NOT FOR PUBLICATION

North Yorkshire Council

31 August 2023

Assessment of Assets of Community Value Nomination

NYCACV0017 Rose and Crown, Sutton on the Forest

Report to the Assistant Chief Executive for Localities

1.0 PURPOSE OF REPORT

1.1 To determine whether the Rose and Crown, (NYCACV0017) should be placed on the Council’s List of Assets of Community Value (ACVs).

2.0 SUMMARY

2.1 This nomination covers the Rose and Crown at Sutton on the Forest. 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 Rose and Crown as required by the Act.

4.0 CONSIDERATION OF THE NOMINATION

4.1 Description of the asset

This nomination is for the Rose and Crown public house in Sutton-on-the-Forest, a village on the outskirts of York. The asset is described by the nominator, Sutton-on-the Forest Parish Council, as a traditional village pub and social hub at the heart of the community.

The Rose and Crown has previously been listed as an Asset of Community Value in 2016 and removed after the five-year listing period in 2021. The Rose and Crown has been closed since May 2022 and has been stripped of its internal fixtures and fittings.

4.2 Nomination

Sutton-on-the-Forest Parish Council state that until May 2022 the Rose and Crown, the village’s last remaining pub, was a thriving, vibrant business hosting regular weekly nights out for various local friendship groups, and a meeting space for clubs and associations. With a garden adjoining the village playing field, families could enjoy al fresco dining with their children playing safely nearby. Throughout its history the Rose and Crown has played a vital role in combating loneliness and isolation, an essential provision in an increasingly ageing population. The Parish Council also state that despite the best efforts of many to create hospitality venues elsewhere nothing has replicated the ‘warm space’, accessibility and ambience of the village pub.

Since May 2022 the Rose and Crown has been closed following the departure of the last tenants who were unable to afford a 50% increase in rent. The Parish Council state that the community has had to stand helplessly by whilst the owner, intent on realising their long-held ambition of converting the site into housing, has allowed the building to fall into disrepair and the internal fixtures and fittings have been stripped out.

The Parish Council confirm that over the last year the closure of the pub has crystalised the community’s determination to ‘get it back’. The Parish Council recognise that to bring the asset into community ownership is not straightforward but has begun, and will continue to map out and pursue, a realistic course of action. Their long-term plan would be to apply for funding through the Government’s Community Ownership fund and sponsoring an appropriate public works loan.

The Parish Council report that in 2016 the owner of the Rose and Crown tried to sell the asset for housing. In response the village formed a Community Interest Company, registered the Rose and Crown as an Asset of Community Value, and raised sufficient funds to provide a loan to the then tenants to keep the business going which they had been able to repay, alongside their rent. The Parish Council have stated in their nomination that “it is hoped that the redesignation of the Rose and Crown as an Asset of Community Value will arrest a current change of use planning application, but it will not reopen the pub nor force the owners to sell”.

4.3 Comments received

In accordance with the local nomination guidelines the local ward councillor, Councillor Malcolm Taylor (Huby and Tollerton Division) was consulted regarding the assessment of the nominated asset. Councillor Taylor responded to confirm that he was engaged with Sutton-on-the-Forest Parish Council on this issue but did not provide any further comment.

In response to being informed that North Yorkshire Council had received an Asset of Community Value nomination for the Rose and Crown, the owners of the asset, Mr and Mrs Simpson submitted a response for consideration in assessing the validity of the nomination (see Appendix C), along with 49 documents as evidence to their response.

The owners state they have been in dialogue with the Community Interest Company (CIC) since it was set up in November 2015 and that no credible offer to purchase the Rose and Crown has been made. They also state that in the 6 months prior to the pub closing they actively tried to encourage the CIC with a series of options and ideas but that these were met with negative responses and no progress was made. Mr and Mrs Simpson’s evidence also demonstrates that they have previously marketed the pub with an intent to sell the asset as a going concern but have not been able to complete a sale for the property.

The owner’s response also states that there are alternative venues in the village: Miss Daisys is operating successfully as a bar and restaurant at Sutton Hall; Il Paradiso On The Forest provides a restaurant and the village hall is proving a successful active licensed function facility.

4.4 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.

4.5 Evidence

Sutton-of-the-Forest Parish Council state that the Rose and Crown public house had, until May 2022, been a social hub at the heart of the village, providing a place where the community, including clubs and societies, could meet and socialise, providing a vital asset in combating loneliness and social isolation. It is also noted that although there are other hospitality establishments in the local area, these do not replicate the accessibility and ambience of a village pub.

There is evidence to support that since 2016, when the asset was previously listed, the owners of the Rose and Crown have attempted to sell the pub as a going concern and engaged with the Community Interest Company but have not been able to complete a sale and is currently seeking planning permission to convert the property into housing. Sutton-on-the-Forest Parish Council state that they are mapping out and pursuing a realistic course of action to bring the asset into community ownership. They are looking to apply for funding from the Government’s Community Ownership Fund and an appropriate public works loan to purchase the asset.

4.6 Conclusion

Having reviewed the evidence provided by Sutton-on-the-Forest Parish Council and Mr and Mrs Simpson, owners of the asset, North Yorkshire Council recommends that the Rose and Crown should be listed as an Asset of Community Value as it meets the definition of an asset of community value as set out in Section 88 of the Localism Act 2011.

The nomination satisfies the legislative test that this asset has in the recent past furthered the social wellbeing and interests of the local community. The Parish Council have also provided evidence that realistically, in the next five years, there could be a non-ancillary use of the building that would further (whether or not in the same way as before) the social wellbeing or social interest of the local community.

5.0 CONSULTATION UNDERTAKEN AND RESPONSES

5.1 Local Councillor – Cllr Malcolm Taylor – Huby and Tollerton Division. “I am engaged with Sutton on the Forest Parish Council regarding this matter.”

6.0 ALTERNATIVE OPTIONS CONSIDERED

6.1 None. Not to consider the nomination of the Rose and Crown would not fulfil the Council’s responsibilities required by the Localism Act 2011 and The Assets of Community Value (England) Regulations 2012.

7.0 IMPACT ON OTHER SERVICES/ORGANISATIONS

7.1 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.

8.0 FINANCIAL IMPLICATIONS

8.1 If the decision is to list the property the owner can make a claim for compensation for which the Council is liable.

9.0 LEGAL IMPLICATIONS

9.1 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.

9.2 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).

9.3 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).

10.0 EQUALITIES IMPLICATIONS

10.1 The Rose and Crown, has in the recent past, been an accessible, social hub for the whole community of Sutton-on-the-Forest.

11.0 CONCLUSIONS

11.1 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.

12.0 REASONS FOR RECOMMENDATIONS

12.1 The evidence demonstrates that the nomination for the Rose and Crow, Sutton on the Forest, meets the definition of community value as detailed in the Localism Act 2011.

13.0

RECOMMENDATION(S)

It is recommended that the Assistant Chief Executive for Localities:

(i) Determines that the nomination for the Rose and Crown, Sutton-on-the-Forest 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

APPENDICES:

Appendix A – Nomination Form for NYCACV0017 The Rose and Crown, Sutton-on-the-Forest

Appendix B – Site Plan for Nomination Form NYCACVC0017 The Rose and Crown, Sutton-on-the-Forest

Appendix C – Response from Mr and Mrs Simpson, owners of the Rose and Crown, Sutton-on-the-Forest

BACKGROUND DOCUMENTS:

Localism Act 2011

The Assets of Community Value Regulations (England) 2012

Assistant Chief Executive for Localities

County Hall

Northallerton