The nomination, to
list The Edge, Brixham was submitted by The Edge, Brixham Community
Interest Company (CIC).
The Edge occupies a
Grade II listed former United Reformed Church building, previously
operated by and owned by Brixham Youth Enquiry Service (Brixham
YES). The building currently hosts a
wide range of community services, including; independent food bank and community
fridge, community kitchen, yoga, arts and crafts, and board game
groups, IT support sessions, neurodiverse coffee mornings, music
and wellbeing activities, and children’s holiday clubs.
These activities
clearly demonstrate that the building furthers the social wellbeing
and interests of the local community, as envisaged under Section 88
of the Localism Act 2011.
Although the nominator
is a newly formed CIC, it was established following the
Administration of Brixham YES, with the intention of continuing the
services previously provided. Evidence
suggests these services have been delivered from the building for
over five years prior to the nomination.
The nominator has
advised that, despite entering into a
three-year arrangement with the administrators of Brixham YES and
receiving assurances regarding continued use, they have recently
discovered that the building is now being marketed for sale.
Under Section 88 of
the Localism Act 2011, a building or land may be listed as an Asset
of Community Value (ACV) if:
·
Present and Future Test (s.88(1)):
The
current non-ancillary use furthers the social wellbeing or
interests of the local community, and it is realistic to
think that such use will continue.
·
Past and Future Test (s.88(2)):
There was a time in the recent past when the non-ancillary use
furthered the social wellbeing or interests of the local community,
and it is realistic to think that such use could resume within the
next five years.
The Edge clearly
satisfies the current use requirement under s.88(1), as it hosted
multiple community services. The key
issue was whether it was realistic to think such use would
continue, given:
·
the property is subject to insolvency proceedings and is being
marketed for sale;
·
Administrators are legally obliged under the Insolvency Act 1986 to
secure the best price, which may result in disposal to a private
purchaser.
·
There is no guarantee that the community use can continue.
After reviewing the
nomination against the statutory criteria in Section 88 of the
Localism Act 2011, officers concluded that the asset did not meet
the requirements for listing as an Asset of Community Value
(ACV).
While the building was
currently used for community activities, Section 88(1) requires
that it is realistic to think such use will continue. The
property’s involvement in insolvency proceedings and its
active marketing for sale create significant uncertainty regarding
future occupation by the nominating CIC. The nominator holds no
security of tenure, and there is no restrictive covenant on the
property’s title; therefore, any future owner may lawfully
use the property for any purpose permitted under planning
legislation.
In the absence of
evidence demonstrating that the asset could be secured for ongoing
community use, officers considered that the statutory requirement
of realistic future use was not satisfied.
At the meeting
Councillor Jackie Thomas proposed and Councillor Bye seconded a
motion that was agreed unanimously by the Cabinet, as set out
above.
