Council Meeting 14 January 2021
Assets of Community Value

1. Community Nominations by the Council to register the Red Lion, the car park and the
toilets as assets of community value have been made and withdrawn in 2017 and 2020.
A fresh community nomination can be made at any time.
2. At an informal meeting of the Planning Working Group on 4 January 2021, open to all
members of the Council, the view was taken generally that in the light of the recent
planning application submitted by the owner of the Red Lion, in order to protect its
interests in the car park and toilet block the Council should seek to have listed as an
asset of community value the area covered by the Council’s lease.
3. Standing Order 11 provides that a resolution (whether affirmative or negative) of the
Council shall not be reversed within 6 months except either by a special motion, the
written notice whereof bears the names of at least 7 councillors of the Council, or by a
motion moved in pursuance of the report or recommendation of a committee.
4. At the Extraordinary Council meeting on 21 August 2020 it was proposed by Councillor
Miller, seconded by Councillor Hurley and RESOLVED (eight voted for, none voted
against) that:
(i) following discussion with the owner of the Red Lion and the assurances given by
him to re-open the pub on a specified date, the Council withdraws the community
nomination to list the Red Lion and the car park as an asset of community value.
(ii) If the pub does not re-open on the specified date, the matter be reported back to
Council for reconsideration.
5. It is arguable that any new resolution to make application for listing of all or part of the
Red Lion landholding as an ACV would be rescinding the resolution of 21 August 2020
in a period of less than 6 months since it was made.
6. Equally it could be said that the current circumstances are so fundamentally different
that any application would be an entirely separate matter and thus not having any
reference to the previous resolution.
7. To ensure that any resolution cannot be subject to legal challenge it would be best that if
any resolution to make application to list all or part of the subject land be made by a
special motion bearing the names of at least 7 councillors.
8. Seven councillors present at the meeting have now submitted a special motion, which is
presented to the Council for consideration.
Graham White
Parish Clerk
7 January 2021

Special Motion

Proposed by Councillor Lansdell

Seconded by Councillor Elmer

Supported by Councillors Cathcart, Dent, Price, Wombwell and Woodcock

That the Council submit to Babergh District Council a Community Nomination to
list Red Lion Car Park and toilets as an Asset of Community Value.