Issue - meetings

Head of Law and Governance

Summary

To enable the Executive to consider the implications of the provisions of the Localism Act 2011 in relation to assets of community value and to approve appropriate decision-taking mechanisms to ensure that the statutory requirements can be met.

Recommendations

The Executive is recommended to:

(1)               Note the implications of the provisions of the Localism Act 2011 in relation to the obligation of the Council to maintain a list of assets of community value (‘the List’).

(2)               Delegate authority to the Head of Housing and Regeneration in consultation with the Lead Member for Estates and the Economy to consider and determine nominations for inclusion on the List.

(3)               Delegate authority to the Director of Development in consultation with the Leader of the Council to consider and determine requests from asset owners for review of decisions to include an asset on the List.

(4)               Delegate authority to the Head of Housing and Regeneration in consultation with the Head of Finance and Procurement to consider and determine applications for compensation from asset owners for loss and expense incurred through assets being included on the List.

(5)               Delegate authority to the Director of Development in consultation with the Director of Resources to consider and determine requests for review of compensation determinations from asset owners for loss and expense incurred through assets being included on the List.

Resolved

(1)               That the implications of the provisions of the Localism Act 2011 in relation to the obligation of the Council to maintain a list of assets of community value (‘the List’) be noted.

(2)               That authority be delegated to the Head of Housing and Regeneration, in consultation with the Lead Member for Estates and the Economy, to consider and determine nominations for inclusion on the List.

(3)               That authority be delegated to the Director of Development, in consultation with the Leader of the Council, to consider and determine requests from asset owners for review of decisions to include an asset on the List.

(4)               That authority be delegated to the Head of Housing and Regeneration, in consultation with the Head of Finance and Procurement, to consider and determine applications for compensation from asset owners for loss and expense incurred through assets being included on the List.

(5)               That authority be delegated to the Director of Development, in consultation with the Director of Resources, to consider and determine requests for review of compensation determinations from asset owners for loss and expense incurred through assets being included on the List.

The Head of Law and Governance submitted a report which enabled the Executive to consider the implications of the provisions of the Localism Act 2011 in relation to assets of community value and to approve appropriate decision-taking mechanisms to ensure that the statutory requirements can be met.

Resolved

(1)               That the implications of the provisions of the Localism Act 2011 in relation to the obligation of the Council to maintain a list of assets of community value (‘the List’) be noted.

(2)               That authority be delegated to the Head of Housing and Regeneration, in consultation with the Lead Member for Estates and the Economy, to consider and determine nominations for inclusion on the List.

(3)               That authority be delegated to the Director of Development, in consultation with the Leader of the Council, to consider and determine requests from asset owners for review of decisions to include an asset on the List.

(4)               That authority be delegated to the Head of Housing and Regeneration, in consultation with the Head of Finance and Procurement, to consider and determine applications for compensation from asset owners for loss and expense incurred through assets being included on the List.

(5)               That authority be delegated to the Director of Development, in consultation with the Director of Resources, to consider and determine requests for review of compensation determinations from asset owners for loss and expense incurred through assets being included on the List.

Reasons

To enable the Executive to understand the full implications of the legislation.

To enable determinations in relation to listing and compensation to be dealt with in a timely way in accordance with statutory requirements.

Options

Option One:               To accept the recommendations as set out.

Option Two:               To reserve the relevant decisions to members. Executive could decide that the listing and compensation determinations outlined above should be reserved to members.  However, this is not recommended because of the statutory time limits that are imposed, the fact that determinations will involve a factual assessment applying legislative tests with limited scope for the exercise of discretion, and the need to ensure a separation of roles to accommodate the rights to review.

Option Three:             To delegate authority to officers other than those recommended. Executive could decide that alternative officers to those recommended should be given the necessary delegated authority.  This is not recommended because the responsibility for assets and estates is vested in the Head of Housing and Regeneration and the compensation decisions should be subject to assessment and determination by qualified finance officers.