North Yorkshire Council
19 June 2023
Assessment of Assets of Community Value Nomination
NYCACV0014 The Swan Inn Site in Carleton-in-Craven
Report to the Assistant Chief Executive for Localities
1.0 PURPOSE OF REPORT
1.1 To determine whether The Swan Inn Site in Carleton-in-Craven (NYCACV0014) should be placed on the Council’s List of Assets of Community Value (ACVs).
2.0 SUMMARY
2.1 This nomination covers The Swan Inn Site in Carleton-in-Craven which was nominated
by Carleton-in-Craven Parish Council on 26 April 2023.
The recommendation is that the site should be listed as Asset 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 The Swan Inn Site in Carleton-in-Craven as required by the Act.
4.0 CONSIDERATION OF THE NOMINATION
· Description of asset
This nomination covers The Swan Inn Site in Carleton-in-Craven.
The site is owned by pub company Stonegate Group of Solihull who are currently looking for a new tenant for the site.
Nomination
In their submitted nomination for the site Carleton-in-Craven Parish Council state that The Swan Inn offers a central meeting place for a wide variety of the community to socialise and interact with others.
In the recent past the Swan Inn was the centre of many local village activities and a place for many local people to socially interact, activities included:-
A Post Office run from the pub.
An internet hub and café with computer and printer supplied by the Parish Council.
A games room which was separate from the bar area and provided evening activities for younger people allowed them to socialise and enjoy a soft drink without having the expense of paying for a taxi to and from Skipton.
A side room used as a café where local people, especially older people and local groups could socialise.
· Comments received
In accordance with the local nomination guidelines the local ward councillor, Councillor Andy Solloway, Skipton West & West Craven division and the Spatial Planning Team were consulted regarding the assessment of the nominated site.
Both Cllr Solloway and the Spatial Planning Team considered that the site meets the definition of an asset 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
Carleton-in-Craven Parish Council state that The Swan Inn offers a central meeting place for the community to socialise and interact with others.
There is a history of wide community support for the community activities taking place at the venue and it is the firm belief of the Parish Council that with the right management these activities could be reinstated, and the venue would once again be a centre for community activity.
Cllr Solloway agrees that the site meets the criteria of a community asset as set out in Section 88 of the Localism Act 2011 and has confirmed that he advised the group to submit the nomination.
The Spatial Planning Team considered that the use falls within the Council’s definition of an asset under the category of “Economic use providing an important local social benefit which would no longer be available if that use stopped - to include village shops and pubs”.
· Conclusion
Having reviewed the evidence provided by Carleton-in-Craven Parish Council and considered the assessment of the local Councillor and Spatial Planning Team I recommend that The Swan Inn Site in Carleton-in-Craven should be listed as Assets of Community Value as the site meets 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 Andy Solloway, Skipton West & West Craven division
Fully support this. I advised and helped Carleton PC to do this as I regularly attend their meetings.
As we speak The Swan is again up for sale and has been run down in recent years by the owners and has had a series of temporary landlords.
With an active Social Club in the village, the Swan Pub is less popular, but as it is a listed building, the community would love to have more of a say in it and see it as a future hub of the village again.
· Spatial Planning Team
We agree that the main past use of the nominated land/building(s) and the proposed future use are of community value, in that the land/building(s) furthers the social interests and social well-being of the local community and can continue to do so. In reaching this conclusion, we have noted the following, in particular:
The use falls within the district’s definition of an asset under the category of “Economic use providing an important local social benefit which would no longer be available if that use stopped - to include village shops and pubs”.
In planning terms and according to the Town and Country Planning Use Classes Order 1987 (as amended), the use is sui generis and is considered to be the primary use, not an ancillary use.
The buildings are grade II listed (List Entry Number: 1301161).
The helpful information and statements provided by Carleton-in-Craven Parish Council regarding the community’s past use of the land/building(s) and its future potential, which provide compelling support to the application.
Information regarding the strength of knowledge, commitment and activity within the local community and existing community groups, which can be drawn upon in raising funds to acquire the asset via grants, mortgages and other fundraising and in operating the asset once acquired.
The land/building(s) does not appear to include any excluded assets, such as residential property, residential caravan sites or operational land.
The land/building(s) does include living accommodation above the pub, but this accommodation is ancillary to the main use and not therefore regarded as residential property in its own right.
7.0 ALTERNATIVE OPTIONS CONSIDERED
7.1 None. Not to consider the nomination for The Swan Inn Site in Carleton-in-Craven 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
NA
12.0 RISK MANAGEMENT IMPLICATIONS
NA
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 The Swan Inn Site in Carleton-in-Craven meets 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 Swan Inn Site in Carleton-in-Craven 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:
Appendix A – Nomination Form for NYCACV0014 The Swan Inn Site in Carleton-in-Craven
Appendix B – Site Plan for NYCACV0014 The Swan Inn Site in Carleton-in-Craven
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 NYCACV0014 The Swan Inn Site in Carleton-in-Craven
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Assets of Community Value – The Community Right to Bid Nomination Form for The Swan Inn Carleton-in-Craven |
Before completing this form, please read the guidance notes found at: www.cravendc.gov.uk/communityrighttobid
If you need any help completing this form please contact Partnerships Officer, Kate Senior on 01756 706414 or ksenior@cravendc.gov.uk
Section A: About your organisation
A1 Organisation’s name and address
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Name of organisation* Carleton-in-Craven Parish Council |
A3 Type of organisation
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Description |
Put a cross against all those that apply |
Registration number of charity and/or company (if applicable) |
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Neighbourhood forum |
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Parish Council |
X |
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Charity |
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Community interest company |
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Unincorporated body |
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Company limited by guarantee |
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Industrial and provident society |
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A4 Number of members registered to vote locally (unincorporated bodies only)
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In the case of an unincorporated body, at least 21 of its individual members must be registered to vote locally. If relevant, please confirm the names and addresses of such members. If they are registered to vote in the area of a neighbouring local authority, rather than in Craven, please confirm which area that is. N/A |
A5 Local connection
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In addition, your organisation must have a local connection, which means that its activities are wholly or partly concerned with the administrative area of Craven District Council or a neighbouring local authority. In some cases this will be obvious, eg. a neighbourhood forum for an area within Craven, or an organisation whose activities are confined to the one of the towns/villages in the District. If it is not obvious, please explain what your organisation’s local connection is.
A Parish Council is the first tier of local government and provides a democratic voice. Our PC represents the views and wishes of the village of Carleton-in-Craven parishioners. We are responsible for the well-being of our small community and carry out beneficial public activities. |
A6 Distribution of surplus funds (certain types of organisation only)
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If your organisation is an unincorporated body, a company limited by guarantee, or an industrial and provident society, its rules must provide that any surplus funds are not distributed to members, but are applied wholly or partly for the benefit of the local area (i.e. within the administrative area of Craven or a neighbouring local authority). If relevant, please confirm that this is the case, and specifically which area this applies to. N/A |
A7 More about your organisation
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What are the main aims and activities of your organisation?
The Parish Council is accountable to its parishioners and provides a focal point for those parishioners to raise matters of concern for example, street lighting or leaves on the pavements. Through a precept, we have an annual fund to address some of these concerns directly and also contribute towards other fun and leisure apparatus such as Recreation ground equipment and benches in amenity areas. We have a responsibility and duty to try to connect with all age groups in our parish which we take very seriously.
Our Parish Council aims to be responsive and helpful when specific projects are brought to our attention such as a new tree to mark the King’s Coronation. We try to support other groups in the community with ongoing aims such as providing seasonal flower planters.
Our council works hard to deliver services to meet local needs and improve the overall quality of life within our parish. |
A8 Your organisation’s rules
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Please send us the relevant type of document for your organisation, and put a cross in the next column to indicate which one this is |
Put a cross against the type of document that applies |
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Memorandum and Articles of Association (for a company) |
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Trust Deed (for a trust) |
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Constitution and/or rules (for other organisations) |
X (Standards) |
Part B: About the land or building(s) you are nominating
B1 Description and address
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What it is (eg. pub, local shop) Pub. |
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Name of premises (eg. Royal Oak / Littletown stores) The Swan Inn |
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Address including postcode (if known) Main Street Carleton-in-Craven, Skipton, North Yorkshire BD23 3DR
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B2 Sketch plan
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Please include (here or on a separate sheet) a sketch plan of the land. This should show:-
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B4 Why you think the building or land is of community value
Note that the following are not able to be assets of community value:-
- A building wholly used as a residence, together with land “connected with” that residence. This means adjoining land in the same ownership. Land is treated as adjoining if it is separated only by a road, railway, river or canal.
- A caravan site.
- Operational land. This is generally land belonging to the former utilities and other statutory operators.
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Does it currently further the social wellbeing or social interests* of the local community, or has it done so in the recent past? If so, how?
The village pub offers a central meeting place for a wide variety of the community to socialise and interact with others. Some of these people might not necessarily meet or mix with each other outside a pub environment. We are fortunate that for a village pub, The Swan is relatively large. There is a large bar area with ingle nook fire, “snug”, function room currently used as a restaurant, outside seating to the front next to the main road, beer garden to the rear and car park. There is also a sizeable barn and garage which have only been utilized for storage in recent years but could be developed to increase the overall size of the pub or to generate rent to support the financial viability of the pub.
The Swan can bring together and accommodate a large number of people at once who benefit culturally, socially and recreationally.
The pub brings the community together for a wide variety of events including:
The community coffee morning (every month). This is well attended, particularly by the retired community who have the opportunity to “catch up”, benefit socially and mentally for getting out of the house and raise money for local charities.
Quiz night each month. This is very popular with villagers and also attracts others who do not live within the parish. The teams are varied with people of differing ages brought together to compete for prizes.
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Could it in future further the social wellbeing or social interests* of the local community? If so, how? (This could be different from its current or past use.)
Yes – as a continuation as described above and resurrecting previous uses as below. The Swan is a large pub with more than one room so there is a great opportunity to implement with community support, the following:
Re-establish the coffee mornings held once a month. These were well attended with funds raised going to a different nominated local each month.
Weekly bingo. This attracts a wide cross section of the community and could be an evening activity or something specific for the large elderly population and held during the day. The pub manager would not necessarily have to open the bar (and increase utility costs having more than one room open) but there would be the opportunity to sell coffees/teas or cakes.
Internet cafe/Hub. The Parish Council provided a pc and printer which was used in a side room which is currently used as a dining room/restaurant. The pc/printer was available for villagers to use and seek the help of the “supervisor”. The elderly community in particular struggle to have the opportunity/venue to mix with other either in the village or in Skipton as the village is not well served with public transport so this was of huge benefit.
The side room opens directly onto the street (West Road) and was open on Saturday or Sunday mornings – again supported by local people. Hot and soft drinks/breakfast were available and this was supported by villagers and some passing trade from cyclists and walkers.
Recreate a games room with pool table, duke box and card games etc which was very popular with teenagers and young adults. There are no bus services from the village beyond 3-15pm so this facility allowed young people to socialise and enjoy a soft drink without having the expense of paying for a taxi to and from Skipton. (This has worked well under previous managers)
Seasonal events: Supporting the annual Yule tide Christmas on Swan Street event and village gala plus other ad hoc sporting events throughout the year.
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*These could be cultural, recreational and/or sporting interests, so please say which one(s) apply.
B5 How could the building or land be acquired and used in future?
If it is listed as an asset of community value, community interest groups (not limited to your organisation) will get the opportunity to bid for it if it comes up for sale. Please set out how you think such a group could fund the purchase of the building or land, and how they could run it for the benefit of the community.
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Whilst there is no formal plan in place to make such a purchase at the moment, the community has a wealth of knowledge in the financial and commercial market place to draw upon.
The formal committee could raise funds via grants, mortgages and other fund raising. All methods would be considered and evaluated at the time to establish the most economical and practical way forward. It might be fair to say that the current government accepts that the fuel crisis has hit pubs hard and the premises hold strategic value to communities (especially small villages etc) because they are often the centre of community life whether people want to spend money on alcohol or not. With this in mind, it may well be that there are future grants in place to support a purchase especially if this and subsequent governments are serious about “levelling up” in the north of England.
Carleton has a uniquely strong and active community group of people who continually go above and beyond to support the social and well being of our parishioners. These are active in the Carleton Community Umbrella, Village Hall Committee and friends of St Mary’s Church. All wish to see the building remain available for village use but this requires both the opportunity and imagination. Under new management, the Swan could well remain viable as a pub if the management tailor it to the reality of Carleton both geographically and demographically as opposed to having a fixed idea of what can be done. For example, it is probably fair to say that Carleton is not the right place for a restaurant as the current occupiers have found out but it can work as a pub offering good, basic food at the right price as other pubs in the area (Hare and Hounds at Lothersdale) have found.
The pub could be run for the benefit of the whole community as it is now or has been in the past by providing the following services:
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Appendix B – Site Plan for NYCACV0014 The Swan Inn Site in Carleton-in-Craven
