Assets of Community Value: Plainmoor

[TUFans]

TU Fans Ltd would like to point out that we have done our due diligence and we would like to inform all TUFC fans of the following:

https://www.torbay.gov.uk/index/yourbus ... yvalue.htm

1. Assets of Community Value

The Community Right to Bid allows community groups and parish councils to nominate buildings or land for listing by the local authority as an asset of community value introduced by the Localism Act 2011.

An asset can be listed if its principal use furthers (or has recently furthered) their community’s social well-being or social interests (which can include cultural, sporting or recreational interests) and is likely to do so in the future. When a listed asset comes to be sold, a moratorium on the sale (of up to six months) may be invoked, providing local community groups with a better chance to raise finance, develop a business and to make a bid to buy the asset on the open market.

A community asset may include:

Village hall, shop or centre
Sports centre
Pub
Open space or park
Library
The right covers both private and public assets.
An asset may be nominated by completing the Nomination Form

2. Assets of Community Value Policy

Introduction

The Localism Act 2011 introduced the “Community Right to Bid” and placed a duty upon local authorities in England to maintain a list of assets of community value. This list is known as the Council’s List of Assets of Community Value (“the List”). The Assets of Community Value (England) Regulations 2012 (“the Regulations”) set out the procedure together with the exemptions.

The legislation is to encourage community-focused, locally-led action by providing a tool to help communities looking to take over and run local assets. The scheme will give communities the opportunity to identify assets of community value (“ACV”) and have them listed and, when they are put up for sale, more time to raise finance and prepare to bid for them.
The Council will have a pivotal role in implementing the Community Right to Bid, working with local communities, to decide on asset listing, ensuring asset owners understand the consequences of listing, enforcing the Moratorium period and taking decisions as part of any appeals process.

Nominating an asset

A community or voluntary organisation or a parish may nominate either a publicly or privately owned building or land which they consider to have “community value” for inclusion on the List. A community asset is a local building or piece of land which the community considers to be of particular value to the local community.
Section 88 of the Localism Act 2011 sets out the definition of a community asset. Land or a building will be considered of community value if in the opinion of the Council if:

• an actual current use of the building or other land that is not an ancillary use furthers the social wellbeing or social interests of the local community, and
• it is realistic to think that now or in the next 5 years there could continue to be a primary use of the building/land which will further (whether or not in the same way) the social, well-being or social interests of the local community land may also be considered to be an ACV if either there was a time in the recent past when the actual use of the land furthered the social well-being or social interests of the local community, or it is realistic to expect that in the next five years there could be such a use of the land.
Assets which are excluded include land and buildings which are primarily residential in purpose, licensed caravan sites, operational land owned by statutory undertakers e.g railways, ports, roads, the Post Office.

A community or voluntary organisation includes:-

•An unincorporated group of 21 or more people who appear on the local electoral register;

•A community interest group, i.e. a legally constituted organisation such as a charity, a company limited by guarantee that does not distribute profits amongst its members;
•A Neighbourhood Forum designated as such by the local planning authority;
•A Parish Council in respect of land in its own area
•A Neighbouring parish council – if the parish council borders an unparished area, then they may nominate an asset with that neighbouring local authority
The nomination must be in writing by completing the nomination form at Appendix A and sent to the Land Charges Manager, Town Hall, Torquay, TQ1 3DR. Upon receipt of a satisfactorily completed nomination form the Council shall take the following steps.

Listing an asset
The Council will have 8 weeks to decide whether or not to list the asset. The Council must decide which nominations are eligible to be listed.
The Strategic Land Task Group will decide whether to include the nominated asset on the List in accordance with section 88 Localism Act 2011
If an asset is to be listed the Council must shall take all practicable steps by sending a Decision Notification letter to notify:-

• Any parish council whose area the land is in

• The registered owner of the land

• Any other person with a registered interest in the land

• Any lawful occupant of the land

• The nominating body

A notice must be displayed or attached to the land or building to be included on the list set out at Appendix B

If the asset is not to be listed, the Council must notify the nominating body and give reasons why. There is no right of appeal against the Council’s decision.

Internal Review
The owner of the asset has the right to request an internal review of the decision to include the asset on the List (section 92, LA 2011). The internal review will be undertaken the Executive Director who must not be involved with the original decision to list the asset.
The owner must request this review within 8 weeks from the date written notice of listing was given (or from the date that alternative steps were completed to bring listing to the owner’s attention). The asset will remain listed while the review is carried out. The owner has the right to request an oral hearing and be represented at this hearing by whomever they wish.
If the reviewer upholds the Council’s decision and decides that the asset will be included on the list, the owner has a right of appeal to a First Tier Tribunal.
A community asset will remain on the successful list for a maximum of 5 years at which point it can be re-nominated and re-listed subject to local interest and continued compliance with the definition of an asset of community value.
If the owner is successful the asset must be moved to a separate list known as List of Unsuccessful Community Nominations. This list must also be published alongside the successful nominations. The Council will decide how long the unsuccessful nomination will remain on this published list with reasons for it not being included on the List of Assets of Community Value. This is to avoid multiple nominations of an asset that does not meet the definition under s.88 LA 2011.

Appeal

The owner is entitled to appeal to an independent First Tier Tribunal at Tribunal Clerk, Community Right to Bid Apeals, HM Courts & Tribunals, First Tier Tribunal (General Regulatory Chamber) P.O. Box 9300, Leicester, LE1 8DJ within 28 days from the date of the notice of the decision of the internal review was made.
If the owner is successful the asset must be moved to the list of unsuccessful nominations.
If the Council is successful, the asset must remain on the successful list for a maximum of 5 years.

Local land charge
If land is included in the Council’s list of assets of community value inclusion in the list is a local land charge, and; that authority is the originating authority for the purposes of the Local Land Charges Act 1975. (Section 100, LA 2011).

Moratorium
Once an asset has been listed nothing further will happen unless and until the owner decides to dispose of it, either through a freehold sale, or the grant of assignment of a qualifying lease (i.e. originally granted for at least 25 years).
Should an owner of a community asset wish to enter into a relevant disposal or a binding agreement to enter into a relevant disposal, they must satisfy each of the following conditions:-

A period of six weeks has passed since the notification was received by the Council without the Council having received during that period a written request from any community interest group to be treated as a potential bidder in relation to the asset; (“interim moratorium”)
Where the Council has received a written request from a community interest group to be treated as a potential bidder during the six week period from notification being received from the owner; a period of six months has passed since the notification was received from the owner; (“full moratorium period”)and;
The relevant disposal takes place within a period of 18 months since the notification was received by the Council (the owner is free to sell the asset to whomever they choose and at whatever price within this period) (“protected period”).

N.B. There are exceptions listed in Section 95(5) LA 2011 where a relevant disposal can take place without the above requirements being satisfied. The most relevant are: gifts or disposals to family members; disposal of part of a business sold as a going concern; disposals in fulfilment of a planning obligation – option or pre-emption right made before the asset was listed; disposals under statutory compulsory purchase; disposals for the purpose of enabling NHS services to continue; disposals held for the purposes of a school, a 16-19 academy.
The owner is under no obligation to dispose their asset included on the List to a community interest group.
Upon receipt of the notification that the owner wishes to enter into a relevant disposal, the Council must amend the List to include reference to the notice having being received; the date on which the notice was received and the date each of the periods specified above.
The Council will give written notice to the successful nominated body and a notice will also be displayed or attached to the land or building in respect of which the notice has been received.
Any asset included on the List will be removed with effect from the end of the period of 5 years beginning with the date that entry was made. Notification will be given of removal from the List to all those parties notified of the asset’s inclusion on the List and the reasons for the removal will be included in this notice.

Compensation

Private owners may claim compensation for loss and expense incurred through the asset being listed or previously listed. The Regulations provide that this will include a claim arising from a period of delay in entering into a binding agreement to sell which is wholly caused by the interim or full moratorium period or; or for legal expenses incurred in a successful appeal to the Tribunal.
The owner has 13 weeks from the end of the interim or full moratorium period or from the date when the asset ceases to be listed to submit his claim in writing, stating the amount of compensation and supporting evidence. The burden of proving the claim falls on the owner.
There is no time limit for dealing with the claim.
Internal review of compensation decision
An owner who is not satisfied with the Council’s response to the compensation claim may request an internal review within 8 weeks of the Council’s decision given to the owner. The Council must notify the owner of the result, with reasons, of the internal review within 8 weeks of receiving the request.
The procedure is the same as for the Council’s review of a listing decision.

Independent Appeal

The owner may appeal to the Tribunal against the Council’s review on compensation within 28 days. Only the owner or the former owner who requested the review may appeal against the review decision.
The appeal will heard by the General Regulatory Chamber of the First-tier Tribunal.

Enforcement

The Regulations introduce a clear penalty for non-compliance, and measures to minimise the chance of a disposal not being compliant with the scheme. These will be achieved partly by amendment to the Land Registration Rules 2003.
The Council is required to add that an asset has been listed to the local land charges register. This will ensure that all prospective owners will be aware that an asset has been listed, since local land charges apply to both registered and unregistered land.
The Council is required to notify the owner that their asset has been listed and inform them of the implications. Owners are required to inform the Council that the land has been entered on the Land Register as a result of an application for first registration and also to inform the Council if they have become the new owner of listed land.
The Council is required to apply to the Land Registry for entry of a restriction on the Land Register when they list a building or other land as an Asset of Community Value, or if necessary, where the owner of the listed asset has changed. Form QQ states “No transfer or lease is to be registered without a certificate signed by a conveyancer that the transfer or lease did not contravene section 95(1) Localism Act 2011.”
The Council is required to apply to the Land Registry for cancellation of the restriction when it removes an asset from its list.
Further information
Community Asset Transfer

This is not to be confused with Asset of Community Value. Community Asset Transfer is the transfer of management and/or ownership of land or buildings owned by the Council to a community-based organisation, at less than market value, in order to promote social, economic or environmental well-being.
The Council’s Asset Management Plan 2015 provides the details for these types of disposals.

3. List of Assets of Community Value

SUCCESSFUL NOMINATIONS

Reference: ACV/2015/01
Nominated Asset: Plainmoor Stadium
Asset Postcode: Torquay TQ1 3PS
Date Listed: 31/03/2015
Section 91 Notice
(Localism Act 2011): 02/04/2015
Moratorium dates
Expiry of Listing: 30/03/2020

As you can see from the above, the TUST do have a right to bid for the freehold of Plainmoor, bearing in mind, this is a bid, unfortunately, it is highly unlikely that the TUST would be able to out bid any development company. Plainmoor is a prime site, with a school, park and swimming pool with local collages nearby. The covenants relate to the Carey Estate whereby there is a public right of way where the park and school are. This information is taken directly from the link at the top of this post and will therefore answer any questions any fan will have. As a development site, it is priceless.
Time is of the essence and as such, we will be launching a full scale fundraising campaign. We have been asked, how much we currently have available; we can confirm that it is a six figure sum, that continues to grow. We are again asking TUFC Chairman and the board to provide the figure that they want for the club. We do not want to take the risk of the club being developed.

Yours sincerely
TU Fans Ltd

[westyorkshiregull]

I think I need a solicitor my head is bamboozled

[standupsitdown]

I'm fully supportive of this. It's good news that Plainmoor has been listed and TUST should be given a fair opportunity to bid. Plainmoor has been developed into an excellent ground, suitable for League One football. It would be a tragedy if the ground was bulldozed so soon after the main stand was built.

[gateman49]

Let's leave things like this to TUST.

[Kit_robin]

1) it is not "priceless". It is a restricted area with already tightly built properties in the surrounding area. Yes, some houses could be built there but not so many as to make this land worth as much as, say, the land at Quinta, willows etc.

2) do TUST have the funds to buy plainmoor now? No. Could they raise it if the invoked the moratorium and appealed to the public? Maybe. That is, after all, EXACTLY what you are doing, yet you seem to think YOU will be successful but TUST has no chance. Strange, that.

3) and always the most pertinent point, that I will keep on posting; why would I give money to you, an unelected group who could make all the decisions on what to do with my money no matter what I think of it, as opposed to a democratically run organisation with elected officials where I get an equal say? I would be mad to do the former over the latter, wouldn't I?

4) your groups frankly slipshod approach to communication, and throwing around rumour and conjecture, does not exactly inspire confidence that you are fit to run my football club; quite the opposite.

[taxilady]

FACT : the TUST officials have been elected by, & are answerable to us, the fans; TUST are the fans. The TUST officials thought that it was a damned good idea ages ago to apply for Plainmoor to become an asset of community value. They explained it all at the time. They (we) applied, & they (we) were successful. The TUST receives our money through subscriptions, appeals & a lottery; puts it all in the bank & every month publishes all the sums, down to the last penny, to all the members.
Suddenly Torquay fans ltd wants to invent the wheel all over again. They want to explain an asset of community value to us (been there, done that, applied for, got it); they want our money (you can't have it, my money's already going to TUST & if I don't like what they're doing with it, I can say so. If I don't like what they're saying on my behalf, I can say so. Why ? Because I'm a member of the Trust !!!
It's true that TUST doesn't have a lot of funds at the moment,but the amount that they (we) do have is growing every month. Why someone would seek to split the fanbase up at the moment is beyond me. If Torquay Fans Ltd want to help ( ???) they should join the TUST. Simples !!!

[standupsitdown]

Sorry, I assumed this was part of the Trust (who I support and belong to).
We don't need two groups splitting fans and resources on this.

[samuel]

Kitrobin makes very pertinent points and Taxilady sums it all up, an accountable vehicle already exists for the purchase of the freehold of Plainmoor. Stick with the TUST, we know what their intentions are and its all for the good of the club. I am going to up my sub to the TUST because I want them to own the freehold of Plainmoor. I trust TUST.

[kevgull]

FACT : the TUST officials have been elected by, & are answerable to us, the fans; TUST are the fans. The TUST officials thought that it was a damned good idea ages ago to apply for Plainmoor to become an asset of community value. They explained it all at the time. They (we) applied, & they (we) were successful. The TUST receives our money through subscriptions, appeals & a lottery; puts it all in the bank & every month publishes all the sums, down to the last penny, to all the members.
Suddenly Torquay fans ltd wants to invent the wheel all over again. They want to explain an asset of community value to us (been there, done that, applied for, got it); they want our money (you can't have it, my money's already going to TUST & if I don't like what they're doing with it, I can say so. If I don't like what they're saying on my behalf, I can say so. Why ? Because I'm a member of the Trust !!!
It's true that TUST doesn't have a lot of funds at the moment,but the amount that they (we) do have is growing every month. Why someone would seek to split the fanbase up at the moment is beyond me. If Torquay Fans Ltd want to help ( ???) they should join the TUST. Simples !!!

[Jerry]

Taxilady sums up my feelings on the subject perfectly.

[monkeyboy]

It's a shame more supporters didn't get behind TUST and having Torquay Fans Limited on board would have given some impetus to the cause. This may have given more supporters belief that TUST/the fans could purchase and run the club.

[Richinns]

I would be interested in who thought the naming TU Fans Ltd is a legitimate one. It seems to me that they just throw vicious rumour and conjecture around with no substance to back up their claims. They have never been introduced in an official capacity. Who is their chairman? Who is on their board? Where has the fund raising income come from? (I have never been asked to contribute as with the TUST)? Why won't they respond to questions about their 'press releases'? Do you not realise that currently you just come across as a bunch of billy bullshitters?

They are very much come across as a bunch of troublemakers running a amateurish campaign which neither the TUST nor the club want to interact with. Dropping bombs and waiting to see the fall out is far from professional and trust me when I say myself (and much of the Torquay fan base) are currently very much of the opinion that you do not represent us so therefore should change your name post-haste.

[gateman49]

Here is a p.s. to what Taxilady and Richinns have posted:

If TU Fans Ltd have all the capital that they claim to have why didn't they put it into the pot when the current board was being set up?

[PhilGull]

Here is a p.s. to what Taxilady and Richinns have posted:

If TU Fans Ltd have all the capital that they claim to have why didn't they put it into the pot when the current board was being set up?

I think they did. I understand that these are the guys who left soon after the board took over. Obviously have some sort of grudge against the current board.

Shame they can't be more grown up about things. If they had gone to TUST with their cash we could be looking at actual proper fan ownership now.

[hector]

I think they did. I understand that these are the guys who left soon after the board took over. Obviously have some sort of grudge against the current board.

Shame they can't be more grown up about things. If they had gone to TUST with their cash we could be looking at actual proper fan ownership now.

I suspect that is something that doesn't interest them. They just want our money and then to be able to Lord it over Plainmoor like some reincarnation of Mike Bateson but without the nous, personality or money.