Agenda item

To consider the decisions made by the Leader at his Decision Session held on 29 June 2015 in relation to the above item, which has been called in by Councillors Gunnell, Hayes and Kramm in accordance with the Council’s Constitution.  A cover report is attached setting out the reasons for the call-in and the remit and powers of the Corporate & Scrutiny Management & Policy & Scrutiny Committee (Calling-In) in relation to the call-in, together with the original report and the decisions of the Executive Leader from his Decision Session.

Members received a report which asked them to consider the decisions made by the Leader at his Decision Session on 29 June 2015, to reject an application from the Clementhorpe Community Association to list the Clementhorpe Malt House, 19/21 Lower Darnborough Street, as an Asset of Community Value (ACV).

Details of the Leader’s decision were attached at Annex A to the report and the original report of the Assistant Directors of Finance, Asset Management & Procurement to the Executive Leaders Decision Session, attached at Annex B.

The original decision had been called in by Councillors Kramm, Gunnell and Hayes on the following grounds:

“In the Decision Session the leader of City of York Council decided that the application to list the Clementhorpe Malthouse as an Asset of Community Value is rejected as the criteria have not been met for the reasons set out in the report.

Cllr Steward followed the officer’s recommendation to dismiss the ACV application on just one ground, the previous usage of the building. The report to the leader states:

“It is considered that this application does not meet the criteria for the legislation to apply as the building has never been used for a use which furthers the well-being or social interests of the community and is therefore not eligible for listing as an asset of community value.”

The Localism Act 2011 is not giving a clear definition of “social interest” and case law has not been widely established giving the local council a wider discretion in its interpretation. It is our belief that the social interest in the Malthouse has been well established on the local community. Clementhorpe Malthouse has been for years a silent and passive monument for the industrial heritage of Clementhorpe. Interest is the state of wanting to know or learn about something. Several residents stated in recent open viewings and public meetings that they for years were admiring the building from the outside wondering about its past and function. The high attendance in the open viewing showed that the interest of the local community is strong despite the council’s idleness in the last years to build on it. The current ACV application is not just to aiming to retain the current social interest but to develop it even further.

Additionally Section 88 of the Localism Act 2011 states that

“In order to be listed, the land or building must further the social wellbeing or social interest of the local community, or have been used in the recent past.”

There is no case law supporting the interpretation that the condition “have been used in the recent past” is cumulative. Leaving the interpretation that the reason that the inside of the Malthouse has never been used as a cultural and historic heritage side as criterion for exclusion under Localism Act doubtful.

The Malt House has for much of the last 50 years been used by the Castle Museum. It was providing a community function and the community knew it was a part of the Museums Service for City of York Council. It was part of the heritage complex of buildings for the City. That its previous use was furthering the cultural and heritage needs of the community.

The Clementhorpe Community Association feel that they have always acted in the spirit of the law and will provide evidence of precedents in other parts of the UK to illustrate their case.

The CCA have argued their case to us and this is why the three Micklegate Councillors have decided to call in the ACV decision of 29th June".

Councillor Hayes addressed the meeting on behalf of the group of Calling In members. He confirmed that the Clementhorpe Community Association had sought further advice since the call-in of the decision. He highlighted their principal concern that the decision taken not to grant the Malt House as an ACV had been taken on the basis that the property had never been used for a use that furthered the wellbeing and social interest of the community, however the Castle Museum had used the building for storage. He also circulated additional information in support of the call-in and listed other successful ACV applications in Northampton and Greenham Common.

The Executive Leader spoke in response to the points made for the call-in of the decision. He clarified that the decision taken had not been taken on only one ground as mentioned in the call-in, but as the criteria for listing the building had not been met.

The Assistant Director, Finance, Property and Procurement provided further information in answer to Members questions and in support of the Leader’s decision. She confirmed that Clementhorpe Malt House did not meet the basic requirements for listing the property, particularly as the public had not had any access to the building and as it had been eight years since the building had last been used for storage.

In answer to questions, the Assistant Director, Governance and ICT gave advice relating to the application of section 88 of the Localism Act 2011.

Members confirmed that whilst the building may be of interest to the community they felt that, in this particular case, the correct decision had been made not to list the property as an Asset of Community Value, and following further discussion it was

Resolved:           That Option A be approved and that the decision of the Executive be confirmed.

Reason:              To enable the called-in matter to be dealt with efficiently and in accordance with the requirements of the Council’s Constitution.