NOT FOR PUBLICATION

North Yorkshire Council

25 October 2023

Assessment of Assets of Community Value Nomination

NYCACV0023 Great Ayton Allotments, Guisborough Road, Great Ayton

Report to the Assistant Chief Executive for Localities

1.0 PURPOSE OF REPORT

1.1 To determine whether the Great Ayton Allotments, (NYCACV0023) should be placed on the Council’s List of Assets of Community Value (ACVs).

2.0 SUMMARY

2.1 This nomination covers the Great Ayton Allotments. 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 Great Ayton Allotments as required by the Act.

4.0 CONSIDERATION OF THE NOMINATION

4.1 Description of the asset

This nomination is for Great Ayton Allotments on Guisborough Road, Great Ayton. The land is currently rented to Great Ayton Parish Council who is responsible for the management of the Allotments site, overseeing of the letting of 178 allotments to residents and ensuring they are maintained to a high standard.

4.2 Nomination

The nominator, Great Ayton Parish Council, report that the Allotments are an integral part of the community and offer people of all ages the opportunity to grow their own produce, get out in the fresh air and socialise. The 178 Allotment plots are rented annually to residents of Great Ayton which encourages outside working for all ages and for them to grow their own produce as well as socialise with fellow tenants. The Allotment site has a real community spirit and current and past users report that the gardening plots support their wellbeing and a number state this helps with their anxiety.

A small plot of allotments (0.08 acres) is rented to Yatton House Society direct from Marwood Estate, this lease was agreed by the Parish Council to be a direct lease in April 2023. This supported the Yatton House Society with their use of the land as a community garden, for their day placements who have learning and physical disabilities.

4.3 Comments received

In accordance with the local nomination guidelines the local ward councillor, Councillor Heather Moorhouse (Great Ayton Division) was consulted regarding the assessment of the nominated asset. Councillor Moorhouse responded to confirm that she is fully supportive of the nomination as this is a valuable asset to the village, particularly for the older residents who have made clear it is essential for their health and wellbeing, some of whom have had allotments for up to 50years. Another user of the allotments, via a separate tenancy, is Yatton House who have a community garden on the site. They are a charity who provide adult social care for people with disabilities, which again if lost, would have a great impact on their wellbeing.

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

The asset is currently in operation as allotments (178) and the Parish Council has confirmed that they have a waiting list for the allotments and have no problem letting a garden when a tenant opts to hand it back so it is realistic that there is a time in the next five years when there could be a non-ancillary use of the land that would further (whether or not in the same way as before) the social wellbeing or social interest of the local community.

4.6 Conclusion

Having reviewed the evidence provided by Great Ayton Parish Council, North Yorkshire Council recommends that the Great Ayton Allotments 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 and that, 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 Heather Moorhouse – Great Ayton Division has responded to confirm that she is fully supportive of the nomination as this is a valuable asset to the village, particularly for the older residents who have made clear it is essential for their health and wellbeing.

6.0 ALTERNATIVE OPTIONS CONSIDERED

6.1 None. Not to consider the nomination of the Great Ayton Allotments 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 Great Ayton Allotments, has in the recent past and currently is, an accessible, asset that is available for the community of Great Ayton.

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 Great Ayton Allotments on Guisborough Road in Great Ayton, 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 Great Ayton Allotments 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 NYCACV0023 Great Ayton Allotments, Great Ayton including a Site Plan of the allotments.

BACKGROUND DOCUMENTS:

Localism Act 2011

The Assets of Community Value Regulations (England) 2012

Assistant Chief Executive for Localities

County Hall

Northallerton

23/10/23

Report Author – Lisa Wilson – Service Manager (Communities HAM)