Assets of community value determination form: BL/2018/ENQ/08148

Community Right To Bid Determination Form Localism Act 2011

The Assets of Community Value (England) Regulations 2012

Review of Decision to place site on the register

  • Nomination Reference: BL/2018/ENQ/08148
  • Date of Nomination: 11th September 2018
  • Date of Listing: 2nd November 2018
  • Date of Review Hearing: 5th February 2019
  • Site Address: Land to the West of Cemetery Road, and off Jacks Key Drive, Darwen
  • Land/Property Description: Land - Green environmental space

Asset Owners

  • Name & Address of Asset Owner : Mohammed Farid/Fesal Nazir Darwen BB3 Limited, Third Floor, Albion Mills Business Centre, Albion Road, Bradford BD10 9TQ
  • Connection to the asset: Freeholder
  • Nominating Organisation:
  • Name of Organisation: Jacks Key/Key View Residents Association
  • Type of Organisation: Unincorporated Group
  • Proof of eligibility to make a community nomination: At least 21 locally registered voters signed petition

Hearing review

The oral hearing was held by the Deputy Chief Executive as the Reviewer on 5 February, and was conducted in accordance with the Act, the Regulations, and the Council’s Listing Review Procedure. At the hearing, statements and explanations were provided from the Listing Officer as to why the land should remain on Council’s Local Asset of Community Value Register. This was scrutinised by the Owner who also made representations as to why the land should be removed from the Council’s Local Asset of Community Value Register.

The Deputy Chief Executive has taken into account the reasons for listing of the land as an Asset of Community Value (ACV) by the Listing Officer and also the representations made by the Owner. In addition, the Deputy Chief Executive has also considered the supporting evidence that the Nominating Organisation had provided for the determination and the documentation provided by the Owner. The site was also visited on the 8th February 2019 by Planning Officers, and the Executive Member for Resources and the Executive Members for Regeneration have been consulted in accordance with the procedure.

Having carefully considered the matter, the Deputy Chief Executive has confirmed that the land should not have been included on the list. The Deputy Chief Executive noted that maintenance of the grassed area by local residents was referred to as evidence of furthering social well-being or social interests, but this in any case was only for certain parts of the land that was nominated. Furthermore, the nominated land (identified by the map supplied by the Nominating Organisation) included roadways on the estate, which under the Regulations cannot be included as land of community value and therefore cannot be listed.

Decision

I confirm that:

Nominated Asset: Land to the West of Cemetery Road, and off Jacks Key Drive, Darwen

The land cannot therefore remain on the Council’s Local Asset of Community Value Register and the Local Land Charge Register, and I have requested removal of the entry of the land from the Council’s Local Asset of Community Value Register and the Local Land Charge Register.

Denise Park, Deputy Chief Executive

Date: 12th February 2019

Background Papers: Nomination application, letter from the owners; Determination Form of the Director of Finance

Contact Officer: Gavin Prescott, Planning Manager (Development Management) Telephone: (01254) 585694 Email: planning@blackburn.gov.uk

Date: 12th February 2019​​