Agenda item

(a)  Assets of Community Value - Legislation and Implications

To consider the report of the Director of City Development detailing the provisions dealing with Assets of Community Value in the Localism Act and setting out the resultant requirements and the potential implications for the Council. In addition, the report seeks approval to publish the proposed ‘List of Assets of Community Value’ and also to delegate authority to the Director of City Development to authorise inclusion of community nominations in the list of assets of community value which satisfy the criteria as set out in the Act and those which would fall into the list of land nominated by unsuccessful community nominations.

(b)  Community Asset Transfer

To consider the report of the Director of City Development setting out the background to community asset transfer and outlining the context in terms of Government policy; the benefits of community asset transfer; the Council’s experience to date, together with any lessons learned. In addition, the report presents a draft policy and assessment framework for consideration by Executive Board for future community asset transfers.

(c)  Community Right to Challenge

To consider the report of the Director of Resources providing a summary of the requirements arising from the ‘Community Right to Challenge’ provisions of the Localism Act 2011, and providing an opportunity to debate and determine the way that the Council implements the legislation.

(A)  Assets of Community Value - Legislation and Implications

The Director of City Development submitted a report detailing the provisions to deal with Assets of Community Value in the Localism Act and setting out the resultant requirements and the potential implications for the Council. In addition, the report sought approval to publish the proposed ‘List of Assets of Community Value’ and also to delegate authority to the Director of City Development to authorise inclusion of community nominations in the list of assets of community value which satisfied the criteria, as set out within the Act and those which would fall into the list of land nominated by unsuccessful community nominations. In determining this matter, the Board took into consideration all matters contained within the accompanying report.

In considering both the reports referred to in Minute Nos. 221(A) and 221(B) at the same time, Members emphasised the need to ensure that the process by which communities could acquire assets of community value and the community asset transfer procedure were not too bureaucratic, in order to maximise community accessibility to them. In addition, Members highlighted that there should be an equality of access to, and support with such processes across all communities throughout Leeds. Responding to the comments made, the Chief Executive provided reassurance that an enabling and ‘can do’ approach would be taken by the Council in assisting communities, which would be accompanied by independent advice from organisations such as Leeds Ahead. In addition, it was noted that any successful expressions of interest would need to be able to prove that they were financially viable.

Members highlighted the limited nature of the 6 month window of opportunity that community groups would have to submit their case to acquire assets and facilities of community value and emphasised the need for an element of flexibility on such timescales.

With regard to community asset transfers, Members discussed whether such assets should be transferred on a leasehold or freehold basis, and noted that further consideration could be given to this matter.

In conclusion, officers noted the comments which had been made and highlighted that in respect of the community asset transfer procedure the points made would be taken into consideration as part of the consultation process on the draft policy submitted to the Board. However, it was emphasised that the processes relating to the acquisition of assets of community value had been established by central Government.

RESOLVED -

(a)  That it be noted that the Localism Act 2011 dealing with Assets of Community Value is expected to come fully into force later this year, once all the Regulations have been made by the Secretary of State, which will have implications for the Council.

(b)  That approval be given to the publication of the proposed field list attached at Appendix 1 to the submitted report, for the published ‘List of Assets of Community Value’ and also the list of land nominated by unsuccessful community nominations.

(c)  That authority be delegated to the Director of City Development, in consultation with the Executive Member for Development and the Economy, to authorise the inclusion of community nominations which satisfy the criteria set out within the Act, in the ‘list of assets of community value’ and those which would fall into the ‘list of land nominated by unsuccessful community nominations’.

(B)  Community Asset Transfer

The Director of City Development submitted a report setting out the background to community asset transfer, outlining the context in terms of Government policy, highlighting the benefits of community asset transfer, the Council’s experience to date, together with any lessons learned. In addition, the report also presented a draft policy and assessment framework for consideration in respect of any future community asset transfers. In determining this matter, the Board took into consideration all matters contained within the accompanying report.

The Board considered both the reports referred to in Minute Nos. 221(A) and 221(B) at the same time, therefore the details of the overarching discussion on both reports are detailed within Minute No. 221(A).

RESOLVED – That, subject to the comments which had been made during the discussion, the proposed draft policy and framework documents appended to the submitted report be agreed for use in assessing community asset transfers.  The draft will be subject to a two month consultation period from 1^st April 2012 to 31^st May 2012, with a final version being submitted to Executive Board in July 2012.

(C)  Community Right to Challenge

The Director of Resources submitted a report providing a summary of the requirements arising from the ‘Community Right to Challenge’ provisions of the Localism Act 2011, and providing an opportunity to debate and determine the way that the Council implements the associated legislation. In determining this matter, the Board took into consideration all matters contained within the accompanying report.

RESOLVED - That the contents of the submitted report be noted and supported, and it be agreed that a further report be submitted to the Board, detailing the regulations, once they are published.

(Under the provisions of Council Procedure Rule 16.5, Councillor A Carter required it to be recorded that he abstained from votingon the decisions referred to within Minute Nos. 221(A) and 221(B))