Issue - meetings
Applications for Community Right to Bid under the Localism Act 2011
Meeting: 15/08/2016 - Decision Session- Executive Member for Finance and Performance (Item 9)
9 Applications for Community Right to Bid under the Localism Act 2011 PDF 192 KB
This report presents applications to list the following assets as Assets of Community Value, for consideration by the Council:
· White Rose House, 73 Main Street, Wheldrake York, YO19 6AA
· Grove House 40/48 Penley’s Grove Street, York, YO31 7PN
Additional documents:
- Annex 1 Wheldrake White Rose House ACV Nom Form, item 9 PDF 2 MB
- Annex 2 WRH - ACV, item 9 PDF 251 KB
- Annex 3 Grove House Nomination Form, item 9 PDF 921 KB
Decision:
Resolved: (i) That the application to list White Rose House,
Wheldrake as an asset of community value be referred to the Executive.
(ii) That the application to list Grove House, Penley’s
Grove Street as an asset of community value be rejected.
Reasons: (i) As the Executive Member believed that the application merited broader consideration, and to provide an opportunity to explore in more depth the information provided by the owners of the property.
(ii) As the application is excluded from the definition of an Asset of Community Value set out in legislation.
Minutes:
Applications for Community Right to Bid under the Localism Act 2011: White Rose House, Grove House
The Executive Member considered a report that presented applications to list the following assets as Assets of Community Value (ACV):
· White Rose House, 79 Main Street, Wheldrake, York,
YO19 6AA
· Grove House, 40/48 Penley’s Grove Street, York,
YO31 7PN
Referring to the White Rose House application and the letter from the County Commissioner Girlguiding North Yorkshire South, the Executive Member stated that he believed that further consideration was required as to whether the community use of the building was more than an ancillary use of the building. To enable further time for these issues to be explored, and to enable the application to be given broader consideration, he was therefore referring the matter to the Executive for consideration at their meeting in September 2016.
Referring to the Grove House application, the Executive Member stated that he was mindful of community activity within the Groves and noted their aspirations for the use of the building. However, the decision he was being asked to make at the meeting was whether or not to approve the application for Grove House to be listed as an Asset of Community Value. The Council would make decisions regarding the disposal of the buildings in due course.
The Executive Member stated that he was mindful of the legal advice that had been given in respect of the interpretation of the ACV Regulations regarding residential properties. It was for this reason that he was intending to reject the application to list Grove House as an Asset of Community Value.
Resolved: (i) That the application to list White Rose House,
Wheldrake as an asset of community value be referred to the Executive.1
(ii) That the application to list Grove House, Penley’s
Grove Street as an asset of community value be rejected.
Reasons: (i) As the Executive Member believed that the
application merited broader consideration, and to provide an opportunity to explore in more depth the information provided by the owners of the property.
(ii) As the application is excluded from the definition of an Asset of Community Value set out in legislation.