North Yorkshire Council
15 May 2023
Assessment of Assets of Community Value Nomination
NYCACV0006 Ashfield Car Park, NYCACV0007 Whitefriars Car Park
and NYCACV0008 Greenfoot Car Park
Report to the Assistant Chief Executive for Localities
1.0 PURPOSE OF REPORT
1.1 To determine whether Ashfield Car Park (NYCACV0006), Whitefriars Car Park (NYCACV0007) and Greenfoot Car Park (NYCACV0008) should be placed on the Council’s List of Assets of Community Value (ACVs).
2.0 SUMMARY
2.1 This nomination covers 3 car park sites which were part of a larger group of 8 sites
nominated by Settle Town Council on 21 March 2023.
The recommendation is that the three car park sites should not be listed as Assets of
Community Value.
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 Ashfield Car Park (NYCACV0006), Whitefriars Car Park (NYCACV0007) and Greenfoot Car Park (NYCACV0008) as required by the Act.
4.0 CONSIDERATION OF THE NOMINATION
· Description of asset
This nomination covers 3 car park sites which were part of a larger group of 8 sites nominated by Settle Town Council on 21 March 2023. The car park sites are at different locations within Settle so have been assigned individual site numbers however the sites were submitted together on one form and comments received cover the sites as a group so the three sites are all considered within this single report.
The three car parks providing disabled parking, coach parking, HGV parking and motor home overnight stays. Whitefriars Car Park includes the only public convenience in the town which are owned by NYC and cleaned & maintained by Settle Town Council.
At the time the nomination was submitted the sites were owned by Craven District Council, following Local Government Reorganisation the sites are now owned by North Yorkshire Council.
· Nomination
In their submitted nomination for the sites Settle Town Council states that the public car parks are used frequently, all year round, by local people who live more than a short walking distance from the centre of town and by tourists from further afield.
They feel that the future of Settle as a Market Town is reliant on the amenity that the 3 car parks provide to sustain the economic and social wellbeing of the Town, its resident population and those of its visitors.
The car parks are used by people who are shopping and visiting the Health Centre, Dentist and Optician, enable access to a range of social venues such as the bowling club, the social club, Settle Victoria Hall, The Folly (containing the
Museum of Craven Life), several pubs and restaurants.
The Town Council are heavily invested in further developing Settle as a destination town and would be looking to improve and increase public facilities in the car parks as part of that vision.
· Comments received
In accordance with the local nomination guidelines the local ward councillor, Councillor David Staveley, Settle & Penyghent division and the Spatial Planning Team were consulted regarding the assessment of the nominated site.
Neither Cllr Staveley or the Spatial Planning Team considered that the sites met the definition of assets of community value, their full responses are given at Section 5.
· Assessment against Section 88 of the Localism Act 2011
When we assess whether a particular building or piece of land is of community
value, we must determine whether it meets the definition of an asset of community
value as set out in Section 88 of the Localism Act 2011.
A building or piece of land is deemed to be of community value if:
a) The current main use of the building or land furthers the social interests or
social wellbeing of the local community or a use in the recent past has done
so and, it is realistic to think that there can continue to be a main use of the
building or land which will further the social interests or social well-being of the
local community, whether or not in the same way as before.
b) The main use of the land or building in the recent past furthered the social
interests of the local community and, it is realistic within five years the land or
building can be brought back into a use that furthers the social interest or
wellbeing of the local community, whether or not in the same way as before.
The interpretation of the definition of a community asset creates a very wide range of possible assets to be considered as suitable for nomination. It is proposed to use the following categories as part of the nomination process
§ Education, health and well- being and community safety to include,
nurseries, schools, children’s centres, health centres, day care centres or
care homes, community centres, youth centres or public toilets.
§ Sport, recreation and culture to include, parks and public open spaces,
sports and leisure centres, libraries, swimming pools and theatres
§ Economic use providing an important local social benefit which would no
longer be available if that use stopped - to include village shops and pubs.
· Evidence
Settle Town Council state that they believe the sites further the social wellbeing of the local community and that the future of Settle as a Market Town is reliant on the amenity that the 3 car parks provide to sustain the economic and social wellbeing of the Town, its resident population and those of its visitors.
Cllr Staveley does not believe these sites meet the criteria of a community asset as set out in Section 88 of the Localism Act 2011 as they are all currently operating as their sole purpose of parking.
The opinion of the Spatial Planning Team is that as the car parks are available to the public generally, including a high level of use from tourists/visitors, and not just to those in the local community the car parks do not meet the definition of Assets of Community Value.
· Conclusion
Having reviewed the evidence provided by Settle Town Council and considered the assessment of the local Councillor and Spatial Planning Team I recommend the three car park sites should not be listed as Assets of Community Value as they do not meet the definition of an asset of community value as set out in Section 88 of the Localism Act 2011.
5.0 CONSULTATION UNDERTAKEN AND RESPONSES
· Local Councillor – Cllr David Staveley, Settle & Penyghent division
I do not believe these sites meet the criteria of a community asset as set out in Section 88 of the Localism Act 2011 as they are all currently operating as their sole purpose of parking.
I would not support the transfer of the three car parks in the town as I feel the Town council have neither the experience, organisational or financial resilience to run these essential facilities effectively without potentially exposing residents to a substantial financial risk.
The high ongoing maintenance and running costs of car parks have been challenging enough for the outgoing District Council, where they formed part of a wider asset portfolio of a larger better resourced organisation. To be taken on by an organisation with no operational experience would be to invite trouble I fear.
The car parks do as has been mentioned in the application, form a vital part of the towns economic viability, whose continued and efficient running is essential to the local economy. And this function is best served as part of the new Councils extensive asset management team backed by the Economic development remit which lays with NYC not STC.
· Spatial Planning Team
The information provided in the nomination form states that three sites in Settle, located at Ashfield Car Park, Whitefriers Car Park and Greenfoot Car Park are nominated as assets of community value.
In planning terms, it should be noted that the western part of Greenfoot Car Park is allocated for housing in the adopted Craven Local Plan.
Section 1 of the Council’s Guidelines for the Nominations and Listing Community Assets explains that when assessing whether a particular building or piece of land is of community value, the Council must determine whether it meets the definition of an asset of community value set out in Section 88 of the Localism Act 2011 as follows:
“A building or piece of land in Craven district is deemed to be of community value if:
a) The current main use of the building or land furthers the social interests or
social wellbeing of the local community or a use in the recent past has done
so and, it is realistic to think that there can continue to be a main use of the
building or land which will further the social interests or social well-being of the
local community, whether or not in the same way as before.
b) The main use of the land or building in the recent past furthered the social
interests of the local community and, it is realistic within five years the land or
building can be brought back into a use that furthers the social interest or
wellbeing of the local community, whether or not in the same way as before.”
The Guidance explains that the interpretation of the definition of a community asset creates a very wide range of possible assets to be considered as suitable for nomination and sets out a number of categories of the types of land and buildings to be considered as assets. These categories do not include car parks.
The nomination form submitted by Settle Town Council sets out that the three car parks currently further the social wellbeing or social interests of the local community due to the fact that they are public car parks with access for residents and tourists/visitors to the town. Information provided by the Town Council state that the car parks are used frequently (all year round) by local people who live more than a short walking distance from the centre of town to access shops and other services. It also states that the car parks serve tourists/visitors from further afield, all year round but with a heavier influx from spring to the end of autumn. Of particular attraction are Settle Victoria Hall and The Folly, both of which rely heavily on parking provision for their customers.
In terms of how the car parks could further the social wellbeing or social interest of the local community, the Town Council state that they are heavily invested in further developing Settle as a destination town and would look to improve and increase public facilities in the car parks as part of that vision.
It is accepted that the three pieces of land nominated are currently used as public car parks by both residents and visitors. However, the information submitted with the nomination states that these car parks are available to the public generally, including a high level of use from tourists/visitors, and not just to those in the local community. Car parks are not considered an asset as their primary purpose is for car parking generally, including for visitors and those supporting the local economy, not just for those in the local area.
As such it is considered that these uses do not fulfil the criterion of Section 88(2)(a), as set out above.
7.0 ALTERNATIVE OPTIONS CONSIDERED
7.1 None. Not to consider the nomination for Ashfield Car Park (NYCACV0006), Whitefriars Car Park (NYCACV0007) and Greenfoot Car Park (NYCACV0008) would not fulfil the Council’s responsibilities required by 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 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
· The car parks provide spaces for people with disabilities
12.0 RISK MANAGEMENT IMPLICATIONS
· Council owned property
13.0 CONCLUSIONS
· If unsuccessful all parties will be advised of the outcome of the decision, and the Council’s reasoning for it. The nominating group will be advised that there is no provision within The Regulations (The Asset of Community Value (England) Regulations 2012) for them to seek a review of the Council’s decision.
14.0 REASONS FOR RECOMMENDATIONS
14.1 The evidence demonstrates that the nomination for Ashfield Car Park (NYCACV0006), Whitefriars Car Park (NYCACV0007) and Greenfoot Car Park (NYCACV0008) does not meet the definition of community value as detailed in the Localism Act 2011.
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15.0 |
RECOMMENDATION(S)
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It is recommended that the Assistant Chief Executive for Localities:
(i) Determines that the nomination for the Ashfield Car Park (NYCACV0006), Whitefriars Car Park (NYCACV0007) and Greenfoot Car Park (NYCACV0008) is unsuccessful and does not meet 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 Unsuccessful Nominations
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APPENDICES:
Appendix A – Nomination Form for Ashfield Car Park (NYCACV0006), Whitefriars Car Park (NYCACV0007) and Greenfoot Car Park (NYCACV0008
Appendix B – Site Plans for Ashfield Car Park (NYCACV0006), Whitefriars Car Park (NYCACV0007) and Greenfoot Car Park (NYCACV0008
BACKGROUND DOCUMENTS:
Localism Act 2011
The Assets of Community Value Regulations (England) 2012
Assistant Chief Executive for Localities
County Hall
Northallerton
11/05/23
Report Author – Kate Senior Partnerships Officer
Presenter of Report – Kate Senior Partnerships Officer
Appendix A – Nomination Form for Ashfield Car Park (NYCACV0006), Whitefriars Car Park (NYCACV0007) and Greenfoot Car Park (NYCACV0008
Appendix B – Site Plans for Ashfield Car Park (NYCACV0006), Whitefriars Car Park (NYCACV0007) and Greenfoot Car Park (NYCACV0008
