Agenda item

The Deputy Chief Executive to submit a report to Members to review and approve Melton Borough Councils updated policy regarding Assets of Community Value.

The Deputy Chief Executive submitted a report to Members seeking to review and approve an updated policy regarding Assets of Community Value (ACV).

The Deputy Chief Executive explained to Members how Melton Borough Council needs to have a better policy framework in place for dealing with ACV nominations due to multiple nominations and appeals being received since the legislation came into effect from 21^st September 2012.

Attention was drawn to the existing process on Page 11 of the Agenda Pack and the proposed process on Pages 35/36 of the Pack. For ease of reference single sheet copies of these two processes were circulated at the meeting so that they could be compared against each other. The Community Policy Officer then highlighted all of the proposed changes to the process. It was specifically highlighted that when a nomination is received the decision is no longer undertaken solely by the Head of Communities and Neighbourhoods but by an ‘ACV Panel’, consisting of Community Policy Officer, Local Planning Officer and the Housing, Welfare and Safer Communities Manager.

It was further highlighted that when an appeal review is received from an owner, as per Appendix B, the review would be carried out by a Director within MBC and not by the CSA Committee.

Members raised concerns that there would be no Member involvement, that any local concerns would not be considered and that they would not have an opportunity to input any community interest and showed concern about the legal implications. Members were reminded that through this report they were being asked to approve a new policy framework, which included at pages 37/38 of the Pack some examples of the kind of things that might contribute to furthering the social wellbeing or social interests of the local community. It was pointed out that this was not an exhaustive list and members could add to it or take away from it if they wished.

The Deputy Chief Executive advised that the Council needed to recognise and work within the legislation and that research by officers of what was in place at other councils had not identified any other examples similar to our existing process. If Members wanted to be involved at any stage of the decision making then training would be needed.

It was suggested by members that relevant Ward Councillors could be included in the process when the initial nomination is received through being invited to make comments and provide any relevant local information for officers to consider, without the need to be formally trained. The Principal Solicitor advised that the process could be changed to include Members in the way suggested.

The Chair sought a proposer and seconder to move this. All Members were in favour.

RESOLVED THAT

1.    The updated Policy Framework and Nomination, Assessment and Appeal Process for Assets of Community Value, as shown in Appendix B, be approved, subject to an amendment to seek the comments/views of Ward Councillors at the time when nominations for new ACV’s are received for consideration by officers.