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11/11/2013

Old Trafford - Asset of Community Value - official decision notice from Trafford Council

Notice of Decision
 
Nomination of land or premises as an asset of community value
 
Land or premises:
 
The Old Trafford Football Stadium consisting of a football pitch, spectator stands, 
 
surrounding forecourt areas & car parks set out in the title plans with title numbers 
 
GM724607, MAN26591 and GM36528.
 
Reasons for the decision:
 
(i) The community nomination includes all the information required by law and was 
 
properly made by MUST which is an Industrial and Provident Society which applies at 
 
least part of its surpluses for the benefit of Trafford residents and whose activities are 
 
partly concerned with the Trafford area.
 
(ii) The primary use of Old Trafford Football Stadium is for football matches. It is a 
 
stadium of iconic and international value which engenders civic pride in the local 
 
community of Trafford, Salford and Manchester. 
 
(ii) It furthers social wellbeing and recreational and sporting interests for the local 
 
community by engendering interest in the sporting and recreational activity of football; 
 
providing opportunities for the local community to socialise, particularly those who might 
 
otherwise be isolated socially and helps to provide the local community with a sense of 
 
identity. 
 
(iii) Manchester United have made it clear that there is no prospect of the football club 
 
moving from the stadium therefore it is realistic to think that there can continue to be use 
 
of the stadium which will further social well-being and social interests. 
 
Effect of the decision:
 
Consequences of Listing
 
The land remains on the list of assets of community value for a period of 5 years from 
 
the date of this notice unless removed earlier under the provisions of the Assets of 
 
Community Value (England) Regulations 2012 (the Regulations).
 
Inclusion of the land in the list of community assets is a local land charge under the 
 
Local Land Charges Act 1975.
 
The Council must apply to the Land Registry for a restriction to be added to the 
 
registered title of the land that “No transfer or lease is to be registered without a 
 
certificate signed by a conveyancer that the transfer or lease did not contravene section 
 
95(1) of the Localism Act 2011”.
 
Under section 95 of the Act an owner must notify the Council by writing to the Corporate 
 
Director, Economic growth and Prosperity at the Town Hall, Talbot Road, Stretford, 
 
M32 0TH if they wish to make a relevant disposal of the land. Relevant disposal is 
 
defined in section 96 and (subject to exemptions in section 95(5) and Schedule 3 of 
 
the Regulations) means, a freehold disposal or the grant or assignment of a qualifying 
 
leasehold interest, with vacant possession.
 
A moratorium period is triggered by notification the purpose of which is to allow any 
 
community interest group to submit a written request to be treated as a potential bidder 
 
for the land. Owners are advised to refer to the Localism Act 2011 and the Regulations 
 
in full and to seek legal advice if they wish to dispose of the land. A disposal of listed 
 
land which contravenes the requirements of the Act and Regulations will be ineffective.
 
Under the Localism Act 2011 you cannot be compelled to sell your property at less than 
 
market value or to a community interest group. The purpose of the legislation is to give 
 
interested community interest groups the time and opportunity to prepare a bid.
 
Right of Review
 
In accordance with section 92 of the Act the owner of the land is entitled to request a 
 
review of this decision. The review will be carried out by a senior officer of the Council. 
 
A request must be made in writing and received by the Council within 56 days of the 
 
date of this notice or such longer period as the Council may agree in writing. 
 
The Council will complete the review within 56 days of receiving the request or longer if 
 
agreed with the owner in writing. A request must be addressed to Corporate Director, 
 
Economic growth and Prosperity at the Town Hall, Talbot Road, Stretford, M32 0TH 
 
Right to Compensation
 
An owner or former owner of the land is entitled to claim compensation from the Council 
 
where they have incurred loss or expense in relation to the land which would be likely 
 
not to have been incurred if the land had not been listed.
 
A claim for compensation must be made in writing within 91 days of the loss or expense 
 
being incurred; must state the amount of compensation sought for each part of the claim 
 
and be accompanied by supporting evidence.
 
If a claim is made the Council will consider the claim as expeditiously as possible. A 
 
request must be addressed to the Corporate Director, Economic growth and Prosperity 
 
at the Town Hall, Talbot Road, Stretford, M32 0TH.
 
Further information about Assets of Community Value can be found on the 
 
Department for Communities and Local Government website. This includes links 
 
to the relevant legi

Notice of Decision 

Nomination of land or premises as an asset of community value 

Land or premises:

The Old Trafford Football Stadium consisting of a football pitch, spectator stands, surrounding forecourt areas & car parks set out in the title plans with title numbers GM724607, MAN26591 and GM36528. 

Reasons for the decision: 

(i) The community nomination includes all the information required by law and was properly made by MUST which is an Industrial and Provident Society which applies at least part of its surpluses for the benefit of Trafford residents and whose activities are partly concerned with the Trafford area. 

(ii) The primary use of Old Trafford Football Stadium is for football matches. It is a stadium of iconic and international value which engenders civic pride in the local community of Trafford, Salford and Manchester.  

(ii) It furthers social wellbeing and recreational and sporting interests for the local community by engendering interest in the sporting and recreational activity of football; providing opportunities for the local community to socialise, particularly those who might otherwise be isolated socially and helps to provide the local community with a sense of identity.   

(iii) Manchester United have made it clear that there is no prospect of the football club moving from the stadium therefore it is realistic to think that there can continue to be use of the stadium which will further social well-being and social interests.  

Effect of the decision: 

Consequences of Listing 

The land remains on the list of assets of community value for a period of 5 years from the date of this notice unless removed earlier under the provisions of the Assets of Community Value (England) Regulations 2012 (the Regulations). 

Inclusion of the land in the list of community assets is a local land charge under the Local Land Charges Act 1975. 

The Council must apply to the Land Registry for a restriction to be added to the registered title of the land that “No transfer or lease is to be registered without a certificate signed by a conveyancer that the transfer or lease did not contravene section 95(1) of the Localism Act 2011”. 

Under section 95 of the Act an owner must notify the Council by writing to the Corporate Director, Economic growth and Prosperity at the Town Hall, Talbot Road, Stretford, M32 0TH if they wish to make a relevant disposal of the land.  Relevant disposal is defined in section 96 and (subject to exemptions in section 95(5) and Schedule 3 of the Regulations) means, a freehold disposal or the grant or assignment of a qualifying leasehold interest, with vacant possession. 

A moratorium period is triggered by notification the purpose of which is to allow any community interest group to submit a written request to be treated as a potential bidder for the land.  Owners are advised to refer to the Localism Act 2011 and the Regulations in full and to seek legal advice if they wish to dispose of the land.  A disposal of listed land which contravenes the requirements of the Act and Regulations will be ineffective. 

Under the Localism Act 2011 you cannot be compelled to sell your property at less than market value or to a community interest group. The purpose of the legislation is to give interested community interest groups the time and opportunity to prepare a bid. 

Right of Review 

In accordance with section 92 of the Act the owner of the land is entitled to request a review of this decision.  The review will be carried out by a senior officer of the Council.  A request must be made in writing and received by the Council within 56 days of the date of this notice or such longer period as the Council may agree in writing.   

The Council will complete the review within 56 days of receiving the request or longer if agreed with the owner in writing.  A request must be addressed to Corporate Director, Economic growth and Prosperity at the Town Hall, Talbot Road, Stretford, M32 0TH  

Right to Compensation 

An owner or former owner of the land is entitled to claim compensation from the Council where they have incurred loss or expense in relation to the land which would be likely not to have been incurred if the land had not been listed. 

A claim for compensation must be made in writing within 91 days of the loss or expense being incurred; must state the amount of compensation sought for each part of the claim and be accompanied by supporting evidence. 

If a claim is made the Council will consider the claim as expeditiously as possible.  A request must be addressed to the Corporate Director, Economic growth and Prosperity at the Town Hall, Talbot Road, Stretford, M32 0TH. 


 

Further information about Assets of Community Value can be found on the Department for Communities and Local Government website. This includes links to the relevant legislation. 


 

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