Document 12927190

advertisement

Agenda Item No______13______

COMMUNITY ASSET TRANSFER POLICY

Summary: The draft Community Asset Transfer Policy was submitted to Cabinet on the 14 th

May 2012 as a means of the Council responding to requests from community groups wishing to take over the Council’s assets. The

Policy was also considered at the Overview and

Scrutiny Committee meeting on the 23 rd

May which agreed to Cabinet’s resolution of approving the draft policy as a basis of consultation with relevant community groups, parish and town councils, together with considering support for capacity building and posttransfer care.

The consultation period closed on the 20 th

July 2012

Conclusions: with eight returns having been received. A copy of the amended draft policy and the consultation returns are attached under appendix A and B respectively.

The Policy should be amended to reflect observations made by the Asset management board, together with the Right to Bid and Right to Challenge provisions under the Localism Act 2011.

Recommendations: For the Overview and Scrutiny Committee to approve the return of the amended draft Policy to

Cabinet following the consultation responses received.

Cabinet Member(s) All Ward(s) affected All

Contact Officer, telephone number and email: Martin Green 01263 516049

Martin.green@north-norfolk.gov.uk

1. Introduction

1.1 The Localism agenda has generated interest by Third Sector Organisations

(TSO’s) which may seek to succeed the management of community assets, including land and buildings currently held in public ownership. This draft

Policy is set to provide a framework to manage and enable the transfer of

Council assets to such groups, setting down criteria for doing so. The Policy acknowledges the distinctions and specific criteria of the Community Right to

Buy and Right to Challenge Provisions as set out in regulations emanating from the Localism Act 2011.

1.2 The Council’s Corporate Plan includes the priority “to embrace the

Government’s Localism agenda to empower individuals and

communities to

take more responsibility for their own futures and to build a stronger civic society.” The Annual Action Plan states that “we will establish a protocol and put in place the means to respond positively to requests from Town and

Parish Councils to share in the benefits of growth” and “subject to guidance, we will assess expressions of interest from voluntary or community groups who wish to take over the running of a service and/or community asset, and complete the initial assessment within three months of receiving the request.”

This policy provides an important means by which communities may take over the running of services within their area/communities and to ensure that in this process, address the property asset element of these actions.

2. The Community Asset Transfer Policy

2.1 The proposed policy document can be found in Appendix A. It sets out a procedure to follow in the determination of requests for the transfer of

NNDC’s assets.

2.2 The Asset Management Board considered a draft of this policy on the 12

March 2012, when it was proposed that a period of consultation take place with community groups, parish and town councils. The policy was presented before Cabinet on the 14 May 2012 and the Overview and Scrutiny

Committee on the 23 May 2012, with observations in respect of capacity building and post transfer monitoring being taken into consideration.

2.3 The consultation period was both web-based together with letters being sent to interested community groups. The consultation period closed on the 20

July 2012 with eight responses being received (from a mix of Parish and

Town Councils) – attached as Appendix B. These responses were considered at the Asset Management Board meeting of the 30 July 2012 where there was agreement to take an amended policy forward for Cabinet and Full

Council. The responses varied with enquiries being made regarding a local list of the District Councils assets within individual areas to that of welcoming the principle of the policy.

3. Implications and Risks

3.1 The adoption of a Community Asset Transfer policy with clear procedural guidelines should reduce the council’s corporate risk, as greater clarity will be provided to applicants, members and staff.

3.2 For those assets transferred, following this policy, the legal responsibility for assets will become that of the transferee whether by freehold transfer or long lease, in respect of maintenance and legislative responsibilities.

4. Financial Implications and Risks

4.1 The adoption of the policy should have no financial implications. The financial implications of acquisitions or disposals will be considered on a case by case basis with reference to the Asset Management Board at all stages and

Cabinet when making decisions on individual cases. The policy does relate to

disposals at less than best consideration for which there will be financial implications for the council.

5. Equality and Diversity Implications

5.1 No equality and diversity implications have been identified in adopting this policy.

6. Sustainability

6.1 It is hoped that the transfer of buildings into community ownership and management will ensure that buildings are used sustainably.

7. Section 17 Crime and Disorder considerations

7.1 No section 17 crime and disorder considerations have been identified in

adopting this policy.

Download