Agenda item

To consider nominations for assets of community value.

Councillor Barker presented a report which set out the Council’s duty to maintain the list of land in its area that was land of community value, and which sought the determination of the nominations made, including the determination of re-nominated assets which following their inclusion in 2012 were due to be removed from the list after five years.

Members were asked to determine whether each of the nominated properties referred to was a valid nomination.  The report set out the criteria members needed to consider:  whether the use of the building (currently or in the recent past) furthered the social wellbeing or interests of the community and whether it was realistic to think that in the next five years the building could be used to further the social wellbeing or interests of the community.  In considering those questions, she said members had to consider principal, rather than ancillary, uses of the building.  If members concluded that the answer to these questions was “yes”, a nominated property should be included in the list of assets of community value. 

Councillor Barker went through the nominations, explaining the recommendations and the intention to defer consideration of two of these nominations.  She commended the organiser of the petition in relation to Chalky Meadow, and thanked the other speakers.  

Councillor Barker referred to the properties which she recommended should be accepted for inclusion on the list of assets of community value, for the reasons which she had set out, and which she invited Cabinet to determine.

Regarding the category of nominations which it was recommended should be rejected, Councillor Barker said that in the case of Land adjacent north of Threeways, and south of Limetree Hill, Great Dunmow, there was insufficient evidence to conclude that a primary use of the land furthered the social wellbeing and social interests of the community.  In respect of the Post Office, High Street, Great Dunmow, the Post Office was exempt from listing as it was classed as “operational land” of Post Office Limited.  In respect of St Giles Church, Great Hallingbury, St Mary’s Church, Little Hallingbury, St Margaret of Antioch Parish Church, All Saints Church, Rickling and St Simon and St Jude’s Church, Quendon:  there was legal authority that religious observance was not a use that qualified a building for listing as an asset of community value and there was no clear evidence of another use that was not ancillary that would qualify. 

In respect of Quendon Hall and Parkland, and Quendon Woods, Councillor Barker said the primary use of the Hall as a private wedding venue was not a use of the land which furthered the social wellbeing and social interests of the community, and that there was little or no evidence of any other non-ancillary use that met that requirement; and in respect of the Woods, that there was not sufficient evidence to conclude that a primary use of the land furthered the social wellbeing and social interests of the community. 

Regarding Chalky Meadows and Hop Poles Public House, Great Hallingbury, Councillor Barker recommended that determination of these nominations be delegated to a sub-committee to permit further consideration. 

Councillor Lodge declared an interest in that he was Chairman of the Rickling Ramblers Cricket Pavilion, Rickling Green.  He asked that some corrections to the names of the nominated properties be made to the further paper submitted under any other urgent items, on this item.  Councillor Barker said the correct names were given in the main report and on the consultation.  

Councillor Dean asked a question regarding Dunmow Post Office, in that current use did not seem to preclude it being included in the list. 

The Interim Head of Legal Services said the Post Office came within the definition of operational land and was technically not capable of being listed as an asset of community value under the Localism Act. 

The motion being then put and seconded by Councillor Ranger, it was

RESOLVED

1  To approve the inclusion in the assets of community value list  the following properties: 

·         Broxted Village Hall

·         Great Canfield Cricket Club

·         Great Canfield Village Hall

·         Newton Green Great Dunmow

·         Rowena Davey Centre, Great Dunmow

·         Great Dunmow Maltings

·         Dunmow Community Hub

·         The Former Library Great Dunmow

·         Kings Head, Hadstock

·         Village Recreation Ground, Hadstock

·         Village Green Hadstock

·         Village Hall Hadstock

·         Bluebell Inn Hempstead

·         The Village Green, Hempstead

·         The Bull Public House, Langley

·         The George Public House, Little Hallingbury

·         Little Hallingbury Village Hall

·         Rickling Primary School

·         Rickling Ramblers Cricket Pavilion, Rickling Green

·         The Cricketers Arms, Rickling Green

·         Rickling Green Recreation Association, Rickling

·         Quendon and Rickling Village Hall

·         The Village Fountain, Quendon

2 To reject the nomination of the following properties: 

·         Land adjacent north of Threeways, and south of Limetree Hill, Great Dunmow

·         Post Office, High Street, Great Dunmow

·         St Giles Church, Great Hallingbury

·         St Mary’s Church, Little Hallingbury

·         St Margaret of Antioch Parish Church

·         All Saints Church, Rickling

·         St Simon and St Jude’s Church, Quendon

·         Quendon Hall and Parkland

·         Quendon Woods

3  To defer the determination of the following properties, such determination to be delegated to an Assets of Community Value Sub-Committee, comprising the Leader, the Cabinet Member for Environmental Services and the Cabinet Member for Communities and Partnerships: 

·         Hop Poles Public House, Great Hallingbury

·         Chalky Meadows, Thaxted