Agenda item

To receive the Report of the Asset Transfer Policy Rapid Scrutiny Exercise. – Please note that this report will be published as an agenda supplement.

The Chairman introduced a report within Agenda Supplement 1, which presented the findings and recommendations of the Asset Transfer Policy Rapid Scrutiny Exercise. It was noted that during the Overview and Scrutiny meeting, which took place in March, the Cabinet Member invited Overview and Scrutiny to look at the current Asset Transfer Policy and how the next version could be improved. This was completed in time to inform the town and parish council conference scheduled for 27th May.

The Chairman invited Cllr Ruth Hopkinson, Lead Member for the Exercise, to introduce the rapid scrutiny group’s report. Cllr Hopkinson provided an overview of the scrutiny exercise, which noted that the purpose of the scrutiny was to review thestrengths and weaknesses of the policy and to then recommend improvements, which would be taken as evidence to the Town and Parishes Conference on 27 May. Conclusions of the task group included that there was general support for the policy on financial service provision grounds but also general unhappiness about the implementation of the current policy. It was stated that Towns and Parishes should be viewed as partners within transfers, with a clear timetable and streamlined procedure focused on treating each transfer as a standalone project. Additionally, it appeared from the scrutiny that there did not seem to be sufficient resources allocated for the implementation of the policy.

The following comments were received by Members of the Committee, with previous examples of previous asset transfers in Devizes, Calne, Pewsey and Chippenham cited having shared differing experiences. The issue of land registry was discussed, with it acknowledged that previous asset transfers had been complicated due to confusion over which parties owned respective land. It was acknowledged that in the past, opportunities had been missed as Town and Parishes had not been treated as partners and that following the scrutiny of the policy, there is an opportunity to help Towns and Parishes embrace asset transfer to improve visual street scenes. Additionally, previous asset transfers had taken place with a silo mentality, which caused frustration by being too legalistic and expensive. It was therefore stressed that going forward the policy needed to be streamlined in order to enhance relationships with partners.

In addition, it was identified by the task group that there is a need for legal work to be conducted before asset transfers begin, rather than during the process. An example of this being of the transfer in Devizes which involved drawing upon expensive legal documents. A further comment was received regarding transparency of agreements, and that it would be positive for agreements to be published in order to understand ownership as well as clauses; with previous examples of uncertainty cited with Chippenham. It was questioned whether there could be a potential need for a service level agreement or binding document as part of the transfer process, in order to identify landowners, identify potential issues of finance and cost as well as timescales to agree outputs. It was also identified that there needed to be a method of comparing costs with potential income savings.

The following comments were received by the Leader, who acknowledged the complexities of transferring land whilst there was ongoing confusion of land ownership. Additionally, the Leader stated that not all of the issues came from a Wiltshire Council perspective, but that such time delays would be expected when taking legal advice. Cllr Clewer stated that his vision was for town councils to approach Wiltshire Council as they would be better placed to state what should be better done within their towns, with Wiltshire Council providing a basic service. The example of Salisbury Market Square was drawn upon, with it acknowledged that once the Market Square became the city’s asset, they became more empowered. Regarding finances, the Leader stated that it would not necessarily be net zero and would feature a mix of positive and negative deals from a cost savings perspective, with value varying from town to town.

Cllr Clewer stated that the recommendations were not a question of funding but ratherof resource and legal input required to move transfers through the system, with a clear policy that states which assets are not available along with clear timelines for those that are. In addition, it was noted that Overview and Scrutiny should not underestimate the legal situations involved, such as land ownership and contracts.

At the conclusion of discussion, it was,

Resolved:

To endorse the report of the Asset Transfer Policy Rapid Scrutiny Exercise and refer it, along with the additional issues raised during the Committee debate, to the Cabinet Member for response at the next meeting.