Issue - meetings

Meeting: 14/06/2019 - Cabinet (Item 12)

12 Cabinet Members' Items - Report of Corporate Finance & Governance Portfolio Holder - A.5 - Review of the Registration of an Asset of Community Value: Ardleigh Hall Leisure and Squash Club pdf icon PDF 253 KB

To review the listing of Ardleigh Hall Leisure and Squash Club under the Localism Act 2011 and the Assets of Community Value (England) Regulations 2012 following a request for review by Ardleigh Hall LLP the owner of the Ardleigh Hall Squash Club.

Decision:

RESOLVED that Cabinet –

 

(a)    notes the change in circumstances at the former Ardleigh Hall Squash and      Leisure Club since its decision in January 2015;

 

(b)    agrees that it is not realistic that the original land nominated including the buildings subsequently demolished will further the social well-being or social interests of the local community in the future; and consequently

 

(c)      concludes that the criteria required in Section 88 Localism Act 2011 is no longer satisfied and therefore authorises that the land be now removed from the List of Assets of Community Value.

Minutes:

The Cabinet gave consideration to a report of the Corporate Finance and Governance Portfolio Holder (A.5) which reviewed the listing of Ardleigh Hall Leisure and Squash Club under the Localism Act 2011 and the Assets of Community Value (England) Regulations 2012, following a request for such a review by Ardleigh Hall LLP the owner of the Ardleigh Hall Squash Club (which is registered with title number EX489331 at HM Land Registry).

 

It was reported that in January 2015 a valid nomination to register an asset of community value had been received from Ardleigh Parish Council in respect of Ardleigh Hall Leisure and Squash Club, Dedham Road, Ardleigh. Subsequently, in February 2015 Cabinet had resolved to add Ardleigh Hall Squash and Leisure Club to the list of Assets of Community Value, having taken into account the evidence provided that the site met the criteria set out in Section 88 of the Localism Act 2011.

 

Members were informed that, on 1 February 2018 planning application 16/00878/FUL had been granted for the demolition of all existing buildings forming Ardleigh Hall Leisure and Squash Club and the construction of 7 No. 4 bedroom detached houses and associated garages (the properties) and the diversion of an existing footpath public right of way. The properties were now nearing completion and the owner wished to sell those properties. However, any such attempted sale would trigger a moratorium period as a result of the Asset of Community Value Listing attached to the site and previous buildings which had now been demolished by the owner. The owner had therefore requested a review of the listing asking that their land was now removed from the Asset of Community Value List.

 

Having carefully considered all of the information contained in the report, including the listed reasons for seeking removal of the designation provided by the owner of the site, the statutory provisions of Sections 88, 91 and 92 of the Localism Act and Schedule 2 of the Local Authorities (Functions and Responsibilities) Regulations 2000 (as amended) and the advice of Officers:-

 

It was moved by Councillor G V Guglielmi, seconded by Councillor P B Honeywood and:-

 

RESOLVED that Cabinet –

 

(a)    notes the change in circumstances at the former Ardleigh Hall Squash and      Leisure Club since its decision in January 2015;

 

(b)    agrees that it is not realistic that the original land nominated including the buildings subsequently demolished will further the social well-being or social interests of the local community in the future; and consequently

 

(c)      concludes that the criteria required in Section 88 Localism Act 2011 is no longer satisfied and therefore authorises that the land be now removed from the List of Assets of Community Value.