North Yorkshire Council should have given Pinewoods Conservation Group (PCG) the Right to Bid for Rotary Wood because of its status as an Asset of Community Value.
The Pinewoods has been an Asset of Community Value since 4th March 2015. It is registered as such on North Yorkshire Council’s Register of Assets of Community Value.
An ‘Asset of Community Value’ is an asset that furthers the social wellbeing or social interests of the local community (or has done in the recent past).
The Pinewoods location is defined as from Crag Lane to Harlow Moor Road to Valley Gardens (approximately 96 Acres). Rotary Wood is part of the Pinewoods.
The PCG is a registered charity: 1097890.
The Pinewoods was nominated as an Asset of Community Value by The PCG in both 2015 and 2025. This area was planted in collaboration with Harrogate Rotarians and is sometimes referred to as Area 4 by PCG. It was planted 20 years ago by community groups and local school children to commemorate the Rotary centenary and to tackle climate change.
The Pinewoods status as an Asset of Community Value does not expire until 3rd March 2025. As such the Asset of Community Value is considered in ‘Moratorium’ meaning nothing further will happen unless and until the owner decides to dispose of it. See “The Assets of Community Value (England) Regulations 2012.”
Under the Localism Act 2011, North Yorkshire Council is obliged to offer PCG the Right To Bid for Rotary Wood if it is being “disposed” of.
Disposal can include granting a lease for a term of 25 years or more, as well as a sale. North Yorkshire Council should disclose if there are plans to offer Danone HSW a lease for Rotary Wood that is more than 25 years.
The Right to Bid scheme provides a window of time for community groups to pull together the funding necessary to bid to buy the asset on the open market.
PCG would have up to six weeks to express an interest in becoming potential bidders to buy Rotary Wood. If an expression of interest is received during this six-week interim moratorium period, a further four and a half month pause in the sale process is triggered, providing six months in total.
During the six month moratorium period the owner (North Yorkshire Council) cannot conclude a sale.
Sources:
https://www.legislation.gov.uk/ukdsi/2012/9780111525791/contents
https://www.legislation.gov.uk/ukpga/2011/20/contents