Issue - meetings

To determine whether The Anchor Inn, Anchor Lane, Mistley meets the criteria set out in the Localism Act 2011 (“the Act”) and the Assets of Community Value (England) Regulations 2012 (“the Regulations”) following its nomination as an Asset of Community Value by Mistley Parish Council. No other criteria are pertinent.

That The Anchor Inn, 1 Anchor Lane, Harwich Road, Mistley, Essex CO11 1ND does meet the definition of an Asset of Community Value (as set out in Section 88 of the Localism Act 2011) and that therefore the asset be added to the Council’s list of Assets of Community Value.

For the public record Councillor G V Guglielmi reminded Cabinet that the Anchor Inn was located within his Ward. He also confirmed that he had no other Interest in this item.

The Cabinet gave consideration to a report of the Partnerships Portfolio Holder (A.4) which sought its determination whether The Anchor Inn, Mistley met the criteria set out in the Localism Act 2011 and The Assets of Community Value (England) Regulations 2012 following its nomination as an Asset of Community Value by Mistley Parish Council. No other criteria were pertinent.

It was reported that a valid nomination to register an asset of community value had been received from Mistley Parish Council as shown identified in the plan included within Appendix A to the Portfolio Holder’s report.

Members were reminded that if a local authority received a valid nomination, it must determine whether the land or building nominated met the definition of an asset of community value, as set out in Section 88 of the Localism Act 2011 and The Assets of Community Value Regulations 2012.

The Cabinet was further advised that the Government’s non-statutory guidance defined an asset of community value as: “Building or other land whose main (i.e. “non-ancillary”) use furthers the social wellbeing or social interests of the local community, or has recently done so and is likely to do so in the future”.  The Portfolio Holder’s report provided an assessment of the nomination.

The Cabinet therefore were required to consider the content of the nomination against the statutory criteria (and no other factors) and determine whether the asset should be included within the Council’s List of Assets of Community Value.

Taking the evidence provided into account it was the Portfolio Holder’s recommendation that the building nominated did met the criteria as set out Section 88 of the Localism Act 2011 and that the building should be listed as an Asset of Community Value.

Having considered all of the information and advice contained in the Portfolio Holder’s report and its appendices:-

It was moved by Councillor McWilliams, seconded by Councillor G V Guglielmi and:-

RESOLVED that The Anchor Inn, 1 Anchor Lane, Harwich Road, Mistley, Essex CO11 1ND does meet the definition of an Asset of Community Value (as set out in Section 88 of the Localism Act 2011) and that therefore the asset be added to the Council’s list of Assets of Community Value.