Localism Act 2011
Meeting: 18/06/2013 - Cabinet (Item 45)
Report of Mark Kiddle-Morris, Executive Member for Assets & Strategic Development.
- Appendix A - Process Proposal_Localism, item 45 PDF 74 KB
- Appendix B - Implementaion Plan_Localism, item 45 PDF 101 KB
- Appendix C - Nomination form b_Localism, item 45 PDF 88 KB
The Executive Member for Assets & Strategic Development presented the report that updated Members on the work undertaken thus far that ensured the Council’s full compliance with the Act. The report also sought Members’ agreement to introduce a Community Asset Register in line with the aforementioned legislation.
The Localism Act introduced the Community Right to Bid. This allowed communities to nominate buildings and land that they considered of value to the community, to be included on a local authority maintained list - the Community Asset Register. If any of these assets were put up for sale, the community then had a window of opportunity to express an interest in purchasing the asset, and another window of opportunity to bid.
The Executive Member for Assets & Strategic Development said that it was quite a long process to go through and made reference to the Community Asset Register process attached at appendix 1 of the report. He then highlighted the recommendations, one of which was to establish a Community Assets Register and the other to agree a policy of no compensation payments. The reason for such a policy was explained and for clarification purposes he felt that paragraph 4.2 of the report should be included in the first recommendation.
Councillor Sharpe knew that the right of appeal by a landowner would be to Breckland Council but in the Act it stated that an appeal was linked to an individual tier tribunal. He asked when this process applied. In response, Members were informed that a tier tribunal was part of a two stage court process, the first being the appeal to the Council and the second being part of the court system. Councillor Sharpe asked if a community registered a building, was it the actual building they would be registering or the use. In terms of the regulations, the Joint Deputy Planning Manager explained that any land or buildings could be added to the register with exemptions. If it was a building or a piece of land that had community value and was, for example, changed from a public house to another use, it would still have to have the same community value; in other words, it was the use that was registered and not the building.
The Chairman asked if a change of use to a building was applied would it then trigger the community right to bid. The Joint Deputy Planning Manager explained that some change of use did not require planning permission but if a building had been included on a community register it would not preclude the planning process if a change of use was submitted but it would have to be taken into consideration.
The Executive Member for Internal Services stated that Breckland Council operated a policy against change of use over a period of time to allow such uses to be protected for the community. He gave an example of what was happening in Rocklands in relation to the White Hart Association that was intent in purchasing the White ... view the full minutes text for item 45