Content

To include The Villagers Public House on the
list of assets of community value.

Reasons for the decision

A validation exercise to determine if the
nomination was valid has been completed and the nomination meets
the requirements of the Localism Act 2011.
Any decision as to the site's assets of community value status
falls to be considered under section 88(1) of the Localism Act
2011. This requires a determination to be made as to (i) whether
there is an actual use of the building or other land that is not an
ancillary use which furthers the social wellbeing or social
interests of the local community and (ii) whether it is realistic
to think that there can continue to be non-ancillary use of the
building or other land which will further (whether or not in the
same way) the social wellbeing or social interests of the local
community.
This was a finely balanced decision which needed to be taken in
consideration of the case law as well as the circumstances
surrounding this particular property. On balance I have reached the
following conclusions and decided to list the asset.
(i) is satisfied - this was given careful consideration as the
public house has not operated since 2010. However, the length of
operation prior to closure, in this case over 150 years, needs to
be considered and there has been no subsequent use of the public
house in the last 15 years. It is also relevant to this
consideration that there remains a breach of planning condition
that requires the property to be refurbished as a public house
within 6 months of the occupation of the residential dwellings.
There is precedent for public houses being assets of community
value, and it is reasonable to consider that a public house used by
the local community is of value to the local community. In this
context it is considered that the use would be considered
recent.
(ii) is also satisfied - the pub remains subject to planning
controls designed to preserve its community role as a village
public house. There have also been repeated offers to purchase the
property with the intention to being it back in to use as a public
house. Whilst there is evidence provided which questions the
viability of operating as a public house it is clear that there is
organised and co-ordinated efforts which mean it is realistic to
think that the property could again serve the community in the next
five years. Again the current planning condition
In making this decision I am mindful that the land that is not, or
no longer, of community value should be removed from the list and
will no longer be an ACV and that as soon as possible after
receiving such information that enables it to do so the Council
should remove an entry from the list. There are undetermined
applications which, if granted and implemented, may impact on the
continuing listing of this property. These are properly considered
at the time and cannot be predetermined.

Alternative options considered

There is an obligation under the Localism Act
2011 section 89 for the Council to consider community nominations
to list a building or land within the district as an asset of
community value in accordance with the statutory criteria.