Issue - meetings

To determine whether the Allotments at Wivenhoe Road, Alresford meet 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 Alresford Parish Council. No other criteria are pertinent.

RESOLVED that The Allotments at Wivenhoe Road, Alresford, Essex CO7 8AQ do 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.

Earlier on in the meeting, under Minute 165 above, Councillor Scott had declared a personal interest in this item insofar as he was both a local Ward Member and a Member of Alresford Parish Council.

During the consideration of this item by Cabinet, Councillor I J Henderson also declared a personal interest in relation to a question that he asked about the legal status of allotments in general and, in particular, those within the Harwich and Dovercourt area insofar as he was both a local Ward Member and a Member of Harwich Town Council.

The Cabinet gave consideration to a report of the Partnerships Portfolio Holder (A.5) which sought its determination whether The Allotments at Wivenhoe Road, Alresford 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 Alresford Parish Council. No other criteria were pertinent.

It was reported that a valid nomination to register an asset of community value had been received for The Allotments at Wivenhoe Road, Alresford, 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 land nominated did met the criteria as set out Section 88 of the Localism Act 2011 and that the land 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 appendix:-

It was moved by Councillor McWilliams, seconded by Councillor Stock OBE and:-

RESOLVED that The Allotments at Wivenhoe Road, Alresford, Essex CO7 8AQ do 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.