/A
DED –
23/04/15
N/A
Human
Resource
Services
Manager
Leader
Ward
Councillor(s)
N/A
N/A
Scrutiny
Committee
26/03/15
NA
Section 151
Officer
Monitoring
Officer
Note – Report authors must consult the relevant Portfolio Holder, members of
the Senior Management Team, the Monitoring Officer, and any other interested
parties before a decision can be taken. If any objections are received, they
must be reported at the meeting before the decision is taken.
Signed:
Decision
Maker’s
title: