Decision details

The Bell Inn - asset of community value nomination

Decision Maker: Director of Community & Economic Development - Tracey Birkinshaw

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

On 6th January 2025, Cheltenham Borough Council received a nomination form to list the Bell Inn, 70 Bath Road, Cheltenham, GL53 7JT an asset of community value. The nomination was submitted by an interested group of local residents.

 

In line with our agreed process, on 22nd January 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.

 

The assessment panel requested some additional evidence, and the nominator resubmitted the nomination form.  This was considered by the assessment panel on 17th February 2025.

 

Following consideration of the nomination form, the supplementary information and the assessment form with the assessment panel, my decision is that the Bell Inn, at 70 Bath Road Cheltenham, GL53 7JT be added to Cheltenham Borough Council’s list of Assets of Community Value.

 

Registered proprietors have been kept informed of proceedings and these proprietors alongside the nominator will be directly informed of this 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, the group of local residents 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. A list of 23 signatures was supplied all of which have confirmed that they appear on the electoral roll. It was noted that two of residents live in Gloucester, but the remaining 21 are from Cheltenham.

 

I am also satisfied that the Bell Inn 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 group of residents 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. The nomination form does not describe the regularity of the activities, but I am assured that this is not a consideration in determining as to whether the Bell Inn should be listed as an asset of community value.

 

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 pub remains open 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.

 

I am therefore arranging for site known as the Bell Inn, at 70 Bath Road Cheltenham, GL53 7JT to be added to Cheltenham Borough Council’s list of Assets of Community Value.

Alternative options considered:

None identified.

Other reasons / organisations consulted

The nominating group supplied evidence of community interest in retaining the building as a pub. This included a petition with 279 signatures.

The timescale for making the decision was set out in response to a public question to Council 21st February 2025

The Cabinet Member for Safety and Communities was updated on the assessment and this decision.

Publication date: 28/02/2025

Date of decision: 28/02/2025

Accompanying Documents: