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There was submitted a report by the Chief Executive relative to a Community Asset Transfer request submitted in respect of the transfer of a small plot of land at Erskine Sport Centre to Erskine Arts. The application was set out in full as an appendix to the report.
The report provided an overview to Community Asset Transfer (CAT) legislation, the site, the applicant and the Council's process for determining applications.
The CAT request was validated on 24 June 2024 and sought a 25-year lease of the site at a rate of £0 per annum. The purpose of the application was to allow for the land to be used to create a community garden space that can benefit all users including a COVID memorial seating area and sound garden sculpture work.
Following submission of the application, interested parties were entitled to provide written representations. No negative representations had been received.
The application was initially considered by the Council's CAT Officer Panel on 29 July 2024 where it was agreed to recommend that this Sub-committee approve the request.
The Assistant Managing Solicitor (Litigation & Advice) provided advice in respect of the recommendations set out at section 2 of the report. The Sub-committee noted that a lease for £0 per annum was not in accordance with law and that a rate of £1 per annum would be more suitable. It was further noted that should the application be approved it should be subject to the completion of Erskine Art's transition to a two-tier structure which would see them become a valid community body under Part 5 of the Community Empowerment (Scotland) Act 2015.
Councillor Nicolson moved:
(a) That the Community Asset Transfer request for a long-term lease of the land at Erskine Sports Centre, as set out in the appendix to the report, to Erskine Arts at a rate of £1 per annum, subject to Erskine Arts becoming an eligible Community Transfer Body under Part 5 of the Community Empowerment (Scotland) Act 2015, be approved; and
(b) That the Head of Economy & Development and the Head of Corporate Governance be authorised to conclude the lease of the asset in accordance with the Act and on such terms as required to protect the Council’s interest.
This was agreed unanimously.
DECIDED:
(a) That the Community Asset Transfer request for a long-term lease of the land at Erskine Sports Centre, as set out in the appendix to the report, to Erskine Arts at a rate of £1 per annum, subject to Erskine Arts becoming an eligible Community Transfer Body under Part 5 of the Community Empowerment (Scotland) Act 2015, be approved; and
(b) That the Head of Economy & Development and the Head of Corporate Governance be authorised to conclude the lease of the asset in accordance with the Act and on such terms as required to protect the Council’s interest.