Decision details

E/12/64 Assets of Community Value (Community Right to Bid)

Decision Maker: Executive

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Decisions:

113.1.  Councillor Ellesmere introduced the report and highlighted the requirement for a £20,000 contingency per annum to be built into the budget to cover any potential claims for compensation.

113.2.  In accordance with Executive Procedure Rule 3.7, Councillor Lockington raised the following question:

Q: If the Executive agrees the recommendations at tonight’s meeting, how quickly will the Responsible Officer be able to consider recommendations from the community?

A: Councillor Ellesmere replied that before the report could be put into effect, the call-in period of 5 working days had to elapse.  Assuming that there was no call-in, officers would be able to deal with any representations or community nominations made as soon as they are made by the community in respect of listings in line with the procedure set out in the plan.  A form would be provided for this purpose. Given the Christmas period, the first practical day for submission of a request would be 2 January 2013.  The person requesting listing would be sent an acknowledgement, and in some cases a request for more details, and then the consultation exercise process would be started.  The Act sets an initial time limit of 8 weeks for the decision maker to decide on whether to list or not. There was also an owner’s appeals process which may follow, for which a further 8 weeks was allowed.

 

Resolved:

 

(i)           that the Council’s approach to implementing the list of assets of community value as outlined in section 5 of the report be approved;

(ii)          that Executive authorises the named officers to take the necessary actions and decisions set out in section 5.7 of the report;

Reason: To enable the Council to meet its statutory obligations within the required timescales

(iii)         that the officers referred to in (ii) above consult with Ward Councillors (through the Area Committees where practicable) and the appropriate Portfolio Holder on whether property should be listed as an asset of community value prior to taking any action or decision;

Reason: To enable Councillors to be involved in the listing process

 

(iv)        that the Head of Corporate Services be authorised to devise and conclude the detailed administrative arrangements to meet the terms of the Act in consultation with the Chief Operating Officer and the Head of Resource Management;

Reason: To ensure that the Council has the necessary procedures in place to meet its statutory obligations

 

(v)          that Executive requests the Head of Resource Management to amend the Medium Term Financial Plan to reflect the additional costs and grant income and increase the level of contingency in the General Fund “Additional Commitments” as set out in paragraph 11.3 of the report.

Reason: To facilitate budgetary control and ensure that there is sufficient contingency funding set aside to meet the Council’s statutory obligations

Publication date: 03/01/2013

Date of decision: 18/12/2012

Decided at meeting: 18/12/2012 - Executive

Effective from: 03/01/2013

Accompanying Documents: