Decision

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