URL: https://democracy.middevon.gov.uk/ieDecisionDetails.aspx?ID=1395

Decision Maker: Cabinet

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: The Cabinet had before it a report * from the Deputy Chief Executive (S151) seeking approval for the adoption of a Community Asset Transfer (CAT) Policy to provide a clear, consistent framework for transferring appropriate Council owned assets to community organisations.   The Cabinet Member for Housing, Assets and Property Services outlined the contents of the report with particular reference to the following:   The purpose of the policy was to provide a clear, transparent and consistent framework for how the Council considered requests from community organisations to take on Council owned land or buildings, where doing so could deliver clear social, economic or environmental benefits. A number of requests had been received from Town and Parish Councils in particular and many other district Councils already operated a formal Community Asset Transfer Policy. Introducing one now gave clarity both to communities and to Members, ensuring decisions were taken on a fair and consistent basis, and helped manage financial, legal and operational risk. The policy was focused primarily on assets held for community use. It sets out which organisations were eligible and the assessment criteria that would be applied, including the safeguards that would be built into any transfer. It also aligned with the Council’s Corporate Plan, Asset Management Plan and climate objectives. Given the context of Local Government Reorganisation, the policy also set a clear and time limited process to ensure that communities had an equal opportunity to come forward with proposals. The key point to emphasise was that the policy itself did not commit the Council to transferring any assets. Each proposal would still be considered on its own merits and brought forward through the appropriate governance route. The Leader asked for the report to be amended before Council. Paragraph 4.4.3 would read as ‘All proposals will be considered by the appropriate options across finance, legal and other relevant services. Approval of any transfer under £50,000 to be delegated to the Corporate Strategic Asset Management Group (CSAG), which included the Cabinet Member for Housing Assets and Property Services and the Cabinet Member for Governance, Finance and Risk. Above £50,000 will go via Cabinet for a decision’. This was in the financial regulations document. The report to Council would include any assets recorded on the quarterly financial update.   Discussion took place with regards to:   Concerns were raised about governance, risk management, and alignment with Policy Development Group (PDG) and Asset Management Strategy. It was explained the policy formalised an approach already in use for several years. How financial and borrowing risks were managed, particularly where assets might be transferred below best consideration? It was explained that decisions followed extensive engagement with Town and Parish Councils, and were assessed case by case and significant decisions would return to Cabinet. Concerns were raised that a single, time-limited application window could be unfair. It was explained the date would follow Town and Parish engagement, it was not a fixed cut-off, and ongoing dialogue would continue, with Cabinet oversight retained for major decisions. Clarification was sought regarding the delegated authority referred to in the report. It was confirmed this would depend on the value of the asset. Clarification about leasehold and freehold transfers and associated risks was also sought. It was explained this would depend on the asset type and ownership, with existing agreements honoured where applicable.   RECOMMENDED to Council that the Community Asset Transfer Policy be APPROVED.   (Proposed by Cllr J Lock and seconded by Cllr J Downes)   Reason for Decision: There was no direct risk arising from this policy. However, it was possible that any asset transferred may fall into disrepair or be used for a different purpose. The legal agreement would prevent this and enable the Council (or its successor) to take action to rectify it should this happen.   Note: (i)              * Report previously circulated. (ii)             Cllr J Buczkowski declared he was a Member of Cullompton Town Council. (iii)           An adjournment took place and the meeting resumed at 18.25pm.  

Date of Decision: April 7, 2026