Content

a) to note the content of the report and agree
the principle of moving from informal to formal engagement with
Harwich Town Council, Frinton & Walton Town Council,
Brightlingsea Town Council and the Harwich Society on the subject
of Community Asset Transfer – the bodies that have to date
expressed an explicit interest in exploring the potential of
transfer in the context of LGR;
b) to agree the Proposed Programme of Work in respect of pre-LGR
Community Asset Transfer set out within the report and instruct the
Corporate Director – Planning and Community to proceed with
the implementation of that programme;
c) to instruct the Corporate Director – Planning and
Community to carry out a review of the Council’s existing
framework of strategy, policies, programmes and procedures in
respect of Council-owned assets and for an updated framework to be
brought before Cabinet for consideration and approval in line with
the proposed programme of work between April and June 2026;
and
d) to note and agree that resource implications will be revisited
once there is a clearer indication from the participating bodies as
to which TDC assets are being considered for transfer and that any
decision on the budget for appointing external expertise in respect
of valuation, business case development/analysis and legal support
will be taken by the Cabinet in due course, as would any subsequent
decision about the transfer of specific assets.

Reasons for the decision

To progress from what has previously been
informal discussion with Harwich Town Council, Frinton & Walton
Town Council, Brightlingsea Town Council and the Harwich Society
about the potential for the transfer of TDC assets to a formal
process with clearly defined stages and governance arrangements and
an understanding of potential resource implications – if
those transfers are going to be considered ahead of Local
Government Reorganisation.
This follows from an initial discussion with TDALC (Tendring
Association of Local Councils) in early 2025 where Town and Parish
Councils were invited to discuss whether there might be an appetite
for the transfer of certain assets ahead of LGR either on a
freehold or leasehold basis in the interest of ongoing effective,
efficient and sustainable operation and given that the prospect of
Local Government Reorganisation has raised concerns in some
quarters about the risk of localism being diluted and the
possibility of less attention, priority, funding and support being
given to projects, services and facilities operating at a local
level.
The transfer of TDC assets to these bodies might enable them to be
managed effectively and efficiently a more local level in the
public interest and reduce the likelihood or risk of them being
repurposed or disposed of by a future unitary authority in response
to competing financial pressures (such as education, transport and
adult social care).

Alternative options considered

To continue discussions with interested bodies
about Community Asset Transfer on an informal basis without putting
in place a defined programme of work and governance arrangements
and considering the resource implications would make it unlikely
for any transfer of assets to be achieved in the timescales
envisaged, and before the new shadow unitary authority with
decision making powers over asset transfers would come into
being.
An alternative to moving towards formal discussions about Community
Asset Transfer with Harwich Town Council. Frinton & Walton Town
Council, Brightlingsea Town Council and the Harwich Society could
be to abandon the idea of a managed process of exploring the
transfer of groups of assets, and simply leave those bodies to come
forward with proposals to obtain individual assets or groups of
assets, which can be considered against the Council’s current
Community Asset Transfer policy and property dealing procedures in
the normal, as opposed to a collaborative, way. The advantage of
this could be financial in that the TDC would not necessarily need
to make any special resource provision; but the disadvantage would
be that it would be less likely the transfer of assets would be
achievable within the timeframes remaining in the run-up to LGR and
the formation of the shadow unitary authority.