Asset of Community Value determination report (The Farmers public house)

Application reference: CRB029
Nominated asset: The Farmers Public House
Site address: 10 West Road, Ormesby st Margaret, Norfolk, NR29 3RP 
Parish/ward: Ormesby
Applicant: "Save the (Jolly) Farmers"
Landowner: The Stonegate Pub Company 

Decision notice (Section 91 Localism Act 2011 Notice of inclusion)

It is the decision of Great Yarmouth Borough Council (GYBC), as the responsible authority, that the Nominated Assess does satisfy the statutory test set out in section 88(2) of the Localism Act 2011 and shall be listed as an Asset of Community Value.

1. 1. Background

   1. 1.1. The Localism Act 2011 (Act) and the Assets of Community Value (England) Regulations 2012 (Regulations) set out the considerations and procedures that apply where a local community group wishes to nominate land or buildings for listing as Assets of Community Value (ACVs).
   2. 1.2. Section 88 of the Act provides that a building or other land in a local authority's area is land of community value, if in the opinion of the authority:
      1. (a) An actual current use of the building or other land that is not an ancillary use furthers the social wellbeing of social interests of the local community; and
      2. (b) It is realistic to think that there can continue to be non-ancillary use of the building or other land which will further (whether or not in the same way) the social wellbeing or social interests of the local community (s.88(1)).
   3. Or
      1. (a) There is a time in the recent past when an actual use of the building or other land that was not ancillary use furthered the social wellbeing or interests of the local community, and
      2. (b) It is realistic to think that there is a time in the next five years where there could be non-ancillary use of the building or other land that would further (whether or not in the same way as before) the social wellbeing of social interests of the local community (s.88(2)).

2. 2. Nomination

   1. 2.1. On the 27th January 2025, "Save the (Jolly) Farmers" submitted a nomination to GYBC for The Farmers Public House at 10 West Road, Ormesby St Margaret, NR29 3RP (shown in red on the attached plan to be listed by the Council as an Asset of Community Value. The nomination was validated on the 29th January 2025.
   2. 2.2. The nomination was determined to comply with the detailed provisions of regulation 6 of the Regulations. The nominating organisation is an unincorporated body which comes within the definition of a "voluntary or community body" with a local connection, in accordance with section 89 of the Act and regulation 5(1)(c) of the Regulations. The unincorporated body is made up of 110 local people who appear on the Borough Council's electoral roll, the majority listing their residence within Ormesby St Margaret. The nomination includes a plan of nominated site, which is attached to this Determination Report.
   3. 2.3. The land is within GYBC's administration area and does not fall within the list of exceptions set out in Schedule 1 of the Regulations and therefore is not excluded from being land of community value.
   4. 2.4. As required by Regulation 8 of the Regulations, GYBC has taken all practicable steps to notify the parish council, landowner and other interested parties that it is considering listing the land as an Asset of Community Value. Consultation letters were posted out on the 4th February 2025.
   5. 2.5. The applicant has made the following representations in support of the nomination:
      1. (a) The public house has operated since the 1840s and is the last remaining public house within the village of Ormesby St Margaret.
      2. (b) The public house has provided a social focus for the village community for many years. This has helped to foster social interactions, community spirit and reduce social isolation in the community, particularly among vulnerable groups such as the elderly. 
      3. (c) The public house has provided a venue for showcasing live music, local artists, quiz nights, pub teams competitions (e.g. pool and darts), as well as personal celebrations e.g. christenings, wakes, birthday parties and anniversaries that are integral to the social fabric of the community.
      4. (d) The public house will help to continue strengthening community spirit and local ties as more housing is built in the parish and the surrounding area.
      5. (e) The applicant wishes the premises to remain as a licenced public house, preferably run on a viable basis so this it can remain open for business continuously. 
      6. (f) It was added that if put on the market, the nominating body would form a Steering Group to look into the purchasing and financing of the public house, exploring funding sources such as crowdfunding, grants/donations, sponsors and partnerships.
      7. (g) The nomination form is also accompanied by a large number of public comments excerpted from an online group specifically set up to save the pub from closure. The individual comments are heavily supportive of retaining the existing pub.
   6. 2.6. Two letters of support were received by the Borough Councillor ward members for Ormesby, both recognising the pub as the last remaining in Ormesby St Margaret, and its importance within the village. The Parish Council responded noting that a motion to support the nomination was unanimously carried at its Parish Council meeting on 10th February 2025.
   7. 2.7. No letters of objections were received against the application.  

   8. 3. Assessment and reasons for the decision

   9. 3.1. In order to qualify as an asset of community value, an asset must satisfy either the present and future conditions in Section 88(1) of the Act or the past and future conditions in Section 88(2) of the Act. 
   10. 3.2. Having considered the representations made by the Applicant and available evidence, GYBC are of the view that the criteria for listing under section 88(1)(a) of the Act has not been completely satisfied, however the criteria for listing under section 88(2)(a) and 88(2)(b) have been satisfied.
   11. 3.3. Section 88(1)(a) provides that the actual current use of the building or other land that is not ancillary should further the social wellbeing or social interests of the local community. The nomination form details that the public house had temporarily closed. It was also widely reported across local press and social media channels that the public house ceased trading on the 31st December 2024.
   12. 3.4. During the process of determining the nomination, the Council have been made aware through anecdotal reports on social media that the public house had potentially re-opened in mid-March 2025. There remains some uncertainty on both the nature of this potential re-opening and whether the public house is potentially trading on an adhoc and intermittent basis. Other anecdotal reports have suggested that the public house is potentially trading during limited hours, serving only a limited selection of drinks, no food, and on a cash only basis.
   13. 3.5. The premises and its owner were formally notified (by letter) on the 4th February 2025 that the premises had been nominated for consideration as an Asset of Community Value. To date, the Council has not received any correspondence either by the owner or any potential trading tenant of the public house confirming that the public house has reopened or remains trading. The premises also remains listed on the Stonegate Group website as a public house available for new tenancy offers.  Given the present uncertainty on the actual current use of the premises, it is not considered that Section 88(1)(a) can be deemed fully satisfied.
   14. 3.6. Having determined that the nomination does not fully meet the criteria for listing under Section 88(1)(a) of the Act, there is no requirement to consider the second stage of the test as set out in Section 88(1)(b).
   15. 3.7. As the nomination is not considered to satisfy Section 88(1) of the Act, the Council must consider whether the nomination meets the criteria to satisfy Section 88(2) of the Act.
   16. 3.8. Section 88(2)(a) provides that there should be time in the recent past when an actual use of the building or other land that was not ancillary use furthered the social wellbeing of interest of the local community.
   17. 3.9. The building was trading as a public house up to the 31st December 2024 and is currently listed on the Stonegate Group website as a public house available for potential new offers. The website promotes it as being able to deliver a pub/food offer, with a trade kitchen and beer garden. The public house does not have its own website, however evidence of its recent use is evident through other external sites such as TripAdvisor and Facebook. The nomination form is also supported by evidence in the form of member of public comments which refer to the use of the building as a public house. As such, there is clear evidence that the use of the building as a public house was its primary purpose and occurred in the very recent past.
   18. 3.10. Public Houses are a legitimate use that could be considered for listing as an Asset of Community Value, however, there needs to be reasonable judgement upon the extent to which it furthered the social wellbeing or social interest of a local community. Clearly a single pub in a small rural area, or one which is community run, would have had greater potential benefits upon a local community than one which operates alongside many others, or where a community was already well served by other similar and well-located available facilities.
   19. 3.11. The nomination form asserts that the public house provided a hub for the local community to support social interactions and community spirit as part of its primary use, supported by a recently refurbished outside area that provided space to socialise, particularly in the summer months with holiday makers. Furthermore, the nomination asserts that the building has supported community events such as quiz nights, live music, pub team competitions as well providing a venue to support other social events and celebrations including christenings, wakes, birthday parties and anniversaries.
   20. 3.12. The nomination form is supported by evidence from the local community i.e. excerpts from local online community groups, which attest to the above and reiterate the importance of the retaining the public house for these uses into the future.
   21. 3.13. The building lies on West Road, which lies close to the centre of Ormesby St Margaret and is highly accessible within the local community. There is only one other drinking establishment in the village called 'The Butchers Tap Room', located off Wapping (approximately 250m) which sells products from local breweries and cider makers, with a small room (seating approximately 20 patrons). 'The Butchers Tap Room' was granted planning consent in August 2024 (06/24/0321/CU) but its use is conditioned for a maximum of 3 years and has limited opening hours during the week. Whilst there was a short period of time when both drinking establishments were operating within the village, it is unlikely that 'The Butchers Tap Room' would have offered a comparable range of social uses that was enjoyed by 'The 'Farmers' due to its size, limited range of available products and opening hours and little or no outdoor seating provision.
   22. 3.14. Outside of the village, drinking establishment s(or similar) include: The Grange Hotel (2km away), California Tavern (2.5km), The Boathouse (2.7km) and the Waterside (3.7km). All of the above venues are not within close walking distance of the local community and only offer in part the range of uses that were previously enjoyed by 'The Farmers'.
   23. 3.15. Having considered the representations and evidence provided through the nomination and other parties, it is reasonable to conclude that the use of the buildings as a public house (alongside the range of other complementary recreational and social wellbeing activities) did contribute towards furthering the social wellbeing and social interest of the local community in the recent past.
   24. 3.16. The second stage of the test is set out under Section 88(2)(b) which provides that it is realistic to think there is a time in the next five years that there could be non-ancillary use of the building or other land that would further (whether or not in the same way as before) the social wellbeing or social interests of the local community.
   25. 3.17. The nominating group asserts that they wish to retain the premises as a licenced public house and have provided details of their approach to acquiring the building should it be put on the market. This would include forming a local community steering group to consider the potential purchasing and financing of the public house, and explore funding sources such as crowdfunding, grants/donations, sponsors and partnerships.
   26. 3.18. The nominating community body 'Save the (Jolly) Farmers' is comprised of over 100 local individuals that are locally connected, mostly within the village itself. There is clearly a local desire within the local community, as evidenced by the public level of support, to retain the public house and for it to continue into the future further the social wellbeing and social interest of the local community in the same way in which it did before.
   27. 3.19. Therefore, it is reasonable to assume that should the building be successfully listed as an Asset of Community Value, that there is likely to be significant local interest to explore such opportunities and potential for sourcing investment in the building which may prove ultimately successful in purchasing the building.
   28. 3.20. In summary, the nominating body is proactively considering steps to try to fund and acquire the building for continued use which until very recently was performing a key social and wellbeing role within the local community. It is therefore the Council's view that the building has the potential to continue to be used as a public house and such use would likely continue to further the social wellbeing and social interest of the local community at the heart of the village.

3. 4. Recommendation

   1. 4.1. It is considered that the nominated asset does satisfy the statutory test set out in section 88(2) of the Act for the reasons set out in this decision report.
   2. 4.2. In accordance with GYBCs Scheme of Delegation, it is recommended that the nominated asset be listed as an Asset of Community Value on GYBC's List of Assets of Community Value, and that the Council's list of successful nominations be updated.

4. 5. Decision

   1. 5.1. To List: 
   2. Nominated Asset: The Farmers Public House
   3. Site Address: 10 West Road, Ormesby St Margaret, Norfolk, NR29 3RP 
   4. as an Asset of Community Value in accordance with Section 88(2) of the Localism Act 2011.
   5. Kim Balls
      Principal Strategic Planner
      24 March 2025
   6. Signed by:
      Sam Hubbard
      Head of Planning