ACV Confusion over council’s reasons for deferral

Confusion remains over Council’s reasons for deferring the decision as to awarding the White Hart an ACV. When asked for an application update, the council replied:

‘As I am aware, the Free Hold for the White Hart is not going to be on the open market. The owner as I understand is only willing to sell the lease on the property. Therefore as the ACV legislation only applies when the Freehold is up for sale, it would seem that purchasing the lease is the only option for residents to keep the White Hart as a functioning pub for the community. Looking at various correspondences and the Parish notice board it would seem that the residents aren’t willing to purchase the lease?

‘Therefore as we were unable to determine how the ‘Save the White Hart Campaign’ will take the White Hart forward as a community pub we were not able to decided on whether we could justify the ACV listing’.

First it is our understanding that the decision must be made on the information placed before them on the nomination form. And that on receipt of a valid nomination to list an asset as an Asset of Community value it shall be listed unless on the balance of probabilities it is not likely to further the community wellbeing or be self-sustaining in the next five years.

Secondly, the current main activity of the team is in developing a business plan to determine an appropriate operating model for a ‘community-led’ venture. This includes the creation of a start-up and 5 year budget and to establish sources of funding to support the venture through to a breakeven point after which the business would be self-financing and create a campaign fund for legal & other expenses involved in setting up the venture.

Although the ACV application was submitted by the parish council, the team will be pursuing all avenues in helping to get White Hart listed as an ACV and therefore provide the necessary protection our pub deserves.
As far as the team are aware there is currently no Planning Application for change of use and no appeal has been made to the planning refusal.