Agenda item

Report of the Director of Policy, Performance and Communications

7.1      The Environment and Customer Services Policy and Scrutiny Committee had previously received a report on Assets of Community Value (‘ACV)’ in September 2016.  This report provided an update of the position since that time.

7.2      Ezra Wallace, Head of Corporate Policy and Strategy, was in attendance to respond to points and questions raised by the Committee.  The matters raised included the following:

·           Who determined the ACV nominations and how does that compare to other local authorities?  Mr Wallace replied that there were national guidelines about the determination of ACV nominations.  They were very broad in nature.  The Council had taken the view that it would be an officer led process.  Officers determined ACVs in consultation with the relevant Cabinet Member (currently the Cabinet Member for Planning and Public Realm) within the guidelines set out.  Reasons for decisions were publically available.  Mr Wallace added that a written response would be provided to the Committee on the approach of other local authorities.

·           Mr Wallace was asked about the legal fees incurred in respect of ACVs.  He advised that all legal advice had been in house apart from in response to a compensation claim for Prince of Wales Public House in Harrow Road where leave to appeal had been granted to the appellants.  

·           What happens in the event that land or a building is listed as an ACV for approaching five years and the owner does not wish to sell?  Mr Wallace clarified that listing a property as an ACV means that should the owner wish to change the use or demolish the property, there is a moratorium whereby the community has a right to bid to purchase the asset.  It remained a commercial deal so it was up to the owner to decide whether he or she wished to accept the bid.  Mr Wallace also referred to the legislative change with regard to pubs since the last report to the Environment & Customer Services Policy and Scrutiny Committee had been published in September 2016.  The Town and Country Planning (General Permitted Development) (England) (Amendment) (No 2) Order 2017 had come into force.  This removed permitted development rights for the demolition or change of use of pubs (although allowing pubs to change to pubs with additional restaurant use) without a full planning application. 

·           It was acknowledged by all present that due to the legislative change there was less emphasis on the ACV process being required in order to protect pubs.  It had been valuable in protecting the likes of The Clifton Hotel and The Star Public House and The Carlton Tavern was being rebuilt. It was perceived that there was a misunderstanding in terms of the public perception of what ACVs could achieve and what they could not.  There was the potential to better inform the public, including with the Council’s Communications department providing an article on this topic, potentially in the Westminster Reporter.  Mr Wallace advised that further information on ACVs was also available on the Council’s website.

7.3      ACTION: The following actions arose:

·           That a written response be provided to the Committee on the approach of other local authorities to determining ACVs (Artemis Kassi, Policy and Scrutiny Officer).

·           That the Council’s Communications department be asked to provide an article which is publically available on what ACVs are able to achieve and what they are unable to achieve (Artemis Kassi, Policy and Scrutiny Officer).

7.4       RESOLVED: That the Committee noted the contents of the report.