Planning experts have welcomed the decision and called for "urgent clarification" of ACV legislation and guidance to ensure the regime is used as originally intended by Parliament.
The Neighbourhood Council had made a 'community right to bid' application for the golf course to be ACV listed under provisions in the Localism Act 2011 which enable nominations of land and buildings with a current use that furthers the "social wellbeing or interests" of the community.,
The application was made following plans by developer Rowland Homes to provide a 175-home scheme at the golf course. An ACV listing would enable the Neighbourhood Council to notify the local authority that they wish to bid for the listed land if it is put up for sale and then be given six months to compile a bid.
The City Council rejected the application because it said that the principal use of the land was a private members golf club and that the use and associated social wellbeing and social interests of the land were therefore "not a non-ancillary use" as required by the legislation.
The application had also failed to demonstrate that there was a "realistic" prospect that the planned future use of the land would further the social interest and wellbeing of the local community, the City Council said.
"The Ingol case reflects a worrying trend of nominations being submitted on sites and buildings earmarked for development similar to the way in which village green applications were being used before recent changes," said Mike Pocock, planning expert with Pinsent Masons, the law firm behind Out-Law.com.
"However, whilst the motivation of the nominating body is not a relevant factor it still has to engage with the legislation. In this case, the Council came to the right decision as it is clear that the nomination did not satisfy legislative criteria as the use claimed was not the principal use of the site. In any event, it must be seriously questionable as to whether a site totalling nearly 180 acres can be listed as an Asset of Community Value," Pocock said.
Liz Wiseman, also planning expert with Pinsent Masons, said that cases like this make it clear that the ACV legislation and accompanying guidance needs "urgent clarification". "Without such clarification there will continue to be increasing amounts of nominations that seek to test the parameters of what may be listed as an Asset of Community Value. Nominations for golf courses, and even sports stadiums, were clearly not within the contemplation of Parliament when it promoted the legislation,“ Wiseman added.
