Decision Maker: Portfolio Holder for Communities & Facilities
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
Asset of Community Value Decision
a) That the building be not listed for the following reasons:
it is considered that the future test has not been met - the nominator wishes to purchase the building but whilst the poor financial viability of an existing business is not generally sufficient to resist listing, and whilst there is no requirement for a full business plan to be submitted in order for a nomination to succeed, the nomination should show that the prospect is more than "mere speculation". This is a building of significant size which will require significant maintenance and repair. According to the website the nominator does not currently own any land or buildings and whilst there are currently 5 trustees and 55 volunteers there is no evidence that any of those trustees and volunteers has the relevant experience to undertake such a project. There is also currently insufficient evidence that the nominator could fund the purchase and arising from this, in addition to the fact that the nominator did not approach the owner when the property was recently marketed, it is felt that this test has not been met.
b) That the building be added to the Council’s register of unsuccessful nominations.
Based on the information provided in the nomination it is considered that the asset does not meets the legal tests set out in Section 88 of the Localism Act 2011
To do nothing. This is not a viable option as the Council is required to determine the nomination in accordance with the Localism Act 2011.
To accept the nomination. This is not considered appropriate as it is not felt that the legal tests have been met.
Wards Affected: Crowland and Deeping St Nicholas;
Conflict of Interest: None
Dispensation Granted: None
Contact: Jessica Horn, Community Development Officer Email: JHorn@sholland.gov.uk Tel: 01775764868.
Publication date: 21/07/2021
Date of decision: 21/07/2021
Effective from: 29/07/2021