Issue - meetings

To determine whether Imperial Hall, 75 Pole Barn Lane, Frinton-on-Sea, CO13 9NQ meets 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 Frinton and Walton Heritage Trust. No other criteria are pertinent.

RESOLVED that –

(a)          a decision on this matter be deferred in order to allow further discussions (to be facilitated as necessary by Officers of the Council) to take place between the Frinton & Walton Heritage Trust and the owners of the Imperial Hall in an effort to come to a mutually acceptable position;

(b)          the Corporate Director (Operations & Delivery) be authorised, in consultation with the Portfolio for Partnerships, to make the decision on this matter following the outcome of those discussions referred to in resolution (a) above; and

(c)          the decision referred to in resolution (b) above be subject to the call-in process set out in the Council’s Constitution.

Earlier on in the meeting Councillor Allen had declared a Personal Interest in this matter insofar as he was both a Ward Member and a Parish Councillor for Frinton-on-Sea.

The Cabinet gave consideration to a report of the Partnerships Portfolio Holder (A.5) which sought its determination whether Imperial Hall, 75 Pole Barn Lane, Frinton-on-Sea 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 the Frinton and Walton Heritage Trust. No other criteria were pertinent.

It was reported that a valid nomination to register an asset of community value had been received for Imperial Hall, 75 Pole Barn Lane, Frinton-on-Sea, 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 was 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 not met the criteria as set out in Section 88 of the Localism Act 2011 and that therefore the building should not 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 Stock OBE, seconded by Councillor G V Guglielmi and:-

RESOLVED that –

(a)          a decision on this matter be deferred in order to allow further discussions (to be facilitated as necessary by Officers of the Council) to take place between the Frinton & Walton Heritage Trust and the owners of the Imperial Hall in an effort to come to a mutually acceptable position;

(b)          the Corporate Director (Operations & Delivery) be authorised, in consultation with the Portfolio for Partnerships, to make the decision on this matter following the outcome of those discussions referred to in resolution (a) above; and

(c)          the decision referred to in resolution (b) above be subject to the call-in process set out in the Council’s Constitution.