Agenda item

Cabinet is asked to recommend to Full Council that the Assets of Community Value Policy and Guidance Notes for Nominating Bodies and Owners be adopted, and to make associated changes to the Constitution. The Policy provides a framework for the Council to consider and determine Assets of Community Value nominations and any subsequent requests for review, compensation claims and any subsequent requests for review of compensation decisions.

Cabinet is asked to recommend to Full Council that the Assets of Community Value Policy and Guidance Notes for Nominating Bodies & Owners be adopted, and to make associated changes to the constitution. The policy provides a framework for the Council to consider and determine Asset of Community Value nominations and any subsequent requests for review, compensation claims and any subsequent requests for review of compensation decisions.

Cabinet although happy with the Assets of Community Value Policy and Guidance Notes was not content to recommend to Full Council to approve the recommendations set out In Recommendation (3) of the report as it held concerns over the extent of delegated powers given to Officers.  The point was made that Members should retain as much authority as possible.

The Cabinet therefore

            RECOMMEND TO FULL COUNCIL – That

(1)  The Assets of Community Value Policy and Guidance Notes for Nominating Bodies and Owners be adopted;

(2)  The Group Head of Technical Services be delegate authority to make any future necessary changes to the Policy as a consequence of new legislation or alternative practices;

(3)  The following addition be made to the Council’s Constitution at Part 4 (Officer Scheme of Delegation):

(a)  Authority be delegated to the Director of Place and the Group Head of Technical Services, or their nominated representative, in consultation with the Cabinet Member for Technical Services, to validate, consider and determine nominations for property/land to be listed as an asset of community value under the Assets of Community Value Policy; and

(4)  The Group Head of Council Advice & Monitoring Officer be authorised to make any further consequential changes required to the Constitution.

The Cabinet Member for Technical Services, Councillor Stanley, presented this report confirming that the intention of the Assets of Community Value Policy and Guidance Notes was to make it easier and clearer for Parish Councils and community groups to understand how they could nominate an asset(s), whether this be a building or a piece of land, that they believed to be important to their community’s social wellbeing to be listed by the Council as an Asset of Community Value.

The Group Head for Technical Services was then invited to introduce his report.  He explained that the Council’s existing procedure had been in operation now for over six years providing community groups with the opportunity to nominate assets that were either of interest to them or were deemed to be a value to the community to be listed.  It was explained that this afforded a degree of protection in situations where that asset or land was sold or proposed to be sold. These assets were protected by a prescribed process that had to be followed if a relevant disposal was proposed.  The purpose of the Assets of Community Value Policy was to clarify the various processes so that Officers and Members would be able to effectively support the management of the process and provide transparency for community nominators and asset owners so that they would easily be able to navigate themselves around this complicated process.

In discussing the report, it was clear from the comments made that although most Cabinet Members were happy to accept the majority of the recommendations, they had concern over extending delegated powers to Officers.  It was outlined that many Members of the Council held this view and that Councillors needed to retain as much authority as possible.  It was accepted that there were changes in legislation that would result in the Constitution needing to be amended, however, there was a general reluctance expressed over delegating more authority  through to Officers. 

Looking at the recommendations listed in the report, the Cabinet confirmed that Recommendations (1) and (2) could be accepted.  It was Recommendations (3) and 4) delegating Authority to the Director of Place and the Group Head of Technical Services, or their nominated representative which could not be accepted to the level proposed.  It was explained that Members needed to have more input and involvement in decision making. 

            The Director of Place offered some advice.  He explained why the various Recommendations in (4) were required.  There had to be a decision making route in place so that any applications received could be reviewed within the stipulated times from receipt of a nomination. At all times Ward Members were notified and consulted.  

In response, it was suggested that the proposed delegations to Officers be taken back and reviewed further so that a clear route on the decision making process and appropriate Member involvement could be highlighted.  In view of the response received from Officers as to how this could jeopardise the stipulated review timelines in the Policy, it was agreed that Recommendation 4(a) could be accepted now subject to the following amended wording:

“Authority be delegated to the Director of Place and Group Head of Technical Services, or their nominated representative, in consultation with the Cabinet Member for Technical Services, to validate, consider and determine nominations for property/land to be listed as an asset of community value under the Assets of Community Value Policy.”

            In response to this, Councillor Stanley agreed that this amendment was a sensible compromise.

The Cabinet

            RECOMMEND TO FULL COUNCIL – That

(1)          The assets of Community Value Policy and Guidance Notes for Nominating Bodies and Owners be adopted;

(2)          The Group Head of Technical Services be delegated authority to make any future necessary changes to the Policy as a consequence of new legislation or alternative practices;

(3)          The following additions be made to the Council’s Constitution as Part 4 (Officer Scheme of Delegation):

(a)  Authority be delegated to the Director of Place and Group Head of Technical Services, or their nominated representative, in conjunction with the Cabinet Member for Technical Services, to validate, consider and determine nominations for property/land to be listed as an asset of community value under the Assets of Community Value Policy.

(4)  The Group Head of Council Advice & Monitoring Officer be authorised to make any further consequential changes required to the Constitution.

            The Cabinet then confirmed its decision as per Decision Notice C/001/050319), a copy of which is attached to the signed copy of the Minutes.