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On 22 February 2025, Cheltenham Borough
Council received a nomination form to list Hardwick Green as an
asset of community value. The nomination was submitted by St Paul's
Road Area residents association - SPRA

In line with our agreed process, on 19 March 2025 the nomination
form was considered by an assessment panel made up of the Head of
Communities, Wellbeing and Partnerships, a representative from One
Legal and myself who as Director of Communities & Economic
Development, has the authority to make the decision under the
Councils Constitution, part 3E.3 and Appendix A.

On 4 April, the Council was in receipt of an objection to the
nomination from the University of Gloucestershire. The substantive
part of the objection was that the community use of the site was
ancillary to its main use as part of Hardwick Campus. The objection
was discussed by the assessment team and the nominator was given
the opportunity to resubmit the nomination form.

The nominator resubmitted the nomination form on 24 April
2025.

The University of Gloucestershire submitted a further letter of
objection on 22 May 2025 setting out further clarifications about
the site.

To further understanding of the site, myself in conjunction with
the Head of Communities, Wellbeing and Partnerships undertook a
site visit on 5 June 2025.

On 24 June 2025, the resubmitted nomination form, the two letters
from the University, along with the notes from the site visit were
considered by the assessment panel made up of the Head of
Communities, Wellbeing and Partnerships, a representative from One
Legal and myself.

On 3rd July 2025, the University subsequently confirmed to the
Council that the sale of Hardwick Green to the Developer, completed
on the 2nd July 2025.

Following consideration of the resubmitted nomination form, the two
letters from the University and the notes from the site visit, my
decision is that Hardwick Green be added to Cheltenham Borough
Council’s list of Assets of Community Value.

The registered owner and leaseholder have been kept informed of
proceedings and will be directly informed of this decision
alongside the nominator. For the avoidance of doubt both the
University, and the Developer will be informed of the
Council’s decision.

Reasons for the decision

The nomination was assessed against the
following set criteria:
A. Is the nominating organisation eligible?
B. Can the nominating organisation demonstrate a local connection
to the asset?
C. Does the nomination include the information requested on the
nomination form?
D. If the asset is outside one of the categories of exempt assets,
as set out in schedule 1 of the regulations?
E. Is there evidence of the use being described in the nomination,
and that this is the main and non-ancillary use of the land or
premises, or this has been its use within the last 5 years?
F. Does this use further the social wellbeing and social interests
of the local community?
G. Could the asset realistically continue to be used for this, or
another qualifying community purpose (or could this be achieved
within the next five years)?
H. Is there any evidence that the local community feel strongly
that the asset should be retained as a community asset?

I confirm that in my opinion, St Paul's Road Area Residents
Association – SPRA satisfies the criteria set out in Section
89 of the Localism Act 2011 and Regulations 4 and 5 of the Assets
of Community Value (England) Regulations 2012 to act as nominator.
Although SPRA is an unincorporated group, it has submitted a list
of 21 signatures of people who are registered to vote with the
local authority area.

I am also satisfied that the Hardwick Green meets the criteria set
out under Section 88 of the Localism Act 2011 in that it furthers
the social wellbeing and social interests of the local community.
The nominator has supplied evidence that the land is well used by
local residents for a variety of recreational purposes and that
these activities contribute to the wellbeing of the
community.

There is evidence this use has been ongoing for at least 5 years
and there no reason to assume that this will not continue in the
future if the land remains accessible to the public.

I am also satisfied that the land does not fall within any of the
exemptions set out in Schedule 1 of the Assets of Community Value
(England) Regulations 2012.

It is noted that this decision has taken longer than the eight-week
period prescribed by Reg 7 of the 2012 Asset of Community Value
Regulations. Due to the ambiguity in the Regulations additional
legal advice was taken in order to inform this decision. However,
this does not invalidate the decision.

I am therefore arranging for the site known as Hardwick Green to be
added to Cheltenham Borough Council’s list of Assets of
Community Value.

Alternative options considered

None identified