Community Asset Transfer (CAT) Programme FAQs
- What are the benefits for MKC and voluntary groups for this programme?
- If voluntary organisations are content with the status quo, what would be their motivation for taking on assets?
- What are the drivers behind this programme?
- How did you compile your list of assets? What’s on it? When and where can we see it? How did you choose what went on list? Is there negotiation/appeals process for the list?
- Is this agenda set to stay?
- What is the timescale for this to happen? Is there any negotiation on timescale? – It may take time to go through legal process, find funding, write a sustainable business plan etc
- How long do MKC see the total process for divesting individual assets lasting?
- Will the transfer of assets be done in a timely manner? Groups are concerned that they don’t want the process to take a long time, once a decision is made.
- Can we have more details on each option, and the potential implication for groups?
- If neither Parish Councils, nor groups want to take on asset, what happens?
- What can go wrong?
- Will new owners be free to do what they want with buildings? Will there be any terms and conditions imposed on new owners?
- Can local people appeal against decisions? Accountability of process to tax payers/local people?
- What happens if more than one group wants to take on the facility? Would you consider partnership bids? What would be the process for choosing the new owner?
- If no-one wants asset, will it be sold to private investors? Would there be any limitations imposed on them to use it as a community facility?
- Will MKC support centres to bring buildings up to standard before divesting?
- What support does MKC intend to provide in terms of information/advice, finance, physical improvements to building – before, during and after handover?
- If a group does not wish to TUPE existing staff, what will happen? What help will MKC give regarding redundancy payments?
- Will MKC provide funding for employment law advice/other legal advice, bearing in mind many groups may not have large reserves for this?
- Will MKC cut all ties with community centres? Will they continue to offer financial support for running costs?
- If groups have questions that are specific to their asset, what is the method for contacting MKC? Will 1:1 support be available?
- What is MKC’s communication plan with the VCS? How do groups who aren’t involved with community assets now get involved in this agenda?
- Do you have examples of assets being transferred to other local groups? Can we have contact details?
- Does MKC plan to offer any training for groups looking to take on assets?
- Could Parish Council’s perform the same function that Milton Keynes Council currently do in relation to supporting management committees ie: the Parish hold the lease for the asset and management committees continue to run the centre on a day to day basis?
- Is there section 106 Funding which could be pooled to support community centres?
- Will the support from the MKC Community Properties Team be continued, how can we use the resources and expertise built up over the years to support groups in the future?
- Available Support
- What is the timetable for the CAT programme?
1. What are the benefits for MKC and voluntary groups for this programme?
Benefits to MKC:
This project is a key transformational one for the Council with the key focus being to develop a programme of transferring community assets from Milton Keynes Council (MKC) to other relevant organisations in line with the principles of localism (and the emerging requirements of the Localism Act) and with a view to both preserving the community benefits of the assets concerned and securing a reduction in MKC revenue funding.
CAT will be proactive in using asset transfer as one of the tools to empower communities to help meet the strategic objectives of the Council; particularly in terms of service transformation and realising efficiencies. This programme, therefore, aims to create a transparent, positive and proactive framework to enable asset transfer from the Council to happen and be successful in the long term.
Benefits to Voluntary Groups / local community:
A chance to run your own community facility.
It is a tangible response to the “Big Society” and devolving power to neighbourhoods in an effort to enable citizen involvement and community action.
Changing ownership or management offers opportunities to extend the use of a building, increasing its value in relation to the number of people benefiting and the range of opportunities it offers.
More say over local community assets
It can in some cases result in the creation of new organisations and joint ventures with the ability to lever in additional resources, which would be unavailable to the Council acting independently.
2. If voluntary organisations are content with the status quo, what would be their motivation for taking on assets?
MKC recognise the value of enabling local community organisations to take more responsibility for local assets and want to empower these new arrangements with those organisations that may be best placed to achieve this within their localities.
MKC is looking for significant change in the management and ownership of assets going forwards to ensure that efficiencies are delivered. This means that MKC have to challenge the status quo and look for different solutions. Voluntary and community organisations will be invited to be a part of this change agenda.
3. What are the drivers behind this programme?
Much of this is summarized in the background section the specific policy drivers are:
4. How did you compile your list of assets? What’s on it? When and where can we see it? How did you choose what went on list? Is there negotiation/appeals process for the list?
The list was compiled after discussions with service managers across Milton Keynes Council.
The key strands are:
- Open Spaces
- Bereavement Services
- Play Centres and Youth Centres
- Libraries
- Arts & Heritage
- Leisure & Community
- Housing properties
This list was approved by Milton Keynes Council Cabinet on 17th January 2012. This list is available online along with a set of criteria questions for stage one and stage two applications for individual organisations. Such scoping and challenge will continue throughout the programme across the Council’s service areas. Already in Phase One approximately 40 properties have been identified as amenable to transfer to community partners, although this list is subject to change depending on the property’s status.
The ‘Toolkit’ is available to view for consultation (which ends on 24th April) outlining the Council’s approach to Community Asset Transfers.
A pilot has been undertaken and will include an initially a limited number of community assets across MK. These are:
- Green Park Community Centre
- Stony Stratford Library
- Simpson Village Hall
- Frank Moran Centre
- Downs Barn Pavilion & Sports Ground
The pilot project has been undertaken so that we can evaluate the feasibility of MKC’s proposed approach to Community Asset Transfer. We will be able to test whether our timescales for transfer are realistic and help us to understand a variety of elements and considerations related to the transfer process. We hope that it will provide us with proof that the adopted approach is a success in Milton Keynes. It will also provide us with ‘lessons learned’ on each individual transfer and enable the prediction of more accurate timescales for the delivery of Phase One.
These community assets have been chosen because they have a variety of arrangements involving partnerships and leases with management committees
This will help to inform the timeline of key stages and enable us to plan for the programme’s future success.
5. Is this agenda set to stay?
As part of the government’s ‘Big Society’ and the Localism Act – yes. MKC has to do something incredibly different to find a way of rationalising its community assets.
6. What is the timescale for this to happen? Is there any negotiation on timescale? It may take time to go through legal process, find funding, write a sustainable business plan etc
MKC have just finished the consultation stages of this process. Between February & March 2012 a series of consultation workshops have taken place across Milton Keynes. MKC hope that the pilot will provide some ‘quick wins’ refining where necessary from the lessons learned. MKC appreciate that property transfer will depend on capacity, skills and resources of the organisation taking over the building. MKC also have limited capacity for managing this process. Some transfers may be more complex and MKC recognise the need to be flexible.
Transfer is not something that will happen immediately. Phase one could take up to two years. Alongside this transfer of community assets work, there are also various areas of work MKC are looking to outsource through the different ways of services traditionally directly managed by the Council These may have an impact on your community centre: landscaping, grass cutting, street lighting, highways, traffic management; Development Control issues which includes enforcement and licensing.
The final list of assets went to Cabinet on 17 January 2012 and the papers (including the list) is available at the following address:
7. How long do MKC see the total process for divesting individual assets lasting?
This will very much depend upon the nature of the transfer. Some will be straightforward, others not so. The pilot project should test timescales and approach and MKC will learn lessons from each of these community asset transfers.
8. Will the transfer of assets be done in a timely manner? Groups are concerned that they don’t want the process to take a long time, once a decision is made.
A phased approach is considered to be the best and most sensible way forward. Presently around (40) properties have been scoped for potential asset transfer under phase one. The toolkit will outline our approach.
MKC have researched best practise used by other local authorities and agencies to develop a criteria for Milton Keynes to manage any risks in asset transfer, to ensure long-term sustainability and delivery to the local community. This will involve a two stage application process that is both transparent and proactive, to enable asset transfer from the Council to happen and be successful in the long term. Stage One applications should be completed to determine if anything might derail the asset transfer at a later date. If the community partner meets the criteria they will be invited onto the next stage where they will be expected to develop a viable business plan.
9. Can we have more details on each option, and the potential implication for groups?
Option 1
Freehold (Phase 1)
This means the freehold will be transferred to an organisation at the same time as ensuring that the community asset stays available for continuing community use in the long term.
This could mean there are more locally managed facilities, and better opportunities to shape services to users wants and needs. The potential owner will need to show through the application process that they are capable of delivering an efficient service.
Option 2
Freehold (Phase 1)
The owner organisation would hold the freehold and there is a possibility that they can buy back services from the council such as staff with a particular expertise or the Council delivers a service within the asset under a partnership agreement with the freehold owner. This will ensure business continuity and ensure customer familiarity.
The above options will come under phase one of the programme (estimated 2012-14)
Phase 2 – Option 3
Retention: borough wide / strategic/ income generating and wider tender.
If the asset is considered to have strategic, or borough wide importance, and of benefit to people from different communities it would be retained by Milton Keynes Council and packaged with a range of other council properties to be outsourced under a trust/contract arrangement. Facilities that have not been transferred under options 1 or 2 would fall into option 3.
This is considered to be phase two of the programme (estimated 2014-16)
10. If neither Parish Councils, nor groups want to take on asset, what happens?
A solution will be negotiated on a case by case basis. This is an opportunity: There will be no closures if not taken up: A status quo will exist. There is the potential for a long term lease, but this is not a preferred solution for Milton Keynes Council. In phase one CAT largely focuses on the transfer of the freehold to another organisation. Although throughout the country long term leases have been the local authority’s preferred option.
If there are properties not devolved under Phase 0ne (Option 1 or Option 2) they are likely to go into Phase Two (Option 3).
11. What can go wrong?
The Council will wish to see community use maintained and therefore will impose restrictions which would be included in the transfer documentation as appropriate to the property. It is unclear at this stage what these clauses will be. A service level agreement is being considered to ensure both parties are clear about their responsibilities and expectations MKC have
12. Will new owners be free to do what they want with buildings? Will there be any terms and conditions imposed on new owners?
MKC can impose restrictions on leases, and include asset locks and clawbacks and clauses so buildings can remain for continuing community use. MKC is committed to providing buildings for wider community use.
13. Can local people appeal against decisions? Accountability of process to tax payers/local people?
Under the Localism Act there will be a measure of social value and all transfers will be looked at on the basis of best value principles. This means inviting bids in an open and transparent manner.
14. What happens if more than one group wants to take on the facility? Would you consider partnership bids? What would be the process for choosing the new owner?
The proposed ‘Toolkit’ (for consultation) will outline the approach to be taken. Following these guiding principles will ensure that asset transfers are treated in a fair, open and transparent way.
15. If no-one wants asset, will it be sold to private investors? Would there be any limitations imposed on them to use it as a community facility?
In this case, MKC would then retain and /or package together a range of facilities and put out to a wider trust or contract arrangement which is option 3. (phase 2) Clauses to protect community use can be written into the contract. These clauses may include: User Group protections and ensuring ongoing commitment to council priorities and performance targets. The set up of a Strategic Management Committee that is centre based and involving the local community are vital too to ensure that services/activities are driven by the needs of the local community.
16. Will MKC support centres to bring buildings up to standard before divesting?
MKC understand that investment may be needed for initial improvement works to individual properties to ensure they meet modern day standards.
The community partner will meet their own legal and surveying costs as part of the transfer. Additionally, post-transfer the community partner will be responsible for all statutory property tests and inspections and there will be an expectation by MKC that they have sufficient financial resources to fully maintain the building.
Ultimately no asset transfer will be made if the cost after transfer exceeds the cost of retaining the service in-house (relative to assets MKC operates currently).
Preference will be given to organisations that have the capacity to source external investment to ensure the building is fit for purpose.
17. What support does MKC intend to provide in terms of information/advice, finance, IT, physical improvements to building – before, during and after handover?
MKC has limited resources to provide support to groups. However there are external support organisations which can be accessed for help ranging from building the capacity of your organisation to specific advice about Asset Transfer. Milton Keynes Community Enterprise has been recruited to provide help for organisations around business planning and preparing themselves for a bid.
18. If a group does not wish to TUPE existing staff, what will happen? What help will MKC give regarding redundancy payments?
This depends on each case what shall happen but TUPE will apply as it is a legal requirement. Although the Govt announced it may consult next year on trying to minimise TUPE regulations for charity’s taking on assets/contracts
19. Will MKC provide funding for employment law advice/other legal advice, bearing in mind many groups may not have large reserves for this?
MKC will incur its own internal costs of transfer. However the third party will need to pay for their own legal costs and advice. (as highlighted in question 1 above.) See 17 above.
20. Will MKC cut all ties with community centres? Will they continue to offer financial support for running costs?
MKC recognises that there may be significant advantages to a phased handover – this will depend upon the situation (if MKC have been running it as an operational asset prior to the community partner taking possession). MKC will retain the link with the centre in the future.
21. If groups have questions that are specific to their asset, what is the method for contacting MKC? Will 1:1 support be available?
MKC plan to hold talks in respective areas and will operate meetings for those interested community partners in a staged / engaged process.
A web link with a generic email :asset.transfer@milton-keynes.gov.uk has been set up to monitor this
Milton Keynes Community Enterprise will be holding support sessions for the pilots and provide further help to other organisations that wish to bid in the future.
22. What is MKC’s communication plan with the VCS? How do groups who aren’t involved with community assets now get involved in this agenda?
A Communication Plan has been put together with help from partners. Community Matters have been integral in the development of the toolkit for consultation. Current links with Community Action: MK will help to broaden the message. A series of road show style events during Feb/Mar 2012 as part of the consultation programme has taken place across MK.
23. Do you have examples of assets being transferred to other local groups? Can we have contact details?
Until now we have dealt with leasehold and management agreements within MKC, not freehold. However there are many other councils across the whole country which have undergone similar community asset transfers. We have particularly looked at examples from:
- Birmingham City Council,
- Swale
- Bristol City Council
- Somerset Council
24. Does MKC plan to offer any training for groups looking to take on assets?
The Council currently doesn’t have the capacity to directly provide this, but Milton Keynes Community Enterprise has been recruited to provide some help to organisations in preparing a bid.
25. Could Parish Council’s perform the same function that Milton Keynes Council currently do in relation to supporting management committees ie: the Parish hold the lease for the asset and management committees continue to run the centre on a day to day basis?
This would be a matter for individual parish and town councils to consider. Each case will need to be considered.
26. Is there section 106 Funding which could be pooled to support community centres?
As part of the change in the way MKC is working and a strand of this programme it was to have a bigger voice in Development Control issues, input to decisions and how s.106 monies are spent, plus enforcement and licensing issues.
27. Will the support from the MKC Community Properties Team be continued, how can we use the resources and expertise built up over the years to support groups in the future?
Clearly the number of people within the Council will need to be reviewed as the number of assets the Council owns decreases over time
28. Available Support
Please click here to view the
available support.
29. What is the timetable for the CAT programme?
| Tranche |
Asset |
Applicant/s |
Stage One Status |
Stage Two Status |
Transfer Progress |
|---|
| PILOT |
Simpson Village Hall |
Simpson &
Ashland Parish
Council |
Complete |
Complete |
Approved by delegated decision - awaiting final transfer |
|---|
| PILOT |
Frank Moran Centre |
West Bletchley
Town Council |
Complete |
Complete |
Approved by delegated decision - awaiting final transfer |
|---|
| PILOT |
Green Park Community Centre |
Newport Pagnell
Town Council |
Complete |
Complete |
Approved by delegated decision - awaiting final transfer |
|---|
| PILOT |
Downs Barn Pavilion |
Great Linford
Parish Council |
Complete |
Complete |
Approved by delegated decision - awaiting final transfer |
|---|
| PILOT |
Stony Stratford Library |
Stony Stratford
Town Council |
Complete |
Complete |
Complete |
|---|
| |
Woughton Leisure Centre |
Milton KeynesCollege/
Hertsmere Leisure
Trust |
Stopped |
- |
Scale of investment too great to proceed. |
|---|
| TRANCHE
ONE |
Loriner Place Depot |
Murugan Temple
Trust/
Great Linford Scout Group |
Complete |
- |
|
|---|
| TRANCHE
ONE |
Rickley Park Sports Ground |
West Bletchley
Council |
Complete |
Complete |
Asset approved by delegated decision. Awaiting final transfer. |
|---|
| TRANCHE
ONE |
Fishermead Sports Ground |
Campbell Park
Parish Council |
Complete |
Complete |
Approved by delegated decision - awaiting final transfer |
|---|
| TRANCHE
ONE |
Crosslands Depot |
Residents Ass'n
for Stantonbury |
Complete |
In progress |
- |
|---|
| TRANCHE
ONE |
Duncombe Street Comm. Centre |
- |
Post-poned - committee is restructuring |
- |
Awaiting management committee restructure. Status to be reviewed in May 2013 |
|---|
| TRANCHE
TWO |
Woolstone Sports Ground |
Campbell Park
Parish Council |
Complete |
Complete |
Delegated decision expected on May 28th |
|---|
| TRANCHE
TWO |
Loughton Pavilion & SG |
Loughton Parish
Council |
Complete |
Complete |
Approved by delegated decision - awaiting final transfer |
|---|
| TRANCHE
TWO |
West Bletchley Comm. Centre |
West Bletchley
Council |
Complete |
In progress |
- |
|---|
| TRANCHE
TWO |
Bancroft Meeting Place |
Bancroft M.P.
Management Committee |
Complete |
In progress |
- |
|---|
| TRANCHE
TWO |
Great Linford Pavilion & SG |
Great Linford
Parish Council |
Complete |
In progress |
- |
|---|
TRANCHE THREE |
Wavendon Gate Pav & SG |
Walton Community Council with Wavendon Gate Pavilion Ltd |
Complete |
- |
- |
|---|
TRANCHE THREE |
Denbigh Hall Sports & Social Club |
Denbigh Hall Sports & Social Club C.I.C. |
Closed |
- |
- |
|---|
TRANCHE THREE |
Shenley Brook End Community Centre |
Shenley Brook End and Tattenhoe Parish Council |
Closed |
- |
- |
|---|
TRANCHE THREE |
Great Holm Community Centre |
Stopped |
|
- |
- |
|---|
TRANCHE THREE |
Willen Pavilion & Sports Ground |
Campbell Park Parish Council |
Closed |
- |
- |
|---|
TRANCHE FOUR |
George St. Community Centre |
Bletchley & Fenny Stratford T/C |
Deadline revised to May 28th |
- |
- |
|---|
TRANCHE FOUR |
Browns Wood Sports Ground |
Walton Community Council & Wavendon Gate Pav Ltd |
Closed |
- |
- |
|---|
TRANCHE FOUR |
Toombes Field Sports Ground |
Stony Stratford Town Football Club |
Closed |
- |
- |
|---|
TRANCHE FOUR |
Shenley Lodge Meeting Place |
Shenley Brook End & Tattenhoe P/C and Shenley Lodge Meeting Place |
Closed |
- |
- |
|---|
TRANCHE FOUR |
Bradville Hall & Tennis Courts |
Bradville Hall Community Centre Management Committee |
Closed |
- |
- |
|---|
TRANCHE FIVE |
Olney Centre |
- |
Closes Fri 21st June 2013 |
- |
- |
|---|
TRANCHE FIVE |
Wolverton Recreation Ground |
- |
Opens 24th May 2013
| - |
- |
|---|
TRANCHE FIVE |
River Valley Meeting Place |
- |
Opens 25th May 2013
| - |
- |
|---|
TRANCHE FIVE |
Chepstow Drive Community Centre |
- |
Opens 30th May 2013
| - |
- |
|---|
TRANCHE FIVE |
Monkston Community Centre & Pavilion |
- |
Opens 31st May 2013
| - |
- |
|---|
