Issue - meetings

Applications for Community Right to Bid under the Localism Act 2011

Meeting: 19/12/2016 - Decision Session- Executive Member for Finance and Performance (Item 24)

24 Applications for Community Right to Bid under the Localism Act 2011 PDF 161 KB

The Executive Member is asked to consider applications to list The Grey Horse Inn, Main Street Elvington and Osbaldwick Primary School Playing Fields, The Leyes as Assets of Community Value (ACV).

Additional documents:

Decision:

Resolved: (i) That the application to list the Grey Horse Inn,

Elvington as an asset of community value be approved.

(ii) That the application to list Osbaldwick Primary

School playing fields as an Asset of Community Value be rejected.

Reasons: (i) The application meets the required criteria. By

approving the application the Council is meeting the legislative requirements of the Localism Act 2011 and promoting community access to community facilities.

(ii) The application does not meet the definition of an

Asset of Community Value as set out in the legislation.

Minutes:

The Executive Member considered a report which presented applications to list the following as Assets of Community Value (ACV), for consideration by the Council:

· The Grey Horse Inn, Main Street, Elvington, YO14 4AA

· Osbaldwick Primary School Playing Fields, The Leyes, York, YO10 3PR

The Executive Member noted that the application in respect of the Grey Horse Inn had been submitted by Elvington Parish Council. The application met the basic criteria for listing and no objection had been raised by the owner or occupier.

It was noted that the freehold of Osbaldwick Primary School playing fields was owned by City of York Council and the nomination had been made by Osbaldwick Parish Council.

The Executive Member stated that he had noted the issues raised by Councillor Warters. He stated that he had sought legal guidance from officers as to whether the application for ACV listing had been met and it was their view that this was not the case. Officers confirmed that consideration had been given to three appeals which had come before the First Tier Tribunal concerning school playing fields and, where the use of the playing fields was solely educational, the criteria for listing was not met. The Executive Member also noted that there were specific statutory procedures protecting school playing fields and that these would apply even if a school had academy status.