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4. CAT - Cabinet - 07.06.2021 - Final

North Ayrshire Council · 7 June 2022
Back to Cabinet — 7 June 2022 and its agenda

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NORTH AYRSHIRE COUNCIL 
7 June 2022 
Cabinet 
Title:    Community Asset Transfer 
Purpose:  To seek approval for the transfer of ownership of Thornhouse
Avenue Tennis Courts, Irvine to Irvine Tennis Club. 
Recommendation:  That Cabinet:   
a) Agrees to the asset transfer of Thornhouse Avenue Tennis
Courts, Irvine from North Ayrshire Council to Scottish
Incorporated Charitable Organisation (SCIO), "Irvine Tennis
Club;”
b) Approves the recommended terms of transfer on this
occasion at 1% of the property valuation of £113,000
(totalling £1130); and 
c) Authorises officers to conclude the associated legal and
community asset transfer processes for Thornhouse Avenue
Tennis Courts. 
1. Executive Summary 
1.1 The report proposes the community asset transfer of Thornhouse Avenue Tennis
Courts, Irvine from North Ayrshire Council to the Scottish Incorporated Charitable
Organisation (SCIO) "Irvine Tennis Club.” 
1.2 The transfer of the tennis courts will provide a sustainable base for local community
activity focusing on tennis and physical activity. The proposed uses include a range of
events and activities which contribute to the Club’s key objectives. 
1.3 This report recommends that Cabinet agrees to the transfer of Thornhouse Avenue
Tennis Courts, Irvine with an associated 1% of the property valuation of £113,000
(totalling £1130) applied. This reflects the condition of the facility, the Club’s
investment to date and the potential social return on investment. The report also
recommends that officers should be authorised to conclude the process under these
terms.   
2. Background 
2.1    Under the terms of the Community Empowerment (Scotland) Act 2015, community
asset transfer provides an opportunity for people to be involved in developing and
providing opportunities or services for their local communities. It may also allow

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groups to develop commercial ventures, which will support community benefit. Asset
transfer may also mean that public assets get used more frequently and more
effectively. Furthermore, community-led ownership may allow additional opportunities
for groups to secure extra funding or resources. 
2.2 The tennis courts were created in the 1940’s and they have been part of the local
community for approximately 70 years. In recent years, the courts have fallen into a
very poor condition. The temporary structure that was previously on site was removed
several years ago leaving the courts without a changing facility. As a result, the courts
have lain unused for the past few years. There are currently 3 full size courts and 1
singles court on the site with a further vacant space on which the small building used
to be located. 
2.3 Irvine Tennis Club has been successfully operating Thornhouse Avenue Tennis Courts   
for the past 4 months under a lease arrangement with North Ayrshire Council. In that
time, the Club members have delivered a range of remedial works at the courts and
have brought them back into a playable condition. The Club has already attracted
around 160 adults and 130 children to the tennis courts, all participating in the initial
tennis sessions put on during summer 2021. There is potential to double that figure
There are now regular weekly sessions in place which are regularly over-subscribed.
To date,170 local people have indicated their intent to become members of Irvine
Tennis Club. The community asset transfer will provide the required legal status for the
Club to attract external funding which will be invested to develop the courts, deliver a
range of opportunities to the local community as well as further enhance the facility.   
2.4   Sport is a major contributing factor in bringing communities together. A sports club is a
focal point where children can attend clubs, parents can interact, local people can
meet with each other. People feel safer, valued and part of the community where
there are clubs, activities, and facilities. The ownership of the asset will support Irvine
Tennis Club to contribute towards this community cohesion.   
2.5 There is currently no tennis provision in Irvine and those who wish to play need to
travel significant distances from their local community, incurring additional costs. Irvine
Tennis Club has identified local demand for the facility and the alternative uses for the
site are limited. The provision of a fit-for-purpose tennis facility in Irvine will ensure that
inclusive activities can be provided for residents and visitors alike, increasing physical
activity, reducing social isolation and improving quality of life and well-being. 
2.6    Irvine Tennis Club is committed to providing an inclusive and accessible environment
for local people of all ages and economic backgrounds to participate in and enjoy
sport. They are keen to see more people participating in tennis to keep active, to
socialise and, potentially, to compete. The Club are committed to preventing low
income and poverty being a barrier to sport and are passionate about physical activity
and sport being accessible to all. To assist with this, one of the courts will be retained
for free, public access with the other three accessible by members and used for
events and competitions. 
2.7 Bringing the courts back into use and increasing the range of events and activities
within an improved facility will encourage a wider range of people to get involved.
Participants will benefit from being more physically active and engaged in sport. This
will support several strategic and policy areas relating to physical activity, diet and
healthy weight as well as positive mental health and wellbeing.  Opportunities for local

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volunteering will increase, stimulating involvement in shaping and regenerating
community life, building self-esteem and confidence. 
2.8 Although formed relatively recently, the Club have already developed strong links with
Tennis Scotland and sportscotland. They have close relationships with Tennis
Ayrshire and the local tennis clubs (see appendix 1). Key members of other local
clubs have assisted and supported the new club, sharing experiences, offering advice
and building capacity.  Irvine Tennis Club has also been working with Active Schools
to ensure the links between the Club and the local schools, including pupils at
Lockhart Campus. These relationships will continue to build and strengthen the impact
of the Club’s activities. The Club has agreed to assist in the delivery of summer
holiday activities, specifically targeted at those most vulnerable in local communities,
in order to assist with the recovery from the impact of lockdown on children and young
people, as well as helping in reducing the impact of child poverty. In addition, they are
keen to support the North Ayrshire Fairer Food Network. 
2.8   The Club has been supported by the NAC Funding Officer and has been successful in
securing awards to do the initial, essential works to the courts. The three key areas for
further development are the provision of floodlights, reconfiguring the space to meet
national requirements needed to host competitions and the replacement of a
clubhouse for changing, racquet hire etc. The community asset transfer will be the first
step in progressing towards these aspirations. The Club has a strong business plan
highlighting these key areas for investment in order to continue the improvements on
site, as well as deliver an increased range of activities across age groups and socio-
economic groups. 
2.9 During the summer of 2021, the Club undertook the work necessary to bring the
courts up to playing condition. This provided an opportunity to engage with the local
community, who could see the visual evidence of improvement as it happened. An
online survey was carried out with results showing overwhelming support for the
Club’s aspirations to acquire the courts. In addition, several offers of support came in
from the local community keen to volunteer and to be actively involved in the operation
of the facility.  There were 81 respondents (39 male and 42 female), with 67 from
Irvine, 8 from immediate surrounding areas and the remaining 6 from other
neighbouring towns in Ayrshire. 100% agreed with the suggestion of establishing a
tennis club in Irvine with only 1 out of the 81 disagreeing that the club should own the
courts. 
2.10 The Community Empowerment Act provides that while relevant authorities have a duty
to secure Best Value in their operations, including when disposing of or letting
property, it has long been recognised that best value does not always mean the
highest possible price. All authorities have the ability to dispose of property at less
than market value where there are wider public benefits to be gained. This is set out in
the Disposal of Land by Local Authorities (Scotland) Regulations 2010, and in the
Scottish Public Finance Manual for other relevant authorities. The financial and 
non-financial impacts, both positive and negative, of the different options must be
balanced. The price proposed reflects the courts’ previous condition, the investment
the club has made to date, and full community ownership will facilitate the
implementation of comprehensive business plan proposals for envisaged
development. The site’s development potential is limited as it’s allocated open space

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within the LDP2. All Community Asset Transfer agreements are safeguarded with
‘claw-back’ provisions.  
3. Proposals 
3.1 It is proposed that Cabinet: 
a) Agrees to the asset transfer of Thornhouse Avenue Tennis Courts from North
Ayrshire Council to Scottish Incorporated Charitable Organisation (SCIO), "Irvine
Tennis Club;”
b) Approves the recommended terms of transfer on this occasion at 1% of the
property valuation of £113,000 (totalling £1130); and
c) Authorises officers to conclude the associated legal and community asset transfer
processes for Thornhouse Avenue Tennis Courts, Irvine. 
4. Implications/Socio-economic Duty 
Financial 
4.1   Through the transfer of the assets, the Council will achieve an overall capital receipt of
£1130. The Community Empowerment (Scotland) Act 2015 guidance clarifies the
difference between ‘market value’ and ‘social value’ and the importance of recognising
the social value when agreeing the sale price. The Club has already attracted funding
from external sources to assist with the reinstatement of the courts. Further external
funding is expected to follow as community ownership is formalised, bringing the asset
back into full community use. 
Human Resources 
4.2 None. 
Legal 
4.3 The Local Government (Scotland) Act 1973 places a statutory obligation on the
Council to obtain the best price or the best rent when it disposes of any asset by sale
or lease.  These regulations permit a disposal at less than the best price achievable
where either (a) the property is valued at less than £10,000, or (b) the Council has
compared the financial cost of transfer against the community benefits and
determined that the transfer is reasonable and promotes either economic
development or regeneration, health, social well-being or environmental well-being. 
Equality/Socio-economic 
4.4 There will be considerable socio-economic benefits from the transfer and the sum
proposed reflects the community benefits. These include a variety of positive impacts
for the communities of Irvine as described in the report. 
Environmental and Sustainability 
4.5 The transfer seeks to provide sustainable community facilities through securing the
open space in Thornhouse Avenue for recreational purposes. In addition, the

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replacement clubhouse will be as environmentally friendly as possible with thoughtful
consideration given to its construction and operations. 
Key Priorities 
4.6 The proposals contained within the report support the following North Ayrshire Council
Plan priorities: 
•  Active and strong communities 
•  Inclusive, growing and enterprising local economy 
•  People enjoy good life-long health and wellbeing. 
Community Wealth Building 
4.7 This proposal supports the following pillars of community wealth building: 
• Advancing community enterprises; 
• Advancing local ownership of underused land and buildings; and  
• Supporting local business activities and increasing the variety of ownership
models. 
5. Consultation 
5.1 The consultation required in terms of the Community Empowerment (Scotland) Act
2015 for a community asset transfer application has now concluded.  The outcome is
outlined in section 2.9. 
5.2 Consultation has taken place with Economic Development, Streetscene, Finance,
Estates, Property Maintenance and Investment, and Legal Services. All parties are
supportive of the proposal for the listed assets. 
Audrey Sutton
Executive Director (Communities and Education) 
For further information please contact Rhona Arthur, Head of Connected Communities,
on (01294) 324415. 
Background Papers
Plan of Thornhouse Avenue Tennis Courts - Appendix 1

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Appendix 1 - Plan of Thornhouse Avenue Tennis Courts 
1
Irvine Tennis Club was established in April 2021, re-opening the tennis courts at Thornhouse Avenue
in Irvine and enabling local residents to have access to a local tennis facility again after a period of
many years when the facility lay unused and unuseable. The Club has ambitious plans, for the Tennis
Club and for the future of the site in Irvine. 
Thornhouse Avenue Tennis Courts in the early 1970s but dating back to at least 1948 
post-World War 2 times. 
1.2 Irvine Tennis Courts 
Tennis courts were established on the site at Thornhouse Avenue in a location close to Irvine Town
Centre back in the post war 1940s and for 70 plus years these were well used by the community. The
courts are currently owned by North Ayrshire Council. As detailed in the aerial photograph below the
courts are located around 550 metres from Irvine High Street and close to a key arterial bus route
which connects with the town centre, making them easily accessible by local residents. 
IRVINE TENNIS COURTS

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Appendix 1 - Plan of Thornhouse Avenue Tennis Courts 
2
There are currently 3 full size courts and 1 singles court on the site, with a further vacant space on
which a small building used to be located from which racquets could be hired and fee payments taken. 
This building has long since been removed although a concrete slab foundation remains and is clearly
visible on the photograph below. The courts are surrounded by a 6m high fence which is in good repair. 
As the aerial picture shows below the site is surrounded by housing on 3 sides and faces on to
Thornhouse Avenue at the front, from where it is accessed by car and by foot. 
Nearest alternative facilities