North Yorkshire Council
19 April 2023
Assessment of Assets of Community Value Nomination
NYCACV0004
Report of ……………………………
1.0 PURPOSE OF REPORT
1.1 To determine whether Lower deck, Wentworth Street Car Park, Malton, should be placed on the Council’s List of Assets of Community Value (ACVs)
2.0 SUMMARY
2.1 This nomination is one of five made by Malton Town Council each relating to one of the constituent parts of Wentworth Street Car Park. This nomination relates to the lower deck of the car park. The recommendation is that the site should be listed as an Asset of Community Value due to its facilitating role in furthering the social wellbeing and social interests of the local community.
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. 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 that complies with regulation 5
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 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 2012 Regulations
This report ensures that the Council considers the nomination for Rifle club building, Wentworth Street Car Park, as required by the Act.
4.0 DETAILED PRESENTATION OF THE SUBSTANTIVE ISSUE
4.1 Five individual nominations have been made for each constituent part of Wentworth Street Car Park, Malton.
Wentworth Street Car Park is a large publicly-owned car park located in Malton, comprised mainly of a lower deck and an upper deck for the parking of vehicles, including coaches and HGVs, with four vehicular accesses. Two of these accesses also serve adjacent residential flats. One access is gated and not routinely available to motorists.
The car park’s main use is as a Pay & Display car park and its ancillary uses include the siting of recycling containers and ad-hoc community events, such as pigeon liberations, car boot sales and an annual fun fair. Within the wider title plan for the site, there are premises which provide for other uses, namely: public toilets, a disused building most-recently occupied by Malton Scouts, a building occupied by the Malton Rifle Club and an office building currently tenanted to an art studio collective.
4.2 The lower deck, subject of this nomination specifically, resembles the majority of the land within the wider title of Wentworth Street Car Park and its main use is for Pay & Display parking. This section provides access to at least two of the other nominated sites (the rifle club and the upper deck) and provides the only vehicular access for a further nominated site (Community House). The area is open seven days a week and provides Malton’s largest single car parking area in terms of bays. Combined with the upper deck, it is also the largest public car park in the former Ryedale area. The area also provides recycling banks, though this is considered to be an ancillary use.
4.3 The nomination was made by Malton Town Council.
4.4 Assessment
Localism Act 2011 Section 88 if current use:
(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,
· Evidence
o Little evidence has been provided by the nominating party, other than to state that the wider car park is used by members of the local community, specifically farmers, visitors and residents. They have emphasised the importance of the facility to certain local businesses and the farming community, whilst highlighting its contribution to facilitating large events like the bi-annual Food Festival.
o Its non-ancillary use is considered to be that of a Pay & Display car park; its other uses – namely ad-hoc events such as pigeon liberations – are considered to be ancillary due to their infrequent nature.
· Conclusion
o A Pay & Display car park might not typically be considered a facility that furthers the social wellbeing or social interests of the local community in the same way a community building or other community ‘hub’ does, because the land itself does not typically provide an arena for social interactions.
o However, in the absence of definitive guidance regarding what characteristics are required to ‘further social wellbeing’ (or indeed a legal definition of ‘social wellbeing’), it is at the discretion of the Council to determine whether a site’s indirect/enabling role in furthering social wellbeing is enough to justify itself being considered an Asset of Community Value.
o The lower deck of the car park has an enabling role in providing members of the community the means to visit town centre spaces which directly further social wellbeing. Additionally, it provides a means for people to carry out aspects of their work (particularly farmers), whilst also contributing to decent neighbourhood standards by virtue of preventing an abundance of on-street parking.
o The recommendation is that the land should be listed as an Asset of Community Value.
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.
· Evidence
o The nominating party has stated that it intends to retain the use of the site as a car park should it ever become owners.
o The nominating party also stated that it would consider providing residential parking permits due to certain new housing being built without adequate parking facilities. It could be argued that such a use would actually contradict the definition of community use; nevertheless, this does not provide a compelling reason to suggest the facility cannot continue to be used as a community facility.
· Conclusion
o It is realistic to think that the site’s current use can continue.
5.0 CONSULTATION UNDERTAKEN AND RESPONSES
· Ward Members
The nomination was made prior to Local Government Reorganisation so the three local Ward Members for Malton were consulted, in line with Ryedale District Council’s discretionary procedure for handling Asset of Community Value nominations.
Cllr Paul Andrews stated that he supported the nominations but provided no further comments.
Cllr Angela Raine also supported the nominations and offered further comments: I firmly believe that Malton town council should take over any assets of community value as North Yorkshire council will not have a clue of the importance to the town. The information described, I absolutely support as a community value area and therefore feel RDC should fully support this application from MTC.
Cllr Lindsay Burr did not respond.
· Owners
The owners of the property, at the time being Ryedale District Council, were also informed of the nomination and invited to make comments, but no formal response was received. The individual informed was Tom Ireland, Property and Facilities Surveyor. Tom later confirmed to Officers that he would continue to be the appropriate individual further to Local Government Reorganisation.
· Legal colleagues
The Council’s Solicitor, Alpha Love-Koh, was also consulted on the nominations and responded by providing legal advice. She advised that there was a precedent within case law for car parks becoming listed as Assets of Community Value, though specific circumstances would be relevant.
7.0 ALTERNATIVE OPTIONS CONSIDERED
7.1 N/A.
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 If the decision is to list the property the owner can make a claim for compensation for which the Council is liable.
10.0 LEGAL IMPLICATIONS
10.1 If the property/land 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 property/land 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
· N/A
12.0 CLIMATE CHANGE IMPLICATIONS
· The Town Council indicates that, if the site were to become under its ownership, its use would be retained as a car park.
There are climate change implications associated with the site’s continued use as a large Pay & Display car park, because this ultimately provides a destination for a potentially significant number of private vehicles. Its existence might discourage trips being made to the town centre using more sustainable modes. Meanwhile, there is added sensitivity because the site as it is proximal to the Malton Air Quality Management Zone.
15.0 RISK MANAGEMENT IMPLICATIONS
· N/A
18.0 COMMUNITY SAFETY IMPLICATIONS
· N/A
19.0 CONCLUSIONS
· The recommendation is that the land should be listed as an Asset of Community Value.
20.0 REASONS FOR RECOMMENDATIONS
20.1 The evidence demonstrates that the nomination for Lower deck, Wentworth Street Car Park, Malton meets the definition of community value as detailed in the Localism Act 2011.
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21.0 |
RECOMMENDATION(S)
It is recommended that the Assistant Chief Executive for Localities:
(i) Determines that the nomination for Lower Deck, Wentworth Street Car Park, is successful and meets the definition of community value as detailed in the Localism Act 2011
(ii) It should be placed on the North Yorkshire Council Assets of Community Value List of Successful Nominations
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APPENDICES:
None
BACKGROUND DOCUMENTS:
Combined nomination materials (PDF)
Assistant Chief Executive for Localities
County Hall
Northallerton
(Insert date)
Report Author – Matthew Lishman
Presenter of Report – Matthew Lishman
PLEASE ALSO NOTE THAT IF ANY REPORTS / APPENDICES INCLUDE SIGNATURES THESE MUST BE REMOVED / DELETED PRIOR TO SENDING REPORTS / APPENDICES TO DEMOCRATIC SERVICES. Appendices should include an Equality Impact Assessment and a Climate Impact Assessment where appropriate