Active Asset Transfer Request for Land at Kilmory Home Farm
Asset Transfer under the Community Empowerment (Scotland) Act 2015
NOTICE OF ASSET TRANSFER REQUEST
An Asset Transfer Request has been made to ¾ÅÐãÖ±²¥ under Part 5 of the Community Empowerment (Scotland) Act 2015.
A request has been made by the Kilmory Woodlands in respect of Land at Kilmory Home Farm on the 14 June 2019.
The requests is for a 99 year lease of the land for £1 per annum.
The proposed use of land is:
- To provide sports facilities at Kilmory Woodlands including a rugby, pitch, running track, shooting targets and BMX tracks.
The documents relating to the request can be viewed below
Representations had to be made by: 19 July 2019
Reasons for the request
- The Mid ¾ÅÐãÖ±²¥ Rugby Football Club does not have a suitable area of ground on which to construct a pitch. It has identified the proposed site would be ideal for the purpose.
- The Mid ¾ÅÐãÖ±²¥ Athletics Club does not have a suitable area of ground on which to construct a track. It has identified the proposed site would be ideal for the purpose.
- Mid ¾ÅÐãÖ±²¥ Shooting Club does not have a suitable area of ground on which to construct target sports facilities. It has identified the proposed site would be ideal for the purpose.
- Forestry Enterprise Scotland is wishing to further develop its BMX tracks in the area and Kilmory Woodlands would provide a focus point.
- The development of sports facilities will be a major factor in improving health and well being of young people.
- They will promote equality and inclusion. They will focus to include disabled people in all sports and to ensure opportunities are available for women/girls in sport.
- They are planning a phased development, working with national bodies for sport and the community through local grass roots clubs.
Level and nature of Support
- Residents in Mid ¾ÅÐãÖ±²¥ were invited to a public meeting where any concerns raised have been examined and solutions sought.
- Local residents were consulted to clarify that the access to their properties would not be adversely affected.
- There are no known negative issues so long as access is provided across Kilmory Park industrial estate. Macleod Construction Limited have given an assurance that access across Kilmory Park will be provided.
The Council has evaluated the request and issued a decision notice to the Organisation who made the request within six months from the validation date setting out its decision and the reasons for it.
Reasonable grounds for refusal are as follows:
- The request or accompanying documentation was not sufficiently robust to give confidence that the plans and benefits will be achieved, it is not clear whether anticipated funding sources have been applied for and none have been awarded; the request has not adequately identified relevant costs including initial investment, ongoing running costs and end of project costs or how the project will be funded in the future.
- There is currently no access to the site which is crucial to its development. While the group have obtained a letter offering access rights there is no detail of what this will entail of what cost they might incur when trying to use the access. Access is some way from the town and entry to the site other than through the new Industrial Estate is limited to a private road off the main road or through the council car park and gardens;
- While the asset has been identified surplus to requirements and is zoned for community use, it is integral to the development of the Kilmory Industrial Estate as set out in the Council’s Concept Framework Master Plan 2015. The benefits to be achieved by the request would be outweighed by the proposal potentially adversely affect and jeopardise the development of the Kilmory Industrial Estate. As part of that development the Service require to retain rights of way to enable the installation of power and water to allow for the development set out in the framework plan, and as the plan is revisited and amended as required in relation of the layout of the phases, some of the land may be required to be incorporated into the development plan.
- The consideration of the project related benefits, sustainability, equality and best value within the asset transfer request was weak and 99 year lease would provide the community transfer body with security and exclusive right to the land while concerns remained about the deliverability of the project. In addition any other development of the site or other groups wishing to utilise the site would be required to fit within the confines of Kilmory Woodlands aims and objectives
Date Determined: 14 October 2019 – Date Recommendation upheld: 17 December 2019
For more details of how the Act works read our Community Asset Transfer page or for other places to get support our Asset transfer support page
If you require further information, or to inspect any documents or information accompanying the asset transfer request, contact us directly at asset-transfer@argyll-bute.gov.uk and we will make these available to you in electronic form until such time as the asset transfer request is determined.
You could also make a Freedom of Information Request.
