Agenda Document Pack - Community Asset Transfer Sub-committee - 21/05/2025
Renfrewshire Council · 21 May 2025
Back to Community Asset Transfer Sub-committee — 21 May 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
14/05/2025 Notice of Meeting and Agenda Community Asset Transfer Sub-committee Date Time Venue Wednesday, 21 May 2025 13:00 Microsoft Teams Meeting, Membership Councillor Michelle Campbell (Convener): Councillor Audrey Doig: Councillor James MacLaren: Councillor Iain McMillan: Councillor Andy Steel: Members of the Press and Public - contact details Members of the press and public wishing to attend the meeting should contact democratic- services@renfrewshire.gov.uk to allow the necessary arrangements to be made. Further Information - online meetings only This meeting is on-line only but is a meeting which is open to members of the public by prior arrangement. A copy of the agenda and reports for this meeting will be available for inspection prior to the meeting at the Customer Service Centre, Renfrewshire House, Cotton Street, Paisley and online at http://renfrewshire.cmis.uk.com/renfrewshire/CouncilandBoards.aspx For further information, please email democratic-services@renfrewshire.gov.uk Webcasting of Meeting This meeting will be filmed for live or subsequent broadcast via the Council’s internet site – at the start of the meeting the Convener will confirm if all or part of the meeting is being filmed. To find the webcast please navigate to https://renfrewshire.public-i.tv/core/portal/home MARK CONAGHAN Head of Corporate Governance Page 1 of 24
Page 2
14/05/2025 Page 2 of 24
Page 3
14/05/2025 Items of business Apologies Apologies from members. Declarations of Interest and Transparency Statements Members are asked to declare an interest or make a transparency statement in any item(s) on the agenda and to provide a brief explanation of the nature of the interest or the transparency statement. 1 Community Asset Transfer Request – Beechwood Community Centre, Shortroods Road, Paisley - Update Report by the Chief Executive. 4 - 10 2 Community Asset Transfer Request – Site East of Beardmore Cottages, Inchinnan Report by the Chief Executive. 11 - 21 3 Community Asset Transfer Request – Calderglen Playing Fields, Lochlip Road, Lochwinnoch - Update Report by the Chief Executive. 22 - 24 Page 3 of 24
Page 4
2 ___________________________________________________________________ To: Infrastructure, Land & Environment Policy Board Community Asset Transfer Subcommittee On: 21 May 2025 ___________________________________________________________________ Report by: Chief Executive ___________________________________________________________________ Heading: Community Asset Transfer Request – Beechwood Community Centre, Shortroods Road, Paisley - Update ___________________________________________________________________ 1. Summary 1.1 This report follows the continuation of the asset transfer request considered by the Sub Committee on 19 March 2025. 1.2 The purpose of this report is to provide advice on the range of conditions that can be applied to asset transfers to protect the public interest and to propose conditions to be applied to the asset transfer of Beechwood Community Centre to Your Community, Your Space SCIO. 1.3 Members are referred to the previous paper for details of the asset transfer request and community transfer body. ___________________________________________________________________ 2. Recommendations 2.1 It is recommended that the CAT Sub-Committee:- (i) Consider the range of conditions which may be applied to asset transfers; (ii) Agree to the sale of the asset via asset transfer to Your Community, Your Space SCIO subject to the conditions detailed in section 6 of this report, or others as determined; and (iii) Authorise the Head of Economy and Development together with the Head of Corporate Governance to conclude the sale of the asset in accordance with the Act and on such terms as required to protect the Council’s interest. Item 1 Page 4 of 24
Page 5
3 ___________________________________________________________________ 3. Background 3.1 The CAT Sub-Committee met to consider an asset transfer request for Beechwood Community Centre on 19 March 2025. 3.2 At that meeting, the Sub-Committee requested consideration of the transfer request be continued for advice on conditions which could be included to protect public interest in the asset and for community benefit. 3.3 Asset transfer is governed by Part 5 of the Community Empowerment (Scotland) Act 2015 (the Act) which 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. 3.4 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. 3.5 Section 83(2)(a) of the Act states that the decision notice relating to a request must – “specify the terms on which, and any conditions subject to which, the authority would be prepared to transfer ownership of the land, lease the land or (as the case may be) confer rights in respect of the land to which the request relates (whether or not such terms and conditions were specified in the request)”. 3.6 Neither the Act nor the associated Regulations 2016 specify what these conditions may be, however, the Scottish Government provides guidance to relevant authorities on the types of conditions that could be applied in relation to achieving best value and to protect discount. The guidance states that “it is for relevant authorities to determine whether it is appropriate to include such conditions in the contract (and for community transfer bodies to decide whether to accept the transfer on those terms)”; and, if used, that these are done “in an appropriate and proportionate way”. 3.7 Any conditions must be detailed in the CAT decision notice and be set out in the ensuing contract via a formal legal mechanism such as a standard security or minute of agreement, which may contain a range of provisions and be linked to a standard security. ___________________________________________________________________ 4. Use of Conditions in Asset Transfer 4.1 Public sector organisations are required to achieve best value in their property transactions. The guidance states that in the case of asset transfer to community bodies, disposal at less than market value may be justified by reference to the expected benefits to be delivered by the project. 4.2 Relevant authorities may seek to protect themselves against the risk that the benefits may not be delivered by including clauses (conditions) in the contract requiring some form of restitution if the project fails. Page 5 of 24
Page 6
4 4.3 Any conditions which the relevant authority proposes to impose should be included in the decision notice and in sufficient detail that the community transfer body is able to decide whether they are acceptable or not. As a result, the community transfer body could seek to challenge them through the review and appeal process. 4.4 Where ownership of the asset is transferred, the guidance identifies three main ways relevant authorities can seek to protect the potential value discount. These are: i. where a reduced price was agreed in recognition of the benefits to be delivered - the community body may be required to repay the difference in price if the benefits are not delivered; ii. where the price was based on a lower valuation for a particular use - conditions may be imposed to return any increase in value to the authority, if the use of the property is changed or the expected benefits are not delivered; and iii. if the property itself is important to the community - arrangements may be made to enable the authority to recover the property if it is no longer used by the community body for the agreed purpose (or the community body is wound up). 4.5 However, the relevant authority may specify its own conditions to protect its interest so long as these are appropriate and proportionate. 4.6 The usual triggers for the implementation of conditions are if the project fails, the community transfer body (CTB) is wound up, or it seeks to dispose of the property, either by sale or lease, for a purpose other than was expected at the time of transfer. 4.7 The terms set out in the contract must be clear, setting out the trigger points for the condition to be activated and the basis for calculating any repayment. Appropriate and proportionate 4.8 In most asset transfer cases, there will be other organisations providing funding to the project in addition to any concession given by the relevant transfer authority. Excessive requirements for repayment or conditions on asset transfer could restrict the ability of the CTB to attract funding and to develop new projects over time thereby making the project unviable. 4.9 Proportionality should take into account: • the value of the concession granted; • the scale of the authority‘s contribution within the overall project; and • the time within which benefits are expected to be delivered. 4.10 In some cases, the contribution provided by funding bodies may be substantially greater than the value of the concession granted by the relevant authority, or even greater than the value of the property, especially when there is significant redevelopment or new build planned. Any conditions applied Page 6 of 24
Page 7
5 should therefore recognise the scale of the relevant authority‘s interest within the overall project. 4.11 Similarly, the duration of the protection mechanism should reflect the amount of discount compared to the expected benefits. It may be appropriate for the amount to be returned to reduce over the period within which the benefits are expected to be delivered. Any mechanism which restricts the use of the property should take account of the community body‘s need to develop in the longer term. ___________________________________________________________________ 5. Beechwood Community Centre 5.1 Beechwood was valued by the Estates team at £100,000. The CTB has offered to pay £5,000 representing a discount of 95%. This is offset against a range of community benefits, most significantly, of keeping the asset operating as a community centre for the benefit of the local community. 5.2 In addition, asset transfer of the asset will generate revenue savings to the Council of over £33,000 per annum and estimated short and long-term repair costs in excess of £750,000. 5.3 In relation to the three main ways the guidance suggests relevant authorities can seek to protect the discount in the transfer of ownership, the Council could i. Seek to recover the difference in price, £95,000, if the benefits proposed are not delivered. If this condition is to be applied, consideration will be required of how benefits would be monitored as well as the timescale and threshold which would trigger the condition. A condition such as this may negatively impact the CTB’s ability to raise external funding thereby threatening the viability of the project. ii. Require the CTB to return any increase in value to the local authority, if the use of the property is changed or the expected benefits are not delivered. It is officer’s view that any increase in value will only be achieved through carrying out extensive repairs which are likely to be funded through charitable contributions, grants and external funding. Similar to above, this condition will require monitoring of benefits and agreement on timescales and thresholds and is likely to be considered detrimental by funders thereby restricting access to external funding and threatening the viability of the project. iii. Make arrangements to recover the property if it is no longer used by the community body for the agreed purpose (or the community body is wound up). As a SCIO, Your Community, Your Space has provision in its constitution that on winding up, any surplus property (after the satisfaction of liabilities) passes to another charity or community body for community benefit. The Council could set a condition that, in the Page 7 of 24
Page 8
6 event the asset is no longer used by the community body for the agreed purpose (or the community body is wound up), the asset would return to the Council (with all associated liabilities). ___________________________________________________________________ 6. Asset Transfer of Beechwood Community Centre – Proposed Conditions 6.1. A primary concern of the Sub-Committee at their meeting in March 2025 was protecting the future use of the asset for the benefit of the wider community. It is therefore suggested that any conditions applied focus on this aspect as opposed to any repayment options thereby limiting any detrimental effect on the CTB’s ability to secure external funding. 6.2. Permitted use is a normal key component of the formal CAT decision notice and subsequent minute of agreement. This can be enhanced to be very specific about the types of use and conditions, for example: The asset being transferred may only be used as a community centre for the benefit of the immediate Shortroods community and wider Paisley area. To satisfy use as a community centre, the purchaser must i) offer or facilitate delivery of activities which meet the learning, social or wellbeing needs of the community and/or as may be requested by the community from time to time; ii) permit others to hire or otherwise use space in the centre for the delivery of activities which meet the learning, social or wellbeing needs of the community; iii) enable members of the community to hire the space for community events and for social use such as birthday parties, weddings, etc. 6.3. In addition we will specify that the community transfer body must agree to i) establish a bespoke forum to contribute to the running of the centre for community benefit to comprise YCYS Board members and local residents in equal numbers; ii) actively seek to recruit members to the organisation from the local community and to co-opt up to two such members as full trustees of the charity in accordance with their constitution; and iii) permit access to the asset by Renfrewshire Council officers and submit a report on activity in each of the first 5 years following the transfer for the purpose of monitoring permitted use and expected benefits (as detailed in the asset transfer request). 6.4. Renfrewshire Council reserves the right to revoke the asset transfer decision and seek to recover the asset in the event that: iv) the permitted use is not complied with; v) the asset is no longer used by the community body for the agreed purpose; or Page 8 of 24
Page 9
7 vi) the community body is wound up within 5 years of the transfer having taken place. 6.5. The period for invoking the condition above will be 5 years from the date of transfer. 6.6. Renfrewshire Council will establish a 5-year strategic partnership agreement with the community transfer body for the purpose of monitoring the permitted use and delivery of key outputs and outcomes. 6.7. Officers will bring a report on progress and activity to the CAT Sub Committee (or its equivalent Board) at the end of year 1, year 2 and year 5. ______________________________________________________________ Implications of the Report 1. Financial – None. Other than those covered in the body of the report. 2. HR & Organisational Development – None. 3. Community Planning Our Renfrewshire is well – the CAT supports the wellness and resilience of our citizens and communities by maintaining and building on a community resource. 4. Legal (a) Conditions required to be detailed in the CAT decision notice and be set out in the ensuing contract via a formal legal mechanism such as a Minute of Agreement and Standard Security. (b) A formal offer from the CTB must be received within 6 months of decision to approve. (c) Sale must be concluded within 6 months of a formal offer being submitted by the CTB. 5. Property/Assets – Cat requests seeks approval to dispose of the asset reference 123069028. 6. Information Technology – None. 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. Page 9 of 24
Page 10
8 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) CAT Request for Beechwood Community Centre, Shortroods Road, Paisley PA3 2QY, Paisley; Infrastructure, Land & Environment Policy Board, Community Asset Transfer Subcommittee, 19 March 2025 ________________________________________________________________ Author: Sandra Inrig – 0141 487 1447 or 07974 071238. sandra.inrig@renfrewshire.gov.uk Page 10 of 24
Page 11
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. Item 2 Page 11 of 24
Page 12
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 Page 12 of 24
Page 13
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 Page 13 of 24
Page 14
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; Page 14 of 24
Page 15
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. Page 15 of 24
Page 16
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. Page 16 of 24
Page 17
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. Page 17 of 24
Page 18
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 Page 18 of 24
Page 19
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. Page 19 of 24
Page 20
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. Page 20 of 24
Page 21
Page 12 of 286Page 21 of 24
Page 22
2 ___________________________________________________________________ To: Infrastructure, Land & Environment Policy Board Community Asset Transfer Sub-Committee On: 21 May 2025 ___________________________________________________________________ Report by: Chief Executive ___________________________________________________________________ Heading: Community Asset Transfer Request – Calderglen Playing Fields, Lochlip Road, Lochwinnoch - Update ___________________________________________________________________ 1. Summary 1.1 The purpose of this report is to inform the Sub-Committee of an administrative error in the processing of the asset transfer request concerning Calderglen Playing Fields and to seek approval to pause the formalisation of the asset transfer, pending a re-consultation on the current application submitted by Calderglen Community SCIO ___________________________________________________________________ 2. Recommendations 2.1 It is recommended that the CAT Sub-Committee:- (i) Note the contents of this report; and (ii) Approve the Head of Economy and Development and the Head of Corporate Governance to pause the formalisation of the transfer to recommence the public consultation process for the current application submitted by Calderglen Community SCIO. ___________________________________________________________________ 3. Background 3.1 The CAT Sub-Committee approved the asset transfer of Calderglen Playing Fields, which form part of Lochwinnoch Public Park, to Calderglen Community SCIO on 28 August 2024. Item 3 Page 22 of 24
Page 23
3 3.2 It has come to officer’s attention that, in this instance, the Council did not publish the asset transfer request in accordance with Regulations 6 and 7 of The Asset Transfer Request (Procedure) (Scotland) Regulations 2016 (the Regulations) which set out arrangements for how other people are to be made aware that an asset transfer request has been made, and how they can make representations about it. 3.3 The Regulations state that the relevant authority must 6(1) give notice of the making of the asset transfer request; and 7(1) publish a notice in accordance with this regulation, which 7(2)(a) be published on a website or by other electronic means and (b) be displayed at a public place in the vicinity of the land to which the asset transfer request relates. 3.4 A notice with all documents relating to the asset transfer request was published on the Council’s website and was issued to OneRen and the Lochwinnoch Community Council in accordance with the Regulations, however, a notice was not displayed in a public place. This has been an genuine administrative oversight on the part of officers. ___________________________________________________________________ 4. Proposed Action 4.1 This matter has been discussed between the Head of Economy and Development and the Head of Corporate Governance. 4.2 In order to comply with the regulations, it is proposed to pause the formalisation of the asset transfer and to recommence the consultation process for the current application by Calderglen Community SCIO, including the placement of a site notice on the application site. The notice will also again be displayed on the Council’s website. 4.3 The site notice will be displayed for the mandatory 20 working days, with a further 20 working days allowed for the community transfer body to respond to any representations received. The application will then be considered at a subsequent CAT Panel meeting, where officers will once again provide their recommendations to the Sub-Committee. 4.4 Following the outcome of the consultation, a further report will be submitted to a subsequent meeting of the Sub-Committee to update elected members on the consultation results and the CAT Panel’s recommendations. ______________________________________________________________ Implications of the Report 1. Financial – None. All costs are met from within existing approved budgets 2. HR & Organisational Development – None. Page 23 of 24
Page 24
4 3. Community Planning – not applicable. 4. Legal (a) Conveyancing of the asset transfer request has been paused and the community transfer body informed. 5. Property/Assets – Report concerns the transfer of asset reference 123095682. 6. Information Technology – None. 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) CAT Request for Calderglen Playing Fields, ILE CAT Sub-Committee, 28 August 2024 ________________________________________________________________ Author: Sandra Inrig – 0141 487 1447 or 07974 071238. sandra.inrig@renfrewshire.gov.uk Page 24 of 24