Decision

The Assistant Director of Property and Investment has
approved the application by Tranmere Rovers Supporters Trust Ltd to nominate Prenton Park as an Asset of Community Value, the extent of the relevant being shown on the attached appendix 1.

Reasons for the decision

A nomination has been received from Tranmere Rovers Supporters Trust Ltd (also known as Tranmere Rovers Supporters Trust) (“the Trust”) under section 89(2)(b)(iii) of the Localism Act for Prenton Park to be listed as an asset of community value.

A copy of the land to which the nomination refers is attached at Appendix 1.

Under the Localism Act 2011 [“the Act”] and The Assets of Community Value (England) Regulations 2012 made thereunder, the Council has a duty to maintain a list of land in its area which is of community value, and also a list of unsuccessful nominations of such land.

The Act goes further to state that a nomination must include certain information in order to be considered by the Council.
The nomination must include:
• a description of the land;
• names of occupiers and owners of the land;
• the nominator’s reasons for thinking that the land is of community value; and
• evidence that the nominator is eligible to make a nomination.

The application is valid for the purposes of this nomination and thus the Council must consider the application.

To succeed, this application had to demonstrate that the asset contributes to the social wellbeing or cultural, recreational or sporting interests of the local community.

Successful nominations will be added to the list of Assets of Community Value. Once successfully nominated, any intention to dispose of the property by the owner triggers a process which gives community groups the opportunity to submit offers to purchase. There is no obligation on the owner to consider the bids, but the process gives time for the groups to establish that they can make a bid.
Successful bids will see assets added to the list for a period of five years.

Prenton Park has been listed as an Asset of Community Value previously, with the five-year time frame for listing subsequently having lapsed.

The owners of Prenton Park have been advised of the bid and have not made any representations to challenge the listing.

The nomination is considered to be compliant and meets the criteria for listing. This is on the basis that Prenton Park has been, for many years, used for the purpose as an important asset of community value which delivers significant community benefits in the form of sporting, cultural and recreational activities. The stadium has a long history with the local and community delivers a wide range of social, economic and sporting benefits.

The landowner can ask the council to review the inclusion of their land/property on the List and there is a process for an internal appeal regarding the listing. Thereafter there is a further right of appeal to the General Regulatory Chamber of the First-Tier Tribunal

Under Part 5 Chapter 3 of the Localism Act 2011 and the Assets of Community Value Regulations 2012 the owner may claim compensation for loss and expense incurred as a result of their asset being listed or previously listed on the List of Assets of Community Value.
Under this scheme claims can be made for reasons including:
• Loss incurred arising from a period of delay in entering into a binding agreement to sell, which is wholly caused by a moratorium period.
• Reasonable Legal expenses incurred in a successful appeal to the First tier Tribunal.
Claims can only be made for the actual loss, or the expense outlaid by owners, with a clear cause and effect relationship between the loss and the moratorium period or to the asset being listed. It is impossible to quantify potential claims, but early government impact assessments expected very small sums of claims and tends to be limited to items such as fees.
The listing of the property will not require the owner to sell at less than market value, only withdraw the property from sale for the required moratorium period.

Alternative options considered

The Community Right to bid process is statutory. As a consequence, no alternative options are available.