Issue - meetings

To consider the report of the Portfolio Holder for Assets and Property.

That the revised policy and processes for assessing and determining Community Asset Transfer applications be agreed subject to the following recommendations from the Place and Resources Overview Committee of 23 January 2024:

a)      That the requirement for an organisation to provide free access to the asset to Dorset Council following transfer, be removed.

b)      That relevant ward councillors are consulted on an asset transfer application, after an expression of interest is confirmed as valid.
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c)      That a mechanism for the appropriate councillor involvement in the community asset transfer policy decision-making process be explored.

d)      That Dorset Council provides relevant information held in respect of an asset, to an organisation as part of the asset transfer process.

The Portfolio Holder for Assets and Property set out the report and the refreshed Community Asset Transfer Policy.  He reported also that the policy had been considered by the Place and Resources Overview Committee of 23 January 2024.

The Portfolio Holder referred to the amendment put by the overview committee as set out in recommendation (c) and proposed the adoption of (a) to (d) including the amendments put by the overview committee.  The recommendation as amended was seconded by Cllr R Bryan.

In a response to a question, the Portfolio Holder advised that all councillors could include this information in their monthly report to their parishes. In response to a further question, the Portfolio Holder confirmed that policy should be reviewed by the appropriate scrutiny committee at some point during the lifetime of the policy.

Decision

That the revised policy and processes for assessing and determining Community Asset Transfer applications be agreed subject to the following recommendations from the Place and Resources Overview Committee of 23 January 2024:

(a)    That the requirement for an organisation to provide free access to the asset to Dorset Council following transfer, be removed.

(b)    That relevant ward councillors are consulted on an asset transfer application, after an expression of interest is confirmed as valid.
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(c)    That a mechanism for the appropriate councillor involvement in the community asset transfer policy decision-making process be explored.

(d)    That Dorset Council provides relevant information held in respect of an asset, to an organisation as part of the asset transfer process.

Reason for the decision

To enable the Community Asset Transfer applications to be assessed and governed in line with other property/asset decisions and as part of the emerging Strategic Asset Management Plan (SAMP).

Provide transparency on the assessment of Community Asset Transfer applications.

Introduce a refreshed and more agile two-stage process, (Expression of Interest (EOI) and Business Case), to allow applicants to assess against a set of pre-set criteria if an asset was potentially suitable for Community Asset Transfer in advance of writing a full business case.

To consider a report of the Service Manager Business Operations.

The committee received and considered a report of the Service Manager Business Operations with regard to a review of the Dorset Council Community Asset Transfer Policy. The policy sought to recognise and maximise the benefit of devolution of assets to local communities, particularly to town and parish councils and provide clear guidance and support for applicants.

Councillors considered the issues arising from the report and during discussion, points were raised in the following areas:

·       The need for an appropriate councillor to have oversight and input on the decisions to transfer assets to the community

·       A request was made for an additional step in the process to invite ward councillors to comment on applications (once an expression of interest had been confirmed) rather than just being informed

·       The Monitoring Officer noted the importance of the proposed consultation role for ward councillors and confirmed that formal decision making was the responsibility of the relevant portfolio holder or officer with delegated powers

·       Recognition that some wards had more than one ward councillor which would need to be taken account of within the process

·       A discussion around the condition of an asset upon transfer and responsibility for undertaking a structural survey, which had to be the responsibility of the applicant organisation, with the council ensuring the organisation sought appropriate advice

·       The committee opposed the proposal that the council in transferring an asset should retain the right to use the asset at no cost and asked that this should be reviewed

·       Resources available for the process

·       An officer discussion would take place on the timing for the implementation of the policy in case of any concerns about an implementation during the sensitive pre-election period

·       A discussion was held around the risks and liabilities of the asset transfer process

·       Councillors did not agree that a charge should be made to applicants for the expression of interest stage.

The Chairman summed up the recommendations of the committee as set out below.

Recommendation to Cabinet

That the revised policy and processes for assessing and determining Community Asset Transfer applications be agreed subject to the following recommendations from the Place and Resources Overview Committee:

a)    That the requirement for an organisation to provide free access to the asset to Dorset Council following transfer, be removed

b)    That relevant ward councillors are consulted on an asset transfer application, after an expression of interest is confirmed as valid

c)    That a mechanism for the appropriate councillor involvement in the community asset transfer policy decision-making process be explored

d)    That Dorset Council provides relevant information held in respect of an asset, to an organisation as part of the asset transfer process.