ll Suitable for the proposed use


ll Capable of meeting legislative compliance such as asbestos, electrical certification etc


Organisation Community organisations have to demonstrate their links to the local community, support of Council objectives and their sustainability by:


ll Being community led and properly constituted


ll Having articles and memoranda of association or other constituting documents that are compatible with Council priorities and objectives


ll Demonstrating that they have the skills and capacity within or available to its management team to effectively provide services and manage an asset


ll Demonstrating how they will build capacity within their organisation


ll Having a clear purpose and being engaged in economic, social or environmental regeneration within the area compatible with the Council’s priorities and objectives


ll Ideally having a track record in project delivery and property management


Project In respect of the asset transfer project itself; there needs to be a robust, realistic and achievable business plan and the project must be capable of meeting funding requirements. Business plans should clearly identify:


ll At least 5 years revenue or capital funding plans and financial projections relating to managing and operating the asset


ll How the group will invest in and maintain the asset, including a specific plan as to how all health and safety responsibilities will be met


ll The planned outcomes and social, economic and environmental benefits arising from the transfer


It is acknowledged that most groups will not be in a position to provide all of this information at the outset. However the initial assessment process enables the Council and the organisation to establish what needs to be achieved to develop a full business plan. Thereafter the Council has to assess the risks and benefits of holding a property for future transfer.


Next steps


The next stage of development of our policy on Public Asset Transfer is to agree what, if any, concession to the purchase price will be given to community organisations to reflect the community benefit of their projects. A decision in this respect is due before the end of September so I will keep readers posted.


MANORIAL RIGHTS Alastair Paul


Alastair Paul worked in estate management and consultancy for a private practice based in East Anglia, acting for a number of significant private estates and agricultural land portfolios. He joined Knight Frank in 2008 to focus on providing management and consultancy advice to privately, corporately and publically owned estates and investment portfolios in the Home Counties and East Anglia. He has an in-depth knowledge of the issues of land ownership on the “urban fringe” including advising on prospects of future development. Alastair also deals with Compulsory Purchase Schemes. Alastair.Paul@ knightfrank.com


Alastair Paul of Knight Frank’s Rural Consultancy Department explains why institutional land owners should be thinking about Manorial Rights


In the last couple of years we have seen an increase in sales and in some


54


cases purchases by institutional landowners. Retained rights of access and development overage or claw back are the subject of many hard fought negotiations but I wonder how often, if ever, the question of manorial rights is raised.


We are probably all familiar with one


form of such rights, namely Chancel Repair, following the 2009 High Court ruling which resulted in a Mr and Mrs Wallbank having to sell their farm to pay their £200,000 chancel repair liability (and their £250,000 legal bill for fighting the case - unsuccessfully). However, lift the lid on this arcane sounding area of land law and you will find the figures


THE TERRIER - Summer 2012


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