advice if they wish to dispose of the asset. A disposal of listed land which contravenes the Regulations and Act will be ineffective. The owner of the asset does not have to sell the asset to the Community Interest Group. There is also a ‘protected period’ (18 months from the time that the owner notified the local authority of their intention to dispose of the asset) and during this time there can be no further moratoriums on sale and the owner is free to dispose of the property as they see fit. The right to ask for review Asset owners have the opportunity to request a review of the decision to enter an asset on the List of Assets of Community Value, within 8 weeks of listing. The internal review process in relation to listing will be undertaken by a Divisional Director not involved in the initial decision. Landowners wishing to request a review of the decision should do so in writing to the above address or to assets@bathnes.gov.uk by 6th April 2016, setting out the grounds for review and whether they are requesting an oral hearing. Private owners may claim compensation for loss and expense incurred through the asset being listed including a claim arising from a period of delay in entering into a binding agreement to sell which is wholly caused by the interim or full moratorium period. Regulation 14 of the Regulations contains more detail on this. Part 5, Chapter 3 of the Localism Act 2011 and the provide further detailed information. Detailed Assessment of the Nomination of The Inn At Freshford as an Asset of Community Value Assets of Community Value Nomination – Assessment DATE OF SUBMISSION: 16th December 2015 DATE DECISION TO BE MADE BY: 10th February 2016 NOMINATED ASSET: The Inn At Freshford, The Hill, Bath BA2 7WG The boundary of the asset is set out in the boundary map attached as an Appendix NOMINATION SUBMITTED BY: Freshford Parish Council STEP A: This section considers the eligibility of the nominating body to make a nomination and of the asset to be an Asset of Community Value. It does this through a series of YES/NO answers. A1. Is the nominating organisation an eligible body to nominate? Evidence supplied by nominee: Freshford Parish Council Standing Orders
Feedback from other parties and other information gained in relation to this criterion: None Score (YES/NO) and any comments: YES - The Council is satisfied that the nominating body is an eligible body to nominate. A2. Does the nominating body have a connection to the asset nominated? Evidence supplied by nominee: The submitted map that the Asset is sited wholly within the boundaries of Bath and North East Somerset and the Parish of Freshford. Feedback from other parties and other information gained in relation to this criterion None Score (YES/NO) and any comments: YES- The Council is satisfied that the nominating organisation has a local connection to the nominated asset. A3. Does the nomination include the required information about the asset? Description of the nominated land including its proposed boundaries Names of current occupants of the land Names and current or last-known addresses of all those holding a freehold or leasehold estate in the land Evidence supplied by nominee: A plan of the nominated land including proposed boundaries; The names of the current occupants of the nominated asset; The name and address of the current owners of the nominated asset. Feedback from other parties and other information gained in relation to this criterion: None Score (YES/NO) and any comments: YES- the Council is satisfied that the nomination has included the required information about the asset. A4. Is the nominated asset outside of one of the categories that cannot be assets of community value (as set out in Schedule 1 of the Assets of Community Value (England) Regulations 2012): A residence together with land connected with that residence Land in respect of which a site licence is required under Part 1 of the Caravan Sites and Control of Development Act 1960 Operational land as defined in section 263 of the Town and Country Planning Act 1990. Evidence supplied by nominee: Nomination and supporting evidence sufficiently demonstrates that the asset is outside of the categories of assets within Schedule 1 of the Regulations, as the nominated asset is a public house.
Who will lose if the ceases? Enter score out of 25 and rationale 17 - Furthering the social interests of the local community is demonstrated. A higher score may have been achieved had specific numbers of users of the Inn At Freshford been supplied. C2. Is any aspect of the actively discouraged by the Council’s Policy and Budget Framework? Evidence provided by nominee There is no evidence that the usage is actively discouraged by the Council’s Policy and Budget framework and it is not contrary to existing planning policies. Evidence gained from other relevant sources (owner, Ward member, Parish Council, B&NES Council) None Enter score out of 25 and rationale 25 - No active discouragement by the Council’s Policy and Budget Framework has been identified. C3. Why is the usage seen as having social value in the context of the community on whose behalf the nomination is being made? Evidence provided by nominee The nomination states that The Inn At Freshford is the one remaining public house in the village. It is considered that public houses of this type encourage friendships, conversation and the mixing of classes and generations. It further states that the Inn has served the community for some 300 years, and that for many years the Inn has been recognised as a key village facility, and its beautiful location has made it an ever popular destination for local people and for many visitors and tourists to the area. All these factors contribute to a sense of local identity. Evidence gained from other relevant sources (owner, Ward member, Parish Council, B&NES Council) In their letter dated 20th January 2016, the owners acknowledge that the Inn is the only public house in the village. Enter score out of 25 and rationale 15 - The nomination emphasises the uniqueness of The Inn At Freshford in the area. However, additional evidence may have attracted a higher score.
If the building is not considered to remain fit for purpose under D1, then an additional Test (under D2 below) will be applied to determine whether the asset could be made fit for purpose practically and within reasonable resource requirements and within timescales. The timescales to be applied for this to take place for assets with “recent usage” will be “within the next five years”. D1. Has the building/land-take/space/legal requirement for this usage changed significantly since its initial use so that the asset is not fit for purpose? Evidence supplied by nominee: No. The nomination states that the asset has been trading as a public house for over 300 years and continues to trade currently. The owners state that their intention is to ‘improve on what is already in place including the recently permitted 8 bedroom B&B rooms which will revive the Inn, improve footfall, provide accommodation for tourists and therefore [improve] sales for and the local economy’. Feedback from other parties and other information gained in relation to this criterion: None (YES/NO) and rationale NO – the asset currently functions as a pub, and it is realistic to believe that it will continue to do so in the near future. If No to D1, place on register of Assets of Community Value, and do not go to D2. If Yes to D1, go to D2. D2. Could the asset be made fit for purpose practically and within reasonable resource requirements and within timescales? Evidence supplied by nominee: Not applicable Feedback from other parties and other information gained in relation to this criteria: Not applicable Score (YES/NO) and Rationale: Not applicable If yes to D2, place on register of Assets of Community Value. If no to D2, place on list of unsuccessful nominations. RECOMMENDATION: THAT THIS ASSET BE PLACED ON THE ASSETS OF COMMUNITY VALUE REASON FOR DECISION (1) a) The Asset lies within the administrative boundaries of Bath & North East Somerset and Bathavon South Ward. b) Freshford Parish Council is entitled under 89(2)(b)(i) of the Act to make a community nomination in respect of the Asset