Community Asset Transfers: fact checker | Sevenoaks District Council

Community Asset Transfers: fact checker

A lot has been written about our Community Asset Transfer scheme online, on social media and in the press. Not all of it is correct!

Find out more about this scheme and what's true and what's not by viewing our fact checker.

 

The Stag is at risk and must be “saved”

Fact

This is simply not the case. The Stag is already protected in public ownership, remains in community use, and there are no intentions to sell it.

The Stag is owned by this Council and leased to Sevenoaks Town Council on a 25-year lease, which still has 10 years left to run.

If the Stag is not transferred to Sevenoaks Town Council in the short term, the venue will continue to operate exactly as it does now, under all its existing protections when it is transferred to the new unitary authority that will replace Sevenoaks District Council, so will still remain in public ownership.

It is alarmist and factually incorrect to suggest that unitary authorities cannot or do not support art facilities such as the Stag. There are many examples of unitary authorities successfuly owning, support or operating theatres and art venues in Kent and throughout the country.
 

The Council is proposing to sell the Stag

Fact

Again, this is simply not true. As a result of the publicity from Sevenoaks Town Council’s Stag petition, we were approached by a private operator asking if they could purchase the Stag freehold. We have made it clear to them that the Stag is not for sale. In the spirit of transparency, we have informed our Councillors of their approach.

 

The Council could transfer the Stag for free to Sevenoaks Town Council if it wanted

Fact

This is not the case nor is it legally possible. While Sevenoaks Town Council has requested that we transfer the Stag for free, legal advice from the Government and from our independent auditors is that we are not legally allowed to do so.

The Council has a clear duty to safeguard public assets and public finances. The freehold value of the Stag is in the region of £3 million. Based on community use alone, Sevenoaks Town Council valued the Stag around £450,000 as part of its Community Asset transfer application.

Any disposal below market value would require a lawful justification, compliance with subsidy control rules, and a clear demonstration of wider public benefit. Without that, such a transfer would expose the Council to legal and financial risk.

 

The Council is proposing to develop the Sevenoaks Holly Bush recreation ground and depot

Fact

There are no plans or proposals to develop Sevenoaks Holly Bush Recreation Ground. The site is in our current and new Local Plan as a public open space. It is classed as a strategic site due to its important role in current and future leisure provision, but this does not imply the site is earmarked for development.

The Holly Bush depot is the base for our Street Cleansing Team. It is used on a daily basis for our operations and services provided to all residents throughout the District. Again there are not plan to develop this site.

Our property Disposal Policy is very clear: any of land used for our operational services should not be considered for a Community Asset Transfer. Therefore, this site cannot be transferred to Sevenoaks Town Council for free as requested.

 

Sevenoaks Market is under threat

Fact

Sevenoaks Market is not at risk nor is it under threat. Currently it's operated by Sevenoaks Town Council on our behalf following a competitive tendering exercise. It's one of two markets that we have responsibility for in the District. These markets generate an income which is used to help fund District services.

Once a unitary council is in place, it is reasonable to allow them to consider how the markets across the new unitary area could be enhanced. The increased scale of the space available for hosting markets could lead to an improved offer through a procurement exercise.

Again, our Property Disposal Policy is very clear: assets that generate an income for our residents should not be considered for a Community Asset Transfer. Therefore, the Market cannot be transferred to Sevenoaks Town Council for free as requested.
 

Community Asset Transfers must be agreed where a strong local case is made

Fact
Community Asset Transfer is a discretionary process. While applications and business cases are considered carefully, the District Council is not obliged to transfer any asset and must exercise judgement in the interests of the whole District.

 

Assets under £2 million must be transferred at nil or nominal value

Fact
Legislation permits transfers at less than market value only where a robust Best Value case is demonstrated. This does not remove the Council’s duty to consider market value, future income, development potential, and financial risk. Social value is one factor, not the sole consideration.

 

Auditor advice requires community assets to be transferred

Fact
The Council’s auditors have not directed that assets must be transferred. Their advice requires the Council to demonstrate Best Value, prudence and transparency in decision‑making. This includes proper consideration of valuation evidence and future financial implications.

 

The District Council is required to dispose of assets ahead of Local Government Reorganisation (LGR)

Fact
There is no requirement what-so-ever to dispose of assets in advance of LGR. The District Council must ensure that any decisions to transfer assets are defensible to a future unitary authority and its auditors and do not unintentionally reduce public value.

 

The District Council is prioritising commercial interests over community use

Fact
Considering market interest or alternative use is part of responsible asset management. It does not equate to a decision to dispose of an asset, nor does it preclude continued community use.

 

Previous public investment means assets should transfer at no cost

Fact
Historic public funding reinforces the Council’s responsibility to protect current and future public value. Transfer at nil or nominal value must still be justified against financial, legal and strategic considerations affecting all council taxpayers.

 

A public petition determines the outcome of a Community Asset Transfer

Fact
Petitions may help illustrate teh view of some members of the public, but they do not override statutory duties, financial governance requirements, or formal decision‑making processes set out in the Council’s Constitution.

 

Market value is irrelevant where an asset currently generates little income

Fact
Market value reflects use, redevelopment and strategic potential, not simply current income. An asset may have limited revenue today but still represent significant value or opportunity for the Council or a future unitary authority.

 

Strategic decisions have already been made

Fact
No predetermined outcomes exist. Each Community Asset Transfer proposal is assessed case‑by‑case, taking into account valuation evidence, service impact, financial risk, and LGR considerations. Cabinet retains decision‑making responsibility.

 

Stag questions and answers

View our FAQs for Sevenoaks Town Council's Community Asset Transfer application for the Stag