CAT 2 Site Beardmore Cottages 21 05 25 ILE
Renfrewshire Council · 21 May 2025
Back to Community Asset Transfer Sub-committee — 21 May 2025 and its agenda
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2 ___________________________________________________________________ To: Infrastructure, Land & Environment Policy Board Community Asset Transfer Subcommittee On: 21 May 2025 ___________________________________________________________________ Report by: Chief Executive ___________________________________________________________________ Heading: Community Asset Transfer Request – Site East of Beardmore Cottages, Inchinnan ___________________________________________________________________ 1. Summary 1.1. The purpose of this report is to ask the Community Asset Transfer (CAT) Subcommittee to consider a request to transfer of the site east of Beardmore Cottages to Inchinnan Development Trust under Part 5 of the Community Empowerment (Scotland) Act 2015 (the Act) ___________________________________________________________________ 2. Recommendations 2.1 It is recommended that the CAT Subcommittee:- (i) Consider the Community Asset Transfer request attached; (ii) Refuse the lease of the asset on the basis that that there is an alternative proposal for the land, namely that it should be retained for housing purposes by Renfrewshire Council. (NB. An extract from the legislation regarding reasons to refuse an asset transfer request, are appended to this report, Appendix 1). ___________________________________________________________________ 3. Background 3.1. Part 5 of the Community Empowerment (Scotland) Act 2015 provides the right for community bodies to request outright ownership, short or long term lease or other rights over any land or property owned or leased by the Council.
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3 3.2. The Act requires local authorities to assess requests transparently against a specified list of criteria, and to agree the request unless there are reasonable grounds for refusal. ___________________________________________________________________ 4. Site East of Beardmore Cottages (UPRN: 123104862) 4.1. The land described as Site East of Beardmore Cottages, runs from Greenock Road to the entrance to Teucheen Wood on the eastern boundary of Nos 52- 60 Beardmore Cottages parallel 4.2. Owned by Renfrewshire Council, the site, which extends to 2.47 acres (10,003 sqm), comprises open grass land and is bordered on the eastern side by a grass field which forms part of the adjacent Flourish Farm. 4.3. In 2022, the Council granted permission to Inchinnan Development Trust to construct a 1.5m wide wayleave along the western edge of the site leading from Greenock Road to the woodland to allow for improved community access to the woods. 4.4. Over the last number of years, the site has been worked by the neighbouring farm without any formal lease or licence in place. The farmer agreed to the right of access being granted to IDT in 2022 and has subsequently confirmed in writing that he has no formal ownership of the land. 4.5. Held on the Housing Revenue Account, the site is designated in the Renfrewshire Local Development Plan (2021) as a Policy P2 housing site. 4.6. The site was last valued by the Council’s Estates Team in 2022 at £120,000. This considered the existence of the agreed public wayleave along the edge of the site. 4.7. There are no known burdens or servitudes in relation to the land although a full title check would be required prior to concluding any sale in any case. 4.8. A site plan and location map E3571 is attached to this report as Appendix 2 ___________________________________________________________________ 5. Housing Services Position 5.1 As this site is a Housing Revenue Account asset, currently designated for housing within the Local Development Plan, colleagues within the Council’s Housing Services team have been consulted in the consideration of the application. The following information has been provided for context and information for the purposes of this report. 5.2 The Renfrewshire Local Housing Strategy (2023-2028) which was approved by the Council's Communities and Housing Policy Board on 31 October 2023 identifies pressures on the supply of affordable homes in the North Renfrewshire area which includes the settlement of Inchinnan. The Council’s Social Housing Investment Plan (SHIP; 2025-2030) identifies that there is unmet demand and a limited supply of affordable housing in North
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4 Renfrewshire and includes a commitment to pursue all opportunities to increase the supply of affordable housing in this area. 5.3 The majority of housing in Inchinnan is in the owner-occupied sector with only 54 Council rented homes and no housing association properties in the village. The housing stock consists of predominantly larger family houses with a limited supply of affordable smaller properties. 5.4 A combination of relatively high house prices, limited diversity of housing options and demand for a limited supply of social rented housing requires new affordable homes to be delivered across the wider North Renfrewshire area to increase the range of housing options available to local households in need. 5.5 Currently there are no sites within the SHIP (2025-2030) in Inchinnan and only one housing site (land east of Beardmore Cottages) allocated within the Renfrewshire Local Development Plan which could be used to increase the amount of affordable homes in the village. 5.6 Housing Services have confirmed a preference for the application site at Beardmore Cottages, Inchinnan to be maintained as a site for housing as it offers an opportunity to deliver new affordable homes in an area where there is an affordable housing need and a limited supply of sites. It is intended that the site will be reviewed in preparing the SHIP later this year to determine whether it is added to the development programme to deliver new affordable homes in Inchinnan. 5.7 The site east of Beardmore Cottages in Inchinnan is an asset to HRA. Given the need for new affordable homes in this area and the lack of alternative sites, further consideration would be required to determine whether the proposed transfer represents good value for Renfrewshire Council tenants. There would also be a requirement to seek Scottish Ministers approval for the disposal of any HRA asset where the disposal price is less than 75% of the market value of the asset. In seeking Ministerial approval for a disposal, the Council must also demonstrate an appropriate level of consultation with tenants has been undertaken. ___________________________________________________________________ 6. Inchinnan Development Trust 6.1. Inchinnan Development Trust (IDT) is a company limited by guarantee and registered at Companies House, registration No. SC659896. 6.2. The company was incorporated on 24 April 2020 and was formed to benefit people and businesses principally within the Inchinnan Community Council Boundary. Objects include: • the advancement of community development (including the advancement of woodland and greenspaces regeneration) principally within the Community; • the advancement of environmental protection or improvement; and
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5 • the provision of recreational facilities, or the organisation of recreational activities, with the object of improving the conditions of life for the persons for whom the facilities or activities are primarily intended. 6.3. As a company limited by guarantee, IDT qualify as a Community Transfer Body (CTB) under Part 5 of the Community Empowerment (Scotland) Act 2015 and as such are entitled to seek asset transfer under the Act. Their Memorandum & Articles of Association have been checked and confirmed as fully compliant. Capacity to Deliver 6.4. IDT has significant experience and proven capability in managing land having previously been successful in the community buy-out of the privately owned Teucheen Woods in 2021 now made accessible and managed for community benefit; and the successful asset transfer of the India Tyres Playing Fields in 2022. 6.5. A subsequent asset transfer request for a site behind 49 Beardmore Cottages was approved by the CAT Subcommittee on 6 November 2024. ___________________________________________________________________ 7. Community Asset Transfer Request 7.1. Inchinnan Development Trust are seeking full ownership of the site and are offering to pay £1.00 in recognition of the environmental and community benefits to be gained as a result of the asset transfer. 7.2. IDT wish to incorporate the asset into the community’s ongoing work to improve habitat quality and connectivity around Teucheen Wood and to create a fully accessible nature space for community members of all abilities to enjoy. Objectives include: • creation of a fully accessible communal nature space; • creation of quality woodland edge habitat; • creation of quality wet grassland habitat; and • miscellaneous biodiversity enhancements across the site. 7.3. The group intend to use the land as an accessible nature space for the local community including schools and other groups and will provide opportunities for conservation volunteering, educational programmes, recreation activities and archaeological investigation. 7.4. IDT propose a number of modifications to the site (subject to appropriate planning permissions) to improve accessibility, biodiversity, and community value. These include: • Construction of fully accessible path loop across central portion of the site (approx. 200m) which will link into the existing pathway from Greenock Road; • Installation of 4 rest benches at intervals across path loop (4 benches); • Installation of 4 interactive interpretation boards detailing habitats and flora/fauna;
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6 • Planting of native tree species, shrubs, and plug plants; • Planting of wildflower species across site and facilitation of natural regeneration of ground flora to support pollinator and invertebrate populations; • Excavation to south of the site to create ‘wet features’ for wading birds and creation of a beetle bank. using excavated materials to provide additional habitat for invertebrates. 7.5. Full details of the proposals can be found in the ‘TANS CAT – Habitat Restoration & Creation Outline’ attached to this report along with project costings and a site concept map for greater context. 7.6. In addition, a 5-year woodland management plan was produced in December 2023 with a strong focus on creating accessible spaces. 7.7. A full copy of the CAT request and supporting documents is attached to this report. Community Engagement & Support 7.8. IDT state that they have been guided by the voice of the community since their inception, with thorough community consultation being undertaken to assess the local needs/wants which instruct their work. 7.9. In relation to this site, a digital survey was undertaken from mid-August to late-November 2024 which demonstrated strong support for this application and plans for the site. A total of 160 (of 162) of those responding to the survey were in support of the proposals for the site. A detailed overview of the results of this survey are attached. 7.10. The landowner of the farmland to the east of the site has been informed of the Trust’s intentions and is supportive of plans to transfer the land into community ownership and plans to install a boundary fence to better delineate the boundary of the site, this will be complemented by hedgerow planting to establish a natural boundary and greater habitat connectivity. Benefits, Sustainability and Best Value 7.11. The asset transfer request identifies several potential benefits, these include: • Economic Development - opportunities skills development and learning within our community as well as corporate volunteering with local businesses – helping to create a connection between these businesses and our community. • Regeneration - regeneration and enhancement of woodlands and greenspaces; advancement of environmental protection, preservation, and enhancement. • Public Health - benefits for both physical health and mental wellbeing through meaningful engagement with our local environment. • Social Wellbeing - provision of accessible infrastructure will help bring local and wider communities together.
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7 • Environmental Wellbeing - creation of an ecologically rich, biodiverse, and robust space which will help alleviate some of the pressures of local urban expansion and enable our community to respond not only to the wider climate crisis but to the nature/biodiversity crises which we face on both a local and national level. 7.12. In terms of sustainability, IDT are a well established organisation with proven capability in the management and sustainability of multiple assets. They have presented a robust and costed development plan and have indicated access to numerous funding sources to develop their proposals and sustain the asset in the long-term. Validation, Representations, Responses 7.13. The CAT request was validated on 16/01/2025 and published on the Council Website. Notices were placed on site and all close neighbours and interested parties, including Elected Members and the Community Council, were informed directly in accordance with the CAT legislation. 7.14. No formal representations were received. CAT Panel Recommendation 7.15. The CAT Officer Panel met to consider this request on the 28/01/2025. Initially the Panel agreed to recommend the request be approved by the ILE CAT Subcommittee. 7.16. However, when the asset transfer request was presented to the ILE Subcommittee for consideration on 19 March 2025, a decision was deferred to allow for further discussions with Housing Services as it was noted (following publication of the report) that the land is held on the Housing Revenue Account (HRA). 7.17. Following consultation with Housing Services they are firmly of the view that the land should be retained for future housing development as set out in section 5 of this report. Accordingly, officers are now recommending the application should be refused on the grounds that obligations imposed on the authority prevent, restrict, or otherwise affect its ability to agree to the request. 7.18. In determining the outcome of asset transfer requests, relevant authorities must have due regard to Section 82 of the Act governing decisions. 7.19. Section 82(3) lists matters that the authority must take in to consideration, namely 82(3)(c) whether agreeing to the request would be likely to promote or improve— (i) economic development, (ii) regeneration, (iii) public health, (iv) social wellbeing, or (v) environmental wellbeing, 7.21 An extract of Section 82 of the Act is attached as Appendix 1.
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8 ___________________________________________________________________ 8. Subsidy Control 8.1. Discount conferred because of asset transfer constitutes as financial assistance under the Subsidy Control Act 2022 and must be included in the calculation for Minimal Financial Assistance (MFA). 8.2. Under the Act, financial assistance is only considered a subsidy where it satisfies all four ‘limbs’ of the test within the regime and where the recipient of the assistance is an enterprise (any person, or groups of persons under common control that is engaged in an economic activity, which means, offering goods and services on a market). 8.3. The transfer of the Beardmore Cottages Site to Inchinnan Development Trust does not satisfy one or more of the limbs, namely “the financial assistance has, or is capable of having, an effect on competition or investment within the UK, or on trade or investment between the UK and another country or territory, or both”. 8.4. Inchinnan Development Trust is not considered an enterprise under the Act in that it does not provide goods or services on the market. ___________________________________________________________________ Implications of the Report 1. Financial – Asset is assessed as having a market value of £120,000. Financial implications would apply if the Council were to agree the transfer of the asset to IDT at their proposed offer price (£1). 2. HR & Organisational Development – None. 3. Community Planning Our Renfrewshire is well – the CAT supports the wellness of our citizens and communities through the creation of new accessible community space. 4. Legal (a) The CAT request and CTB comply with the requirements of Part 5 of The Community Empowerment (Scotland) Act 2015. (b) A formal offer from the CTB must be received within 6 months of a decision to approve. (c) Sale must be concluded within 6 months of a formal offer being submitted by the CTB. 5. Property/Assets – Report recommends refusal of request to transfer asset reference 123104862. 6. Information Technology – None.
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9 7. Equality & Human Rights - The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report. 8. Health & Safety – None. 9. Procurement – Not applicable. 10. Risk – None. 11. Privacy Impact – Not applicable. 12. Climate Risk – Not applicable. 13. Children’s Rights - This report does not cover a new policy, function or strategy nor a substantive change to an existing policy, function or strategy which will have an impact on children’s rights. 14. Cosla Policy Position – not applicable. _____________________________________________________ List of Background Papers (a) Site at Beardmore Cottages; ILE C.A.T Subcommittee; 19 March 2025 Appendices 1. Extract from Community Empowerment (Scotland) Act 2015 2. Site plan _______________________________________________ Author: Sandra Inrig – 0141 487 1447 or 07974 071238. sandra.inrig@renfrewshire.gov.uk
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10 Appendix 1 Extract: Community Empowerment (Scotland) Act 2015, Part 5 Asset Transfer Requests Clause 82 Asset transfer requests: decisions (1) This section applies where an asset transfer request is made by a community transfer body to a relevant authority. (2) The authority must decide whether to agree to or refuse the request. (3) In reaching its decision, the authority must take into consideration the following matters— (a) the reasons for the request, (b) any other information provided in support of the request (whether such other information is contained in the request or otherwise provided), (c) whether agreeing to the request would be likely to promote or improve— (i) economic development, (ii) regeneration, (iii) public health, (iv) social wellbeing, or (v) environmental wellbeing, (d) whether agreeing to the request would be likely to reduce inequalities of outcome which result from socio-economic disadvantage, (e) any other benefits that might arise if the request were agreed to, (f) any benefits that might arise if the authority were to agree to or otherwise adopt an alternative proposal in respect of the land to which the request relates, (g) how such benefits would compare to any benefits such as are mentioned in paragraphs (c) and (e), (h) how any benefits such as are mentioned in paragraph (f) relate to other matters the authority considers relevant (including, in particular, the functions and purposes of the authority), (i) any obligations imposed on the authority, by or under any enactment or otherwise, that may prevent, restrict or otherwise affect its ability to agree to the request, and (j) such other matters (whether or not included in or arising out of the request) as the authority considers relevant. (4) The authority must exercise the function under subsection (2) in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements.
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11 (5) The authority must agree to the request unless there are reasonable grounds for refusing it. (6) In subsection (3)(f), an “alternative proposal” includes— (a) another asset transfer request, (b) a proposal made by the authority or any other person. (7) The authority must, within the period mentioned in subsection (8), give notice (in this Part, a “decision notice”) to the community transfer body of— (a) its decision to agree to or refuse the request, and (b) the reasons for its decision. (8) The period is— (a) a period prescribed in regulations made by the Scottish Ministers, or (b) such longer period as may be agreed between the authority and the community transfer body. (9) The Scottish Ministers may by regulations make provision about— (a) the information (in addition to that required under this Part) that a decision notice is to contain, and (b) the manner in which a decision notice is to be given.
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