Agenda item

To determine whether Lady Nelson Playing Field 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 Thorpe Le Soken Parish Council. No other criteria are pertinent.

RESOLVED that Cabinet agrees that the Lady Nelson Playing Field, Frinton Road, Thorpe-le-Soken, CO16 0JD does meet the definition of an Asset of Community Value, as set out in Section 88 of the Localism Act 2011, and that the asset therefore be added to the Council’s list of Assets of Community Value.

Cabinet considered a report of the Partnerships Portfolio Holder (A.9), which sought its determination as to whether the Lady Nelson Playing Field at Thorpe-le-Soken, met the criteria set out in the Localism Act 2011 and the Assets of Community Value (England) Regulations 2012 following its valid nomination as an Asset of Community Value by Thorpe-le-Soken Parish Council. No other criteria were pertinent.

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.

Cabinet was 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.

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

Cabinet was made aware that it had adopted the formal procedure for administering Assets of Community Value in January 2015, when the legislation and the supporting procedures had been new to local government.  The Council had been operating within this procedure for eight years and it was now considered appropriate for a review to be undertaken, taking into account the experiences of past applications, case law around the subject matter, the strict criteria applied in making such determinations, the number of successful community bids and reviews requested.  Cabinet Members had previously expressed informal support for Officers to be provided with the appropriate delegations to enable applications to be determined more speedily within the strict legislative framework.  However, the formal procedure would require amendment and due to the time passed since its adoption, a thorough review of operating procedures was suggested, including how reviews would be undertaken if such decisions were delegated to Officers.

In the light of the fact that - 

(1)   Lady Nelson playing field was the main open space/recreational ground for the village of Thorpe-le-Soken and was used by local residents, sports clubs and community groups throughout the year; and

(2)   the primary use of the land was as the location of the children’s play area (including a skate ramp) for the village and that Thorpe-le-Soken currently had an open space deficit of 2.43 hectares, so this facility was of significant community value.

It was moved by Councillor Placey, seconded by Councillor Barry and:-

RESOLVED that Cabinet agrees that the Lady Nelson Playing Field, Frinton Road, Thorpe-le-Soken, CO16 0JD does meet the definition of an Asset of Community Value, as set out in Section 88 of the Localism Act 2011, and that the asset therefore be added to the Council’s list of Assets of Community Value.