North Yorkshire Council
Executive
14 July 2026
Community Transfer Policy
Report of the Corporate Director Resources
1.0 PURPOSE OF REPORT
1.1 The purpose of this report is to seek approval for the adoption of the Community Transfer Policy as the Council’s formal framework for community asset and service transfer, replacing the existing Double Devolution Pilot. The report also sets out proposed transitional arrangements to support organisations currently involved in the Double Devolution Pilot to either finalise their proposals by 31 March 2027 or submit a new Expression of Interest under the Community Transfer Policy.
2.0 SUMMARY
2.1 The Community Transfer Policy provides a single, transparent framework for the transfer of Council‑owned assets and services to Parish Sector Organisations (PSOs) and voluntary and community sector organisations, including charities and social enterprises (VCSEs). It supports the Council’s devolution ambitions and aligns with the North Yorkshire Council Plan and Corporate Property Strategy. It replaces other routes such as the Double Devolution Pilot. The Policy applies to transfers (including freehold and leasehold) and other arrangements such as licences, at less than market value, and service transfers, where community benefit justifies that approach.
2.2 The Policy establishes a framework for both Community Asset Transfer and Community Service Transfer, recognising that service transfers will be supported through a more flexible and developing operational approach.
3.0 BACKGROUND
3.1 Following the formation of the unitary authority in 2023, the Council identified four locality pillars as enablers to its ambition to be ““England’s most local large council”:
· Local services and access: Locally based and integrated council, partner and community services, reflecting the needs of the communities and accessible to all who need them.
· Local accountability: Local area committees to oversee and champion local areas, strengthen local relationships, make important decisions locally and hold the council to account.
· Local action: Community Partnerships, bringing together local Councillors, public sector agencies, communities, and businesses to get things done in their local area.
· Local empowerment: Devolution of services and assets to town and parish councils and community groups where they want to take these on and have the capacity to do so.
This Policy has been developed as a key enabler for the delivery of the ‘Local Empowerment’ pillar and will put in place a new procedure for the devolution of services and assets.
3.2 Approval of this policy will replace all legacy and interim arrangements, including Double Devolution, by providing a single, consistent county‑wide framework.
4.0 COMMUNITY TRANSFERS – CURRENT POSITION AND POLICY OVERVIEW
Current Position
4.1 The Council currently progresses applications for Community Transfers using an interim/legacy policy & process. The exception to this is applications made through the Double Devolution Pilot. The new Community Transfer Policy, and associated process, is intended to formalise arrangements and cover all types of local devolution, replacing Double Devolution.
4.2 The table below is a summary of current asset transfers progressing via the interim/legacy policy & process for Community Transfers (April 2026):
|
Stage |
Status |
Number on 24/04/26 |
|
Pre-EOI |
EOI forms shared with applicant |
8 |
|
EOI |
EOI assessment is yet to undergo a Property Test |
2 |
|
EOI |
EOI assessment is yet to undergo an Organisation Test |
0 |
|
EOI |
Applications awaiting sign off |
0 |
|
EOI |
Applications signed off |
5 |
|
|
|
|
|
Business case |
Assessment is ongoing |
0 |
|
Business case |
Awaiting sign off |
0 |
|
Business case |
Signed off/successful & progressing in line with Property Procedure Rules |
2 |
|
|
|
|
|
Community Transfers completed since April 2025 |
0 |
|
4.3 Of the five EOI applications that are signed off:
· Three applicants have been invited to submit a business case for a long-term lease
· One applicant has been invited to submitted a business case for a freehold transfer
· One applicant has been invited to enter into discussions about a temporary licence arrangement outside of the Community Asset Transfer process
4.4 Summary of Double Devolution Proposals (April 2026):
· Double Devolution opportunities still in progress: Filey, Whitby, Skipton, Northallerton, Selby, Ripon
· Double Devolution opportunities agreed by the Executive: Ripon Town Hall & Knaresborough Market
Policy Overview
4.5 The proposed Community Transfer Policy & Operational Procedures (Appendix A) has been designed to be clear, proportionate and supportive, responding directly to feedback sought from internal subject matter experts during development. It confirms a structured, staged process with strong governance including defined decision points and transparent communication reducing reputational risk and managing capacity effective. It provides a framework that will help to manage expectations on outcomes and timescale. The Policy ensures risks are identified early through formal tests covering property suitability, organisational capability, financial viability and value for money, with appropriate safeguards built into leases and agreements.
4.6 Member oversight is embedded through regular performance reporting through established routes and proportionate involvement in decision‑making for larger or higher‑value proposals.
4.7 The Policy explicitly seeks to enable a wide range of community organisations, including smaller or less‑established groups, by offering officer support, guidance and flexible arrangements such as licences or short‑term agreements to build confidence and organisational capabilities without long‑term commitments for either party. The process is not intended to favour larger organisations or create unnecessary bureaucracy, but to support locally appropriate, sustainable solutions.
4.8 The Policy also provides clarity on the circumstances that may trigger community asset or service transfer. Community Asset Transfers may be initiated proactively by the Council, for example where assets are identified through service and property reviews or transformation activity; or reactively where a PSO or VCSE organisation expresses interest in a specific asset.
4.9 Community Grow provides a streamlined, licence-based route for community use of Council-owned land for food growing, where a long-term transfer is not appropriate. It is co-ordinated by the same teams, alongside the Public Health Team and operates as a complementary but separate policy to the Community Transfer Policy, with a proportionate assessment process based on an Expression of Interest only. A copy of the draft Community Grow Policy is available at Appendix C to this report.
4.10 Community Service Transfers may similarly be initiated through Council‑led service reviews or transformation programmes, or reactively where a community organisation identifies a local service need, including through an initial enquiry via Community Right to Challenge. This flexible approach enables both Council‑led and community‑led opportunities to be considered in a structured and transparent way.
4.11 The Policy recognises PSOs as key local partners with an important enabling role in community asset and service transfer. Their democratic mandate, local knowledge and ability to raise funding through precepting place them in a strong position to act as conveners, coordinators or long‑term custodians of assets, working collaboratively with local community and voluntary groups. This approach could create opportunities to support locally‑led solutions, de‑risk delivery for smaller organisations, and help bring together partners to develop sustainable proposals that reflect local priorities and strengthen community resilience.
4.12 The Policy confirms that the Council will provide relevant asset and service information, and may fund some costs associated with transfers on behalf of applicants.
4.13 The Policy ensures data governance, equality, environmental and climate considerations are embedded throughout.
Double Devolution Transitional Arrangements
4.11 It is proposed that the Council will work with any PSO that has a project currently within the Double Devolution Pilot programme (listed at paragraph 4.3) to clarify the position and finalise their proposal by 31 March 2027. Where it not possible to achieve this before that date, the Council would welcome the submission of a new Expression of Interest under the Community Transfer Policy.
5.0 CONSULTATION UNDERTAKEN AND RESPONSES
5.1 An initial draft policy, based on a review and learning from other, similar Local Authority policies, significant learning from the operation of the interim process (including the Double Devolution Pilot), and input from a cross-council working group of Officers (Legal Property, Legal Contracts, Property Services and Localities) was prepared. This was then also reviewed by colleagues in Finance and Strategy & Performance as well as Climate Change, Equalities and Data Governance experts who contributed to the impact assessment screenings, and elements from these screenings were embedded into the Policy/process where appropriate.
5.4 The draft Policy has been subject to iterative review and refinement through a series of internal officer groups across the Council, including the Localities Service, Property Management Group (PMG), Corporate Property Board, Management Board and Property Leadership Team.
5.5 Feedback from these groups covered governance, processes, accessibility, financial considerations, and clarity of scope and terminology. All comments have been carefully considered and incorporated into the final version of the Policy. As a result, the Policy reflects a strengthened and more practical framework, with enhanced clarity, consistency, and transparency, while maintaining the original intent, principles, and overall approach.
5.6 The draft Policy was presented to the Corporate and Partnerships Overview and Scrutiny Committee (CPOSC) on 15 June 2026 to enable pre-decision scrutiny. Committee Members were invited to review the draft policies and provide comments to inform the Executive’s consideration. This review by CPOSC confirmed the importance of providing information to Local Councillors about Community Transfer applications in their Divisions, as outlined at paragraph 11.4 of the Policy.
6.0 CONTRIBUTION TO COUNCIL PRIORITIES
6.1 Adoption of this Policy reflects the Council’s commitment, originally set out in the Unitary Bid, and confirmed in subsequent iterations of the Council Plan to be “England’s most local large council”. The Policy enables delivery of a specific priority action within the council plan:
Creating opportunities for the devolution of services and assets to communities and provide support to town and parish councils and other local community groups who want to run local services and assets and where it would deliver improvements and better value for money.
7.0 ALTERNATIVE OPTIONS CONSIDERED
7.1 An alternative option considered was to continue without a formal policy and manage community asset and service transfers through legacy, interim, varied or ad hoc arrangements. This is not recommended as it would result in inconsistent, unclear and less transparent decision‑making, create uncertainty for communities, and increase governance, legal and financial risks. A formal policy provides a clear, consistent and accountable framework, supports a strategic approach to devolution, and gives communities, internal services and Councillors greater confidence in how opportunities will be considered and delivered.
8.0 FINANCIAL IMPLICATIONS
8.1 All asset and service transfer decisions are supported by valuations to establish market value and inform any proposed undervalue, assessment of applications includes review by Finance.
8.2 The Policy ensures that any below‑market‑value transfer is properly justified by community benefit and approved in line with statutory and governance requirements.
9.0 LEGAL IMPLICATIONS
9.1 The Community Transfer Policy is underpinned by relevant statutory requirements, including the Local Government Act 1972 (best consideration), the General Disposal Consent (England) 2003, the Localism Act 2011, the Subsidy Control Act 2022, and legislation relating to charities, public open space and school land.
9.2 Disposals at below market value are permitted only where there is robust evidence of community wellbeing benefit and full compliance with subsidy control requirements.
9.3 The Community Transfer Policy sets out the Council’s approach to community asset and service transfers and does not, in itself, authorise individual disposals. All transfers will continue to be progressed and approved in accordance with the Council’s existing Property Procedures Rules, encompassing legal requirements and Scheme of Delegation for decision-making authority applied on a case-by-case basis.
9.4 Attempts have been made to future‑proof the Community Transfer Policy in anticipation of changes to Assets of Community Value (ACV) legislation, including the proposed introduction of the Community Right to Buy and the concept of a preferred community buyer. The Policy clarifies how Council‑owned ACVs will be considered alongside community transfer activity, recognising that ACV status does not prevent transfer and may, in some cases, strengthen the case for a community‑led approach. However, due to the statutory nature of ACV processes, this may affect the timing, eligibility or progression of applications, and the Policy is structured to allow operational arrangements to adapt as legislation is implemented without changing its core principles.
10.0 EQUALITIES IMPLICATIONS
10.1 The Equalities Impact Assessment (EIA) Screening is available at Appendix D. There are no identified implications brought about by the Policy itself. Each application requires an individual EIA screening to identify implications on a case-by-case basis.
11.0 CLIMATE CHANGE IMPLICATIONS
11.1 The Climate Change Impact Assessment (CCIA) Screening is available at Appendix E. There are no identified implications brought about by the Policy itself. Each application requires an individual CCIA screening to identify implications on a case-by-case basis.
12.0 DATA PROTECTION IMPLICATIONS
12.1 The Data Protection Impact Assessment (DPIA) Screening is available at Appendix F. There are no identified implications brought about by the Policy itself. The Council will publish high-level information about applications on its website, this will be limited to the site, applicant and progress/status of application. Each application requires an individual DPIA screening to identify implications on a case-by-case basis.
13.0 POLICY IMPLICATIONS
13.1 The Community Transfer Policy and associated Community Grow Policy do not form part of the Council’s Policy Framework and does not require approval by Full Council.
13.2 The Community Transfer Policy and associated Community Grow Policy provide a clear, single framework for transferring Council assets and services to PSOs and VCSEs, at below market value where there is justification to do so. It supports the Council’s devolution priorities, aligns with the Council Plan and Corporate Property Strategy, and replaces the Double Devolution Pilot.
13.3 The Policy is designed to remain operable alongside forthcoming national reforms to Assets of Community Value and the new Community Right to Buy.
14.0 RISK MANAGEMENT IMPLICATIONS
14.1 The Policy does not create a right to transfer assets or services; all transfers remain voluntary, discretionary and subject to staged assessment and formal approval.
14.2 The Policy seeks to ensure that risk mitigation is proportionate, legally robust, and consistently applied, especially for higher value or higher risk assets.
15.0 REASONS FOR RECOMMENDATIONS
15.1 The recommendation is to adopt a formal policy to provide a clear, consistent and transparent framework for community asset and service transfers, enabling fair decision‑making, reducing risk, and supporting a strategic and proactive approach to devolution that gives communities, internal services and Councillors greater confidence in the process.
|
16.0 |
RECOMMENDATIONS
|
|
|
i) That the Community Transfer Policy and associated Community Grow Policy & Operational Procedures (attached as Appendices A, B & C to this report) are adopted
ii) To authorise the delegation of minor non‑material updates to associated guidance and operational documents to support effective implementation of the Policy to the Assistant Director Property, Procurement & Commercial, for Community Asset Transfers
iii) To authorise the delegation of minor non‑material updates to associated guidance and operational documents to support effective implementation of the Policy to the Assistant Chief Executive Local Engagement Director Property, for Community Service Transfers
iv) That the Community Transfer Policy replaces the Double Devolution Pilot
v) Approve arrangements for the Council to work with organisations in the Double Devolution Pilot to finalise proposals by 31 March 2027, or otherwise invite a new Expression of Interest under the Community Transfer Policy |
APPENDICES:
Appendix A – Draft Community Transfer Policy
Appendix B – Community Asset Transfer Operational Procedures
Appendix C – Draft Community Grow Policy
Appendix D – Equalities Impact Assessment Screening
Appendix E – Climate Impact Assessment Screening
Appendix F – Data Protection Impact Assessment Screening
Anton Hodge, Corporate Director – Resources
County Hall
Northallerton
14 July 2026
Report Authors – Marie-Ann Jackson & Claire Wilson
Presenter of Report – Kerry Metcalfe & Marie-Ann Jackson
Note: Members are invited to contact the author in advance of the meeting with any detailed queries or questions.