Purpose

To consider options for enabling an enhanced
approach for bringing forward opportunities for use of assets to
provide benefits to the borough and its communities.

Decision

RESOLVED that
Executive agreed:
 

Motion to Council regarding establishing a Community Asset Transfer
Policy

 
(i)            
To note the motion to Council on 22 July 2025 regarding
establishing a Community Asset Transfer Policy and that the actions
already recommended by this report include actions which
substantially encompass its proposals.
 

Acquisition of residential properties
 
(ii)          
That the Head of Service with responsibility for Housing and
Intervention be authorised, in consultation with the Executive
Members with responsibility for Assets and Housing, the Chief
Financial Officer and Monitoring Officer, to undertake all
necessary actions to secure the purchase, refurbishment, management
and maintenance of market-sale residential properties and street
properties, for the purpose of providing affordable rented homes
including social rent, affordable rent, temporary and/or emergency
housing.
 
a. Recommend that the Head
of Service with responsibility for Housing and Intervention be
authorised, in consultation with the Executive Members with
responsibility for Assets and Housing, and Chief Financial Officer,
to use funding from the Housing Delivery and Community Assets
Reserve for this purpose, subject to a robust business case
demonstrating best value.
 
b. That the Head of
Service with responsibility for Housing and Intervention be
authorised, in consultation with the Executive Members with
responsibility for Assets and Housing, Chief Financial Officer,
Procurement Manager and Monitoring Officer, to procure and appoint
consultants, suppliers, and building contractors, and enter into
contracts, as required for this purpose.
 
c. That the Monitoring
Officer, on the instruction of the Head of Service with
responsibility for Housing and Intervention be authorised, in
consultation with the Executive Members with responsibility for
Assets and Housing, and Chief Financial Officer, to procure and
appoint solicitors, and enter into contracts as necessary, to
undertake conveyancing and complete property purchases, including
applications to HMLR (His Majesty’s Land Registry) to
register properties and submission of the SDLT (Stamp Duty Land
Tax) return paperwork to HMRC (His Majesty’s Revenue and
Customs), as required for this purpose.
 
d. That the Head of
Service with responsibility for Housing and Intervention be
authorised, in consultation with the Executive Member with
responsibility for Housing and the Chief Financial Officer, to
apply, where available and appropriate, to Homes England, the
Ministry of Housing, Communities and Local Government, or other UK
governmental or public sector bodies for additional funding, and to
use any such funding to increase the budgetary envelope and support
the implementation of actions for this purpose.
 
(iii) That the Head
of Service with responsibility for Housing and Intervention be
authorised, in consultation with the Executive Members with
responsibility for Assets and Housing, the Chief Financial Officer
and the Monitoring Officer, to undertake all necessary actions to
acquire and let suitable new-build housing units, for the purpose
of providing affordable rented homes, including social rent,
affordable rent, temporary and/or emergency housing, and delivering
community benefits.
 
a. Recommend that
the Head of Service with responsibility for Housing and
Intervention be authorised, in consultation with the Executive
Members with responsibility for Assets and Housing, and Chief
Financial Officer, to use funding from the Housing Delivery and
Community Assets Reserve for this purpose, subject to a robust
business case demonstrating best value.
 
b. That the
Monitoring Officer on the instruction of the Head of Service with
responsibility for Housing and Intervention be authorised, in
consultation with the Executive Members with responsibility for
Assets and Housing, and the Chief Financial Officer, to procure and
appoint solicitors, and enter into contracts as necessary, to
negotiate with developers and agree all terms of acquisition for
new-build properties, such as blocks of flats; to undertake legal
due diligence and conveyancing; to ensure the Council obtains good
and marketable title; and to complete any associated actions,
including applications to HMLR to register properties and
submission of the SDLT return paperwork to HMRC, as required for
this purpose.
 
c. That the Head of
Service with responsibility for Housing and Intervention be
authorised, in consultation with the Executive Members with
responsibility for Assets and Housing, Procurement Manager and the
Monitoring Officer, to procure and appoint consultants or
surveyors, and enter into contracts as necessary, to secure all
required surveys, valuations, planning consents, quotations, and
tenders, as required for this purpose.
 
d. That the Head of
Service with responsibility for Housing and Intervention be
authorised, in consultation with the Executive Member with
responsibility for Assets and Procurement Manager, to procure and
appoint consultants, and enter into contracts as necessary, to
provide specialist advice or support in relation to inspections,
negotiations, and other professional functions required before and
after acquisition, as required for this purpose.
 
e. That the Head of
Service with responsibility for Housing and Intervention be
authorised, in consultation with the Executive Member with
responsibility for Assets, Procurement Manager and Head of Service
with responsibility for Property Services, to procure and appoint
building services contractors, and enter into contracts as required
to undertake any necessary remediation works to ensure acquired
units are ready to let, as required for this purpose.
 
f. That the Head of
Service with responsibility for Housing and Intervention be
authorised, in consultation with the Executive Member with
responsibility for Housing and Chief Financial Officer, to apply,
where available and appropriate, to Homes England, the Ministry of
Housing, Communities and Local Government, or other UK governmental
or public sector bodies for additional funding, and to use any such
funding to increase the budgetary envelope and support the
implementation of actions for this purpose.
 

Development pipeline mobilisation
 
(iv) That the Head
of Service with responsibility for Place Delivery, in consultation
with the Executive Members with responsibility for Assets and for
Place, Procurement Manager and the Monitoring Officer, be
authorised, for the purpose of progressing key preparatory
activities for delivery of development of Council sites which
support the Council’s priorities regarding thriving
communities and support for those in need:
 
a. On instruction to
the Monitoring Officer to carry out the procurement and appointment
of solicitors, and enter into contracts as necessary, to carry out
legal due diligence in relation to potential development sites,
including review of land titles, access arrangements, easements,
covenants, and other legal constraints
 
b. To procure and
appoint consultants, including surveyors, architects, engineers,
and other specialists, and enter into contracts as necessary to
obtain all required surveys, reports, and design work.
 
c. To carry out all
necessary actions to comply with planning requirements, including
the preparation and submission of planning applications, and to
procure and appoint specialist advice as needed.
 

Community asset transfers and support scheme
 
(v) That the
Executive approve that the key principles for the Community Asset
Transfer Policy be that community asset transfers will:
 
a. Provide clear and
achievable benefits to the community and not be for primarily
commercial purposes.
b. Align with
Council’s Corporate Plan priorities and the objectives of its
Asset Management Plan and Environmental Sustainability
Strategy.
c. Require a robust
business plan for the continued operation of the asset, with
sustainable management and governance arrangements.
d. Reflect the
nature and capacity of the applicant and any necessary associated
considerations.
e. Not take place
for assets which are required for delivery of key Council services
or Corporate Plan Priorities, or which generate significant net
income which supports the Council’s financial
sustainability.
 
(vi) That the Head
of Service with responsibility for Property Services, in
consultation with the Head of Service with responsibility for
Community Partnerships, the Executive Members with responsibility
for Assets and Community Development, and the Monitoring Officer,
be authorised to finalise Council’s Community Asset Transfer
Policy, in line with the principles set out in recommendation (v)
to the Executive in this report.
 
(vii) That the
Deputy Chief Executive, in consultation with the Leader of the
Council be authorised to adopt the Community Asset Transfer Policy,
once finalised in accordance with the key principles set out in
recommendation (v) to the Executive in this report.
 
(viii) That the
Executive approve that the key principles for the Community Asset
Support Scheme be that community support as part of the scheme
will:
 
a. Provide clear and
achievable benefits to the community and not be for primarily
commercial purposes.
 
b. Align with
Council’s Corporate Plan priorities and the objectives of its
Asset Management Plan and Environmental Sustainability
Strategy.
 
c. Require a robust
business plan for the continued operation of assets where support
is provided, with sustainable management and governance
arrangements.
 
d. Ensure that
support provided is the best identified option to support the
community benefits of the asset, and that there are no other more
suitable identified alternatives.
e. Ensure that any
support for community assets provides best value in terms of
community benefits provided relative to costs.
 
(ix) That the Head
of Service with responsibility for Community Partnerships, in
consultation with the Head of Service with responsibility for
Property
Services, the
Executive Members with responsibility for Assets and Community
Development, and the Monitoring Officer, be authorised to finalise
the Council’s Community Asset Support Scheme, in line with
the principles set out in recommendation (viii) to the Executive in
this report.
 
(x) That the Deputy
Chief Executive, in consultation with the Leader of the Council, be
authorised to adopt the Community Asset Support Scheme, once
finalised in accordance with the key principles set out in
recommendation (viii) to the Executive in this report.
 
(xi) That the Head
of Service with responsibility for Property Services, in
consultation with the Head of Service with responsibility for
Community Partnerships, the Executive Members with responsibility
for Assets and Community Development, the Chief Financial Officer,
Procurement Manager and the Monitoring Officer, and in accordance
with the Council’s Community Asset Transfer Policy and
Community Asset Support Scheme, when finalised, be authorised:
 
a. To acquire
property assets of community value, or dispose of property assets
owned by the Council which are not required for operational
purposes, in order to provide community value, and undertake all
necessary supporting actions, including approval of acquisition
and/or disposal terms and associated agreements, with regard to Key
Decision Threshold Limits.
 
b. On instruction to
the Monitoring Officer to carry out the procurement and appointment
of solicitors to act on conveyancing, landlord-tenant matters,
acquisitions, disposals and all associated due diligence, including
applications to HMLR to register properties in RBBC’s name
and submission of the SDLT return paperwork to HMRC.
 
c. To procure,
appoint, and enter into contract to secure all necessary surveys,
valuations, planning consents, quotes and tenders.
 
d. To procure,
appoint and enter into contract with building services contractors
to undertake any necessary maintenance or improvement work to allow
property assets held either by the Council or external parties to
be made suitable for current or future community use, disposal, or
other associated purposes.
 
e. To enter into
necessary agreements with external parties to enable the
implementation of maintenance or improvement work to property
assets held by said external parties, and on instruction to the
Monitoring Officer, to carry out the procurement and appointment of
solicitors as necessary to develop and enact such agreements.
 
f. Agree terms for
and approve the award of resources to support the operation of
community assets by external parties for the provision of community
benefits, including in the form of capital or revenue grants,
training, and/or advice, and including agreeing requirements for
provision of community benefits by external parties.
 
(xii) Recommend that
the Head of Service with responsibility for Property Services be
authorised, in consultation with the Head of Service with
responsibility for Community Partnerships, the Executive Members
with responsibility for Assets and Community Development, and the
Chief Financial Officer, to use funding from the Housing Delivery
and Community Assets Reserve for the purpose of implementing
actions emerging from the Community Asset Support Scheme, once
finalised, subject to a robust business case demonstrating best
value.
 
Additional tabled Recommendations approved by Executive (with
further information set out in an Addendum to the Executive agenda
pack, published before the meeting)
 
(xiii) That the
Executive notes that the Leader will consult with the leaders of
the established political groups of Members of the Council as part
of their role in reviewing the finalised Community Asset Transfer
Policy and Community Asset Support Scheme prior to the adoption of
these documents.
 
(xiv) That the
Executive notes that the Executive Member with responsibility for
assets commits to seek the advice of representatives of the wider
membership of the Council through a proposed Community Asset
Advisory Group (CAAG) as part of the consultation on decisions on
matters emerging from recommendations (xi.a.), (xi.d.),
(xi.e.), and (xi.f.).
 
Recommendations to Council
 
(i)            
That the Housing Delivery Strategy Reserve be changed to the
Housing Delivery and Community Assets Reserve, with the purpose of
supporting housing delivery and/or community assets within the
borough.
(ii)          
That the Head of Service with responsibility for Housing and
Intervention be authorised, in consultation with the Executive
Members with responsibility for Assets and Housing, and the Chief
Financial Officer, to use funding from the Housing Delivery and
Community Assets Reserve for the purpose of securing the purchase,
refurbishment, management and maintenance of market-sale
residential properties, for the purpose of providing affordable
rented homes including social rent, affordable rent, temporary
and/or emergency housing, subject to a robust business case
demonstrating best value, per recommendation ((ii).a.) to the
Executive.
(iii)        
That the Head of Service with responsibility for Housing and
Intervention be authorised, in consultation with the Executive
Members with responsibility for Assets and Housing, and the Chief
Financial Officer, to use funding from the Housing Delivery and
Community Assets Reserve for the purpose of acquiring and letting
suitable new-build housing units for the purpose of providing
affordable rented homes, including social rent, affordable rent,
temporary and/or emergency housing, and delivering community
benefits, subject to a robust business case demonstrating best
value, per recommendation ((iii).a.) to the Executive.
(iv)        
That the Head of Service with responsibility for Property
Services be authorised, in consultation with the Head of Service
with responsibility for Community Partnerships, the Executive
Members with responsibility for Assets and Community Development,
and the Chief Financial Officer, to use funding from the Housing
Delivery and Community Assets Reserve for the purpose of
implementing actions authorised by recommendation (xi) to the
Executive, subject to confirmation a robust business case
demonstrating best value, per recommendation (xii) to the
Executive.
(v)          
That the Capital Programme be updated to include the allocation
of a sum up to the total of the Housing Delivery and Community
Assets Reserve for the purposes set out in recommendations to
Council (ii), (iii) and (iv).