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Blythe Bridge Former Police Station and Car Park, Uttoxeter Road, Blythe Bridge, Stoke on Trent, Staffordshire

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Blythe Bridge Former Police Station and Car Park, Uttoxeter Road, Blythe Bridge, Stoke on Trent, Staffordshire STAFFORDSHIRE MOORLANDS DISTRICT COUNCIL Delegated Decision Ref. 2020/02 22 April 2020 TITLE: Community Right To Bid – Nomination of a Community Asset (Blythe Bridge Former Police Station and Car Park, Uttoxeter Road, Blythe Bridge, Stoke On Trent, Staffordshire. ST11 9JR) PORTFOLIO HOLDER: Councillor Mike Bowen (Communities) CONTACT OFFICER: Mark Forrester, Democratic & Community Services Manager WARDS INVOLVED: Forsbrook Appendices Attached – Appendix 1: Assets of Community Value Assessment Form. Appendix 2: – Blythe Bridge Former Police Station and Car Park, Uttoxeter Road, Blythe Bridge, Stoke-on-Trent, Staffordshire. ST11 9JR Location Plan 1. Reason for the Report: The District Council has received a nomination for the Blythe Bridge Former Police Station and Car Park, Uttoxeter Road, Blythe Bridge, Stoke-on-Trent, Staffordshire ST11 9JR to be registered as an asset of community value in accordance with the Council’s policy. 2. Recommendation 2.1 To approve the listing of the Blythe Bridge Former Police Station and Car Park, Uttoxeter Road, Blythe Bridge, Stoke-on-Trent, Staffordshire ST11 9JR as an asset of community value (as denoted by the hatched area in the attached site plan at Appendix 2). 3. Executive Summary 3.1 Forsbrook Parish Council has made a nomination under the Localism Act 2011 (Community Right to Bid) for Blythe Bridge Former Police Station and Car Park, Uttoxeter Road, Blythe Bridge, Stoke-on-Trent, Staffordshire ST11 9JR to be listed by the Council as an asset of community value. 3.2 Officers, following the Council’s Policy, have assessed the application using the agreed criteria (Appendix 1: Assets of Community Value Assessment Form). 4. How this report links to Corporate Priorities 4.1 The Community Rights measures in the Localism Act 2011 have the potential to support the delivery of the Council’s Corporate Aims and Priorities. 5. Options and Analysis 5.1 That the nomination is approved (Recommended). 5.2 That the nomination is not approved. 6. Implications 6.1 Community Safety - (Crime and Disorder Act 1998) No implications. 6.2 Workforce No implications. 6.3 Equality and Diversity/Equality Impact Assessment No implications. 6.4 Financial Considerations No implications directly arising, however, paragraph 6.8 below confirms the risk of a claim for costs arising from the decision to list the property. 6.5 Legal The Council is required under the Localism Act 2011 to consider nominations from eligible organisations to register land/property as an asset of community value. The Council has a Community Right to Bid Policy (approved in June 2018) which sets out the process the Council will follow. 6.6 Sustainability No implications. 8.8 6.7 Internal and External Consultation No implications. The owner was given the opportunity to comment on the application and has raised objections to listing which are detailed below at paragraph 7.3. 6.8 Risk Assessment Owners of properties listed by the Council can appeal the decision of the Council to list their property as an asset of community value and if successful recover their costs. Representations made on behalf of the owner by Staffordshire Legal Services confirm the potential for such action to be taken if the property is listed. 7. Background and Detail 7.1 On 28th January 2020, the Council received a nomination form to list the Blythe Bridge Former Police Station, Secure Houses and Car Park 285 – 291Uttoxeter Road, Blythe Bridge, Stoke-on-Trent, Staffordshire ST11 9JR from Forsbrook Parish Council as an asset of community value under the Community Right to Bid measure of the Localism Act 2011 (Part 5. Chapter 3: Assets of Community Value). A previous nomination received on 23rd July 2019 had been withdrawn by the same nominating organisation. 7.2 The land and buildings are identified on the attached map (Appendix 2, denoted by the hatched area). 7.3 Objections to the listing of the property have been made on behalf of the owner by their legal representatives Staffordshire Legal Services. These are summarised below: 7.3.1 There is no current public right to use the car park and measures are being taken to prevent such use. 7.3.2 There is no/insufficient detail about groups who want to use the building and funding available for such use. 7.3.3 Planning permission would be required for a change of use. 7.3.4 There are other buildings in the area available for community use. 7.3.5 The division of the site would limit the potential future use and community benefit of that part of the site which is not nominated as an Asset of Community Value. 7.3.6 The site is currently for sale on the open market with bids expected. A moratorium period granted as a result of a successful nomination to be listed would result in increased costs to the current owner (a public body) and a possible financial loss. 7.4 Taking the objections above in turn: 7.4.1 The car park is ancillary to the main use of the building. Previous case law in relation to listing land as an asset of community value has established that community benefit derived from a use does not have to be based on there having been a public right of access to the use of that land. 7.4.2 The nomination has been submitted by a public body (the Parish Council) with specific knowledge of the area and established relationships with key local organisations (both school and library are mentioned). It is considered that the Parish Council has sufficient knowledge of community needs and potential use of the building to be considered credible in this matter. 7.4.3 It is not assumed that the community use envisaged would be an obstacle to planning permission being granted for a change of use if required. 7.4.4 There are other buildings in community use. The Parish Council, in making its submission, believes these are not sufficient and that the central location of this building (the Police Post) is an important factor. 7.4.5 It is not possible to evaluate the comparative community benefit from the sale of the whole property for an undetermined use (which itself may or may not require planning permission for a change of use) with the community benefit derived from the division of the site into that identified as an Asset of Community Value (as envisaged by the Parish Council) and the remainder. The Localism Act does not require that determination to be made. 7.4.6 A successful listing as an Asset of Community Value may result in a moratorium and consequent financial loss for the current owner but that would be for determination should it occur at that time and is not of itself a reason for refusing a nomination. 7.5 Officers have assessed the nomination ( see Appendix 1) and confirmed: 1. Forsbrook Parish Council is eligible to make the nomination. 2. The property is not exempt from listing. 3. The property has been demonstrated to have been used (and in the recent past) to further the social well-being and social interests of the local community (as defined by the Localism Act 2011) and current car park use is ancillary. 4. It is realistic to think that the building and car park can be used in a way which will further the social well-being and social interests of the community within the next 5 years. 7.6 Accordingly the Council’s Officers have assessed that the criteria for listing has been met and recommend that the Blythe Bridge Former Police Station and Car Park, Uttoxeter Road, Blythe Bridge, Stoke-on-Trent, Staffordshire ST11 9JR should be listed as an asset of community value. Mark Trillo Executive Director & Monitoring Officer Web Links and Location Contact details Background Papers Democratic Services Sally Hampton Moorlands House Member & Community Support Leek Services Officer [email protected]. uk 01538 395429.
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