Decision

That the outcome of
the officer assessment be noted and it be confirmed that the
nomination to list The Edge, Brixham as an Asset of Community Value
does not meet the statutory criteria under the Localism Act 2011
and is therefore refused.

Reasons for the decision

To ensure compliance
with the Council’s Asset of Community Value Policy and uphold
transparency in line with the Localism Act 2011 and Asset of
Community Value (England) Regulations 2012.

Alternative options considered

The options were:
 
Refuse the
Nomination:
 
Although the property
currently serves a community function, Section 88 of the Localism
Act 2011 requires it to be realistic that such use will
continue.
 
The evidence did not
demonstrate this.  Insolvency
proceedings, active marketing, and lack of security of tenure
created significant uncertainty, with no legal mechanism to secure
ongoing community benefit.
 
Given these factors,
the statutory criteria were not met, and officers advise that the
statutory test under Section 88 of the Localism Act 2011 was not
met, and therefore the property could not be listed as an Asset of
Community Value.
 
Accept the
Nomination:
 
This option was not
recommended, as the nomination fails to meet the statutory
criteria.
 
Furthermore, listing
would impose restrictions on disposal and register a local land
charge.  However, insolvency-related
sales are exempt from the moratorium, limiting any practical
benefit.  Listing could also deter
buyers and expose the Council to compensation claims.