North Yorkshire Council

 

19th April 2023

 

Assessment of Assets of Community Value Nomination

Denison Road Recreational Playing Fields, Barlow, Selby.

Ref: - NYC/ACV0015

 

                   Report of ----------------------------------------------------------------------

 

1.0       PURPOSE OF REPORT

 

1.1 To determine whether Denison Road Recreational Playing Fields Barlow Selby YO8 8AN should be placed on the Council’s List of Assets of Community Value (ACVs)

 

 

2.0       SUMMARY

 

To consider a nomination for the listing of the Denison Road Recreational Playing Fields (“the Asset”) as an asset of community value under the Localism Act 2011, following a valid nomination form received on 11th March 2023 from the Malt Shovel Community Football Club (“the Football Club”).

 

3.0       BACKGROUND

         

 

3.1  The Localism Act 2011 requires the Council to consider all valid nominations for properties and/or land to be placed on the List of Assets of Community Value (ACV). This is also known as the ‘community right to bid’. Land or property considered of community value can be nominated by a voluntary or community body as defined by s.89(2) Localism Act 2011 (“the Act”.

 

When a listed asset comes up for sale a community interest group can trigger a delay (moratorium) in any sale process. The purpose is to create a “window of opportunity” to secure funding and bid for the property on the open market. The owner is not obliged to accept a bid from a community interest group and can sell to whomever they choose.

 

The Assets of Community Value (England) Regulations 2012 (“the Regulations”) provide a mechanism for the owner of land listed as an ACV to request an internal review and also appeal to the first-tier tribunal against the listing. Although first-tier tribunal decisions are not binding precedents any appeal decisions provide judicial guidance to the operation of the legislation. The guidance provided by these decisions is becoming increasingly useful to local authorities in the assessment of Assets of Community Value nominations.

 

Private owners may claim compensation from the Council for loss and expenses incurred through their property being listed. More details are provided in the Regulations.

 

This report ensures that the Council considers the nomination for the Denison Road Recreational Playing Fields as an asset of community value under the Localism Act 2011.

 

 

 

 

4.0       CONSIDERATION OF THE NOMINATION

 

4.1 The Recreational Playing Fields at Denison Road, Barlow, Selby have been used for the purposes of playing football for many years. The Malt Shovel Community Football Club is a chartered FA-associated club with over twenty-one constituted members providing the opportunity for both young people and adults to participate in playing and coaching football.

A copy of the application form received by the Football Club is at Appendix 1.

 

4.2 The assessment table used for determining nominations and informing the recommendation is attached as Appendix 2.

 

4.3   In order for land to qualify as an asset of community value, the asset must satisfy either the present, or the future, conditions of Section 88(1) of the Localism Act, or the past and future conditions set out in Section 88(2):

 

88 (1)   For the purposes of this Chapter but subject to regulations under subsection (3), a building or other land in a local authority's area is land of community value if in the opinion of the authority—

 

(a)       an actual current use of the building or other land that is not an ancillary use furthers the social wellbeing or social interests of the local community, and

b)         it is realistic to think that there can continue to be non-ancillary use of the building or other land which will further (whether or not in the same way) the social wellbeing or social interests of the local community.

 

(2)      For the purposes of this Chapter but subject to regulations under subsection (3), a building or other land in a local authority's area that is not land of community value as a result of subsection (1) is land of community value if in the opinion of the local authority—

(a)        there is a time in the recent past when an actual use of the building or other land that was not an ancillary use furthered the social wellbeing or interests of the local community, and

(b)        it is realistic to think that there is a time in the next five years when there could be non-ancillary use of the building or other land that would further (whether or not in the same way as before) the social wellbeing or social interests of the local community.”

 

‘Social interests’ are defined at section 88(6) of the Act and include (in particular) each of the following—

    (a) cultural interests;

    (b) recreational interests;

    (c) sporting interests;”

 

Evidence

 

From the evidence provided by the Football Club in the form of booking forms and receipts, it is clear that Malt Shovel Community Football Club has been using the playing fields continuously since 2014.

 

Conclusion

 

Use of the Denison Road Playing Fields by the Football Club allows members of the community (currently those aged 4-55) to play football and enjoy the health, social and wellbeing benefits that come from participation in this activity. This falls within the definition of “social interests”, being a “sporting interest” defined by section 88(6) of the Act.

 

Furthermore, it is realistic to think that there can continue to be non-ancillary use of the building or other land which will further (whether or not in the same way) the social wellbeing or social interests of the local community. The nomination form attached at Appendix 1 outlines the club’s plans to develop their activities into a range of other sports in the future, such as cricket, tennis, netball and athletics.

 

5.0       CONSULTATION UNDERTAKEN AND RESPONSES

 

·        Planning-N/A

·        Ward Member- N/A

·        Community Safety- see 18.0

·        Land Charges – the land is registered under Title Number NYK368266 and copies of the Register and Plan have been obtained and checked by Legal Services.Parish Council- N/A. The asset lies within the parish boundary of Selby Town Council and notice was served upon them.)

·        Owner- North Yorkshire Council (Selby District Council prior to LGR in April 2023)

·        Occupier- Section 8(d) of the Regulations stipulates that notice of a nomination of an Asset of Community Value be served upon any “lawful occupant of the land”. section 8 Inspiring Health Lifestyles (formerly Wigan Leisure & Culture Trust) collect booking fees on behalf of the former Selby District Council as per the service agreement dated 2009, which may well be constitute them as being an occupier. Given this the relevant notice has been served in line with Regulations.

·         Leaseholder- The Asset is currently leased to Selby Sports and Social Railway Club (SSSRC) until April 2027, although rent has not been paid and the playing fields not used by the SSSRC, and it was thought the club was no longer in existence following the death of a number of original Trustees. Nonetheless, in accordance with section 8 of the Regulations, notice of the nomination was served upon the SSSRC and the Secretary of the SSSRC has confirmed they do not oppose the nomination.

 

 

7.0       ALTERNATIVE OPTIONS CONSIDERED

 

7.1       None. Not to consider the nomination for listing the Asset as an asset of community value would not fulfil the Council’s statutory obligations under the Localism Act 2011 and The Assets of Community Value (England) Regulations 2012.

 

8.0       IMPACT ON OTHER SERVICES/ORGANISATIONS

 

8.1       If successful the fact that land/property is listed as an Asset of Community Value may be taken into account as a material consideration for any future planning application.

 

9.0       FINANCIAL IMPLICATIONS

 

9.1       There are compensation provisions within the Act and the Regulations whereby the Council could be liable to pay up to the first £20,000 of compensation if the owner suffers a loss due to the asset being listed as an asset of community value. However, as the freehold owner is the North Yorkshire Council (formerly Selby District Council), this will not be an issue.

 

 

 

 

 

 

10.0     LEGAL IMPLICATIONS

          

The nomination has been reviewed by Legal Services.

 

10.1    If the Asset is listed the council is required to apply to the Land Registry for entry of a restriction on the Land Register. This restriction will be in a form of wording in Schedule 4 to the Rules, as Form QQ. This is “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“. An owner of previously unregistered listed land, who applies to the Land Registry for first registration (or a mortgagee who applies for first registration on behalf of the owner), is required at the same time to apply for a restriction against their own title. The local authority is also required to apply to the Land Registry for cancellation of the restriction when it removes an asset from its list.

 

10.2    If the Asset is listed and the owner/leaseholder wishes to dispose of it, he must notify the council. Once this has taken place an interim moratorium period (6 weeks) will apply where disposal of the property may not take place (except if sold to a community interest group which can take place at any time). If, before the end of the interim moratorium period the council receives a written request from a community interest group to be treated as a potential bidder then a full moratorium period applies. Disposal may then not take place within 6 months from the date the Council receives notification from the owner (except if sold to a community interest group).

 

10.3    When a listed asset is disposed of, and a new owner applies to the Land Registry to register change of ownership of a listed asset, they will therefore need to provide the Land Registry with a certificate from a conveyancer that the disposal (and any previous disposals if this is the first registration) did not contravene section 95(1) of the Localism Act (the moratorium requirements).

 

11.0     EQUALITIES IMPLICATIONS

 

 The Asset is currently used by the Malt Shovel Community Football Club who provide opportunities to both male and females from age 5 to 55 to coach and participate in playing football within the local community.

 

12.0     CLIMATE CHANGE IMPLICATIONS

 

Not applicable, there aren’t any current activities being undertaken on the site that would have an impact on climate change.

 

15.0     RISK MANAGEMENT IMPLICATIONS

 

The financial risk (of having to pay compensation for loss of value following listing of an ACV is zero due to the freehold of the site being owned by the Council.

 

18.0     COMMUNITY SAFETY IMPLICATIONS

             

Having researched the local authority’s Anti-Social Behaviour and Police Logs, there are no reports of Anti-Social Behaviour at the site. The playing fields are supported by a robust perimeter fencing and gated.

 

 

 

 

 

19.0     CONCLUSIONS

 

19.1 The Asset lies within the within the parish boundary of Selby Town Council.

 

19.2 The Malt Shovel FC is entitled under 89(2)(b)(iii) of the Act to make a community nomination in respect of the Asset, being an unincorporated body whose members include at least 21 individuals (section 5 of the Regulations)

19.3 The nomination from Malt Shovel Community Football Club includes the matters required under Regulation 6 of the Regulations

19.4 The Asset does not fall within a description of land which may not be listed as specified in Schedule 1 of the Regulations

19.5 The nomination form sets out the reasons for nominating the asset.

19.6 An actual current use of the asset that is not an ancillary use furthers the social wellbeing or social interests of the local community; and given that the Asset remains fit for purpose to further the social interest or social wellbeing of the local community it is realistic to think that there can continue to be non-ancillary use of the Asset that would further (whether or not in the same way as before) the social wellbeing or social interests of the local community.

 

Therefore, on balance, the assessment has evidenced that the nominated asset meets the required criteria to justify that it be added to the Community Asset Register.

 

20.0     REASONS FOR RECOMMENDATIONS

 

20.1 The evidence demonstrates that the nomination for Denison Road Playing Fields to be listed as an Asset of Community Value meets the definition of community value as detailed in the Localism Act 2011.

 

21.0

RECOMMENDATION(S)      

 

It is recommended that the Assistant Chief Executive for Localities:

 

(i)            Determines that the nomination for Denison Road Playing Fields to be listed as an Asset of Community Value is successful and meets the definition of community value as detailed in the Localism Act 2011 and the Assets of Community Value (England) Regulations 2012

 

(ii)           It should be placed on the North Yorkshire Council Assets of

     Community Value List of Successful Nominations

 

 

 

 

 

 

           

 

 

 

 

 

 

 

 

APPENDICES:

 

            Appendix 1- Nomination Form from Malt Shovel FC

            Appendix 2 - Red Lined 1.1250 Red Lined Scaled Plan

            Appendix 3 - Assessment Table

 

 

BACKGROUND DOCUMENTS:

 

Localism Act 2011

The Assets of Community Value Regulations (England) 2012

 

Assistant Chief Executive for Localities

County Hall

Northallerton

(Insert date)

 

Report Author –

Presenter of Report –