Community Management of Assets Procedure

Determining which application route applies

Available CMA Arrangements

Appendix 1 provides an overview of the example CMA arrangement types available to community groups, the application route for each arrangement type and initial points of contact:

• Enquiries about daily, hourly or seasonal hire of a space or facility are managed by the relevant venue or the owning service of the asset.
• Enquiries about longer term arrangements than the above, such as a licence to occupy or a short or long-term lease at lower-than-normal chargeable rate, will be initially assessed to determine available options and, if suitable for CMA, progressed by CAFM via one of two routes: Route 1 or Route 2 (outlined below).
• Interested Groups should contact their Local Neighbourhood Team in the first instance to discuss their proposal.
• If a proposal is suitable for CMA, Groups can contact the CMA Officer for further information about the process and next steps.

Initial Assessment of Enquiries

Appendix 2a outlines the Community Management of Assets Enquiry Assessment Process, which determines which CMA arrangements are potentially available to groups and the appropriate application route.

• The Neighbourhood Team will assist Groups with the initial development of their proposal, to help gather the relevant information required to progress their enquiry.
• Once a Group has outlined their initial proposal, the Council's CMA Officer will discuss the Group's requirements with them and facilitate an initial review of the proposal with impacted services.
• If the proposal is suitable for CMA, the CMA Officer will contact the Group to outline the potential CMA arrangements available to the Group and discuss the appropriate application route.

Route 1 (licence or short-term lease):

Route 1 is the application route for a licence or short-term lease of an asset or part of an asset, at less than normal charge rate.

It is a shorter process to recognise the lower level of responsibility being transferred from the Council to a community group.

A process map for Route 1 can be found at Appendix 2b.

Route 2 (long lease / Community Asset Transfer):

Route 2 is the application route for a long-term lease at less than normal charge rate or Community Asset Transfer. It is a longer, more intensive procedure to recognise the level of responsibility transferred from the Council to the successful community group when entering into a long-term lease or complex asset management project.

Whilst a long-term lease can enable eligible groups to bring wider benefits to the community, it is important that groups take time to understand the level of commitment required to apply for such an agreement and the level of responsibility that comes with managing and developing an asset moving forward, should your application be successful.

Process maps outlining the key stages of Route 2 can be found at Appendices 2c and 2d.

Eligibility

Local community-based organisations whose activities are wholly or primarily concerned within Calderdale may apply.

Transfers under Route 2 can only be completed by incorporated organisations with legal rights and responsibilities. However, expressions of interest can be made by organisations proposing to become incorporated during the process.

There are various types of incorporated bodies which may complete a transfer. Each must be established as not for profit. These include but are not limited to:

• A Community Amateur Sports Clubs (CASC)
• A Community Interest Company (CIC)
• A Charitable Incorporated Organisation (CIO)
• A Town/Parish Council or Community Council
• A co-operative or community benefit society

Please refer to the Community Management of Assets Policy for further details about organisations who may apply.

The process:

Entry point

Typically, groups enter application Route 2 via one of two entry points:

• Community Demand: a community group enquires about an asset to enable them to deliver a project in the community; early assessment of their requirements, together with availability of Council assets, determines that Route 2 is appropriate (as outlined in section 2.1 above and Appendix 2 a.)
• Council advertises an available asset: the Council identifies an asset is surplus to requirements and suitable for longer term community management and invites interested community groups to complete an expression of interest.

To see what assets are available for transfer, please see: Community Asset Transfers.

If there are no available assets listed on the Council's Community Asset Transfer page, groups can view the Council assets for a map of all major Council owned assets. Groups can contact Estate.Management@calderdale.gov.uk for further details.

Expression of Interest (EOI)

The first stage of all Route 2 applications is the completion of an Expression of Interest. Groups responding to an advertised community asset transfer opportunity will be asked to follow the instructions on the advert and submit their completed EOI by the date specified.

Groups invited to submit an expression of interest by the CMA Officer will be supplied with an EOI template, along with instructions for completion and a date for submission (normally within 1 calendar month).

After submission, Council Officers will undertake an initial assessment of suitability for community management. Ward Members will also be informed that the Council has received an EOI.

If required, applicants will be invited to attend a clarification meeting to clarify any areas of their EOI that require additional information. Applicants may be asked questions relating to the proposal, the group, uses of the asset, financial and legal matters.

Following clarification, the EOI will be assessed by Council Officers from the impacted Council services

The CMA Officer will contact applicants to confirm whether the EOI has been accepted.

Appendix 2c outlines the EOI stage of Route 2.

Submission of a Business Case

If their EOI is successful, the CMA Officer will invite the Group to submit an Initial Business Case (IBC) within a specified timescale.

To initiate this part of the process, the CMA Officer will provide the Group with an information pack about the asset. The CMA Officer will also signpost the Group to support partners such as Locality, who can provide additional support and guidance with preparing a business case, signposting to potential funding opportunities or to support for the development of the Group's organisational capacity and structures.

The Group will be asked to submit their initial business case within 3 months of the asset information pack being sent to them. Groups may request a progress meeting with the CMA Officer during this period if they have any questions about the process. It should be noted however that groups are fully responsible for following up any signposted support and conducting any required activity to ensure the preparation and submission of required documents within the stipulated timescales.

Following submission, the Initial Business Case will be assessed by the Community Management of Assets Group (CMAG), comprising Legal Services, Corporate Asset & Facilities Management (CAFM), Finance and Economy, Housing and Investment.

CMAG will evaluate the application and either reject the proposal or invite the Group to submit a Final Business Case. The Group will be advised what further work is needed to build their Initial Business Case into a Final Business Case.

After submission of a Final Business Case, CMAG will either reject the proposal or make a recommendation to Delegated Authority.

Transfer

Following approval, the CMA Officer will advise applicants in writing of the decision.

The Council's Legal Services will prepare the appropriate legal documentation to put into effect the transfer of the asset. This will include a lease and Joint Working Agreement (JWA).

The Route 2 Business Case Submission and Transfer Processes are outlined in Appendix 2d.

At each stage of the process, the CMA Officer will update the Group to advise of the progress and next steps. Additional support can be signposted to groups by the CMA Officer and partner organisations such as Locality. It should be noted however that the Group is fully responsible for the preparation and production of required documents within the stipulated timescales.

Discretion over when it is most appropriate to consider an application by the shorter Route 1 or the longer and more intensive Route 2 procedure will be discussed with the Group and assessed by Council officers.

Expressions of Interest will be assessed using the Expression of Interest Assessment Form. This form will be completed by Council officers using their professional knowledge and experience to reach a decision.

The Initial and full Business Case(s) will be assessed by members of CMAG using the Business Case Assessment Form. Using their specialist knowledge, CMAG will complete this form and reach a decision.

The CMA Officer will confirm the decisions in writing. Any decisions to refuse an application will also contain the reasons behind the decision.

If a decision is made to reject an application at any stage in the process, then there will not be any further opportunity for the same group or any other group to submit an Expression of Interest. This will not only ensure that competing groups work together where possible to submit one Expression of Interest, but also that there is a maximum defined timescale for a decision to be made.

Expressions of Interests and Business Cases that are not received by the Council by the stipulated deadline and where an extension has not been agreed in advance, will not be considered. There is no appeal process available should a group be unhappy with a decision.

At any stage in this process, it may become apparent that there is more than one community group with an interest in a particular asset. Wherever possible, community groups will be strongly encouraged to collaborate with other interested parties to meet all stakeholders' aspirations for the asset. Where this is not possible, all parties interested in the asset will be asked to submit their proposal to be assessed using the Expression of Interest Assessment Form and Business Case Assessment Form. The resulting assessments will be compared against each other and a way forward agreed, based on this assessment. Where one proposal has already been assessed, no action will be taken until the competing idea has also been fully assessed. The exception to this will be where a full consultation has already been conducted and where there is evidence that there is majority support for one proposal. This will ensure that malicious or vexatious proposals will not be able to delay proposals that have genuine support from the wider community and users. For this reason, community groups will be encouraged by the Council to secure support from the wider community and interested parties at an early stage.

Where the assessment produces a similar result for both/all competing ideas, additional consideration will focus on the sustainability of the proposal and the impact on the wider community, particularly around the proposed purpose of the asset and the service to be delivered.

Business Case applications will be assessed by CMAG against five criteria:

1. The Group's capacity, skills and knowledge
2. Impact of the proposal on wider community and council objectives
3. The asset: building or land appropriateness and viability
4. Risk: can the Group manage this?
5. Financial assessment: are the Group's proposed plans financially viable and researched?

CMAG panel members will individually assess the relevant section(s) of the evaluation based on their professional knowledge and experience, which will result in a red, amber of green (RAG) rating for each of the criteria. Following their individual assessment, the CMAG panel will meet to discuss the overall evaluation of the business case, recommendations and next steps.

After the completion of a transfer, the CMA Officer will monitor the Group's progress, in line with the principal objectives and milestones set out in the Joint Working Agreement (JWA). This is to ensure that the Group and their activity continue to align with the objectives of community asset management and bring additional benefit to the community; and that any groups facing challenges and requiring additional support can be signposted to available resources and help.

The table below provides an overview of the types of management arrangement available to community groups. Due to the distinct nature of Council assets and proposals received, this list is not exhaustive and merely acts as a guide. Please refer to the Community Management of Assets Policy and Procedure for further details.

• Appendix 2a: CMA Enquiry Assessment Process Map(PDF 97KB)
• Appendix 2b: Route 1 Process Map (Licence or short term lease)(PDF 103KB)
• Appendix 2c: Route 2 Enquiry Process Map - Expression of Interest (EOI)(PDF 108KB)
• Appendix 2d: Route 2 Enquiry Process Map – Application and Transfer Process(PDF 128KB)