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Thursday 28 May 2015

Knowle relocation project: an application to list Knowle park as an Asset of Community Value: rejected by District Council

Last month, an application was made to create a community asset from the complete parkland at Knowle:
Futures Forum: Knowle relocation project: an application to list Knowle park as an Asset of Community Value

This has now been rejected by the District Council:

‘Community asset’ application refused by council

12:31 26 May 2015
EDDC's Knowle HQ. Ref shs 7701-15-12SH Picture: Simon Horn
Campaigners have expressed their disappointment after a bid to safeguard Knowle’s parkland was rejected this week
The move by the Knowle Residents’ Association (KRA) to register the whole of the site as an ‘asset of community value’ was turned down by East Devon District Council (EDDC).
If successful, it would have given the group a chance to put together a financial bid to buy the parkland.
But KRA chairman Keith Northover said, despite the refusal, the group would be happy if proposals to gift the site to Sidmouth Town Council went ahead as planned.
He said: “We are disappointed, but at the moment we are not prepared to put in another application because we don’t want to wrong-foot the town council.
“We only intended to do this in order to save the park for use by the residents of Sidmouth.”
An East Devon District Council spokesman said that the application had been refused because the Knowle Residents’ Association had tried to register the whole of the Knowle site - including the car parks and access road - which ‘did not meet the criterion that constitute a community asset’.
‘Community asset’ application refused by council - News - Sidmouth Herald

This is the full letter:

Nomination: Knowle Park
Community Right to Bid – Community Asset

Thank you for the submission for the land at Knowle Park, Sidmouth as the Knowle Residents Association. It has been determined that the land, which was the subject of the nomination, does not meet the definition of an Asset of Community Value, as set out in section 88 of the Localism Act for the following reason:

The principle use of the land application is rejected on the basis that not all of the land sought to be included on the list falls within the definition of ‘land of community value’ (pursuant to S.88 of the Localism Act 2011) on the basis that it includes land which is in ancillary use to the Council’s use of the buildings on the site or their functions generally. In that regard it includes the access road, car parks and depot / maintenance site. On that basis it fails to meet the criteria of S.88 (1) (a) and, in addition, S.88 (2) (a) Localism Act 2011 to be eligible for listing.

There is no formal right to appeal for a nominating organisation. However, I am aware that the land is being offered/transfered to Sidmouth Town Council to keep as park land. I am unaware of the exact details or the timings of this transaction.

The nomination will be recorded in the register of unsuccessful Community Asset nominations with effect of 18th May 2015 and, will remain on the register for a period of 18 months from that day.

See also:
Civic Voice | Campaigns | Assets of Community Value
Community Assets
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