Community asset transfer policy of Kirklees Council described as “half-hearted”

Over the past seven years the authority has transferred 21 “assets” to community groups and organisations in the borough. They have included community centres, civic halls, libraries and land including recreation and sport facilities.

The new policy aims to arrange transfers of all assets such as council land and buildings by the granting of long leaseholds of up to 125 years.

The authority says long leaseholds ensure that an asset remains available to the community whilst providing the council with “remedies” in the event that an applicant does not fulfil its obligations in respect of the management of the asset, or if there is a breach of the terms of the lease.

In addition the granting of long leaseholds still gives applicants the security needed to satisfy grant funders.

Coun Nigel Patrick (Con, Holme Valley South) called for a different apporoach and suggested a freehold transfer “with minimal strings”.

He also cautioned that the current transfer process was “very, very slow” and sought a speeding-up of the system.

He added that groups needed to have the freedom to invest in assets without fear of losing it should a future council change its mind and bring it back in-house.

“You could still do a freehold transfer with restrictions on changes of use, for example a football pitch becoming a housing development.

“There is no guarantee that playing fields under council control cannot be built on, so to me it seems half-hearted to only allow a long lease.”

The council currently offers a grant of up to £5,000 to cover professional fees and legal costs associated with an application. In future it will also consider applications for grants of £10,000 in “exceptional circumstances”.

It also offers a match funding loan of up to £100,000, which can be used to support capital projects that improve the condition of the transferred asset.

Those loans can now be applied for during the application stage and post transfer.

The council will offer first and second-year grants on completion equivalent to 15% of the first year running costs (excluding staffing costs) and 5% of the second to provide extra post-transfer support.

The new policy was approved at a meeting of the council’s decision-making Cabinet (Sept 22).