Decision relating to the Nomination of The Woodpecker Inn, High Street, Spetisbury, Blandford Forum, Dorset, DT11 9DJ as an Asset of Community Value
I write to notify Spetisbury Parish Council that Dorset Council has considered the nomination of the above property as an asset of community value under Part 5 Chapter 3 of the Localism Act 2011 and the Assets of Community Value (England) Regulations 2012. Kindly note that the nomination was submitted to North Dorset District Council whose statutory responsibilities have now transferred to the newly formed unitary Dorset Council and the decision was therefore made by the latter council.
The council has decided not to list The Woodpecker Inn as an asset of community value having considered the various tests required under the relevant legislation.
Our decision is as follows:
- the asset is within the council’s administrative area. This satisfies the legal requirement under Section 88 of The Localism Act, 2011 (The Act)
- the Woodpecker Inn is not an asset that is exempt from listing as an asset of community value as set out in The Assets of Community Value (England) Regulations, 2012, (The Regulations), Schedule 1
- the nomination was validly made by Spetisbury Parish Council under Section 89 of The Act and Regulation 4 of The Regulations
- the council does not consider that The Woodpecker Inn satisfies the requirements of Section 88 (1) (a) and (b) of The Act, because the current non-ancillary use no longer furthers the social wellbeing or social interests of the local community because the pub closed on 3 February 2019 and is up for sale or long-term assignment
- where a building or other land in a local authority's area is not land of community value as a result of Section 88 (1) of the Act, the building or land can be considered further under Section 88(2) of the Act. The council considers that Section 88 (2) (a) of The Act has been satisfied as The Woodpecker was, until recently, operating as a village pub and therefore was an asset of community value “in the recent past”
Evidence considered in support of this decision was that The Woodpecker was the only public house in the village of Spetisbury, provided a start and finish point for walkers, a meeting place for monthly ladies lunch meetings, quizzes and a monthly book club, that it used to be the venue for “radio plays” as part of the biennial village festival and provided bars at the festival and other events.
However, the council does not consider that the requirements of Section 88 (2) (b) of The Act have not been satisfied as no evidence has been supplied by the nominating body as to whether it is realistic to think that there will be a time in the next five years when there could be a non-ancillary use of the building and land that would further, (whether or not in the same way), social wellbeing or social interests of the local community. Furthermore, the owner has not provided any supporting evidence of any future use that would further the social wellbeing and social interests of the local community.
The council’s decision in respect of this does not preclude further nominations with more detailed information for consideration under this section of The Act.
- the council has also considered the owner’s assertions that the pub car park could not be considered as an asset of community value and believes that it could as it is in line with the First Tier Tribunal decision in Punch v Wyre Borough Council (CR/2015/0001). The council also considers that the presence of other pubs in the locality is also not relevant
Taking all of the above into account, it is therefore the council’s decision not to list The Woodpecker as an asset of community value. This is primarily because of the lack of information as to whether it is realistic to think that there will be a time in the next five years when there could be a non-ancillary use of the building and land that would further, (whether or not in the same way), social wellbeing or social interests of the local community under Section 88 (2) (b) of The Act.