Decision details

Nomination to list Breakwater Car Park, Berry Head Road, Brixham TQ5 9AF as an Asset of Community Value

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No


That Breakwater car park be designated as an Asset of Community Value.

Reasons for the decision:

If a community group nominates land or buildings that meet the definition of an Asset of Community Value, and a valid nomination is made, then the local authority must include the asset on its list of Assets of Community Value.

Alternative options considered:

The alternative option would have been to refuse the application; in which case written reasons for refusal would need to be provided to the applicant.


The decision in respect of the nomination to list Breakwater Car Park, Berry Head Road, Brixham as an Asset of Community Value will come into force immediately as the decision maker has decided that any delay likely to be caused by the call-in process would prejudice the public’s and the Council’s interest. The Overview and Scrutiny Co-ordinator was consulted on 26 April 2024.


The Council has received a nomination to list Breakwater Car Park as an Asset of Community Value. The Asset of Community Value regime provides communities a right to identify a building or other land that they deem to be of importance to their community’s social wellbeing.


To be listed, the land must be nominated by an organisation with a local connection. This application has been made by an unincorporated group of 21 Torbay residents known as the ‘Breakwater Beach Community Group’ and must be determined by the Cabinet in accordance with the requirements of the Localism Act 2011 and the Assets of Community Value (England) Regulations 2012.


The nomination has been assessed by Officers who recommend approval of the application and the designation of Breakwater car park as an Asset of Community Value.


At the meeting Councillor Jackie Thomas proposed and Councillor Billings seconded a motion that was approved unanimously by the Cabinet, as set out above.

Interests and Nature of Interests Declared:


Publication date: 17/05/2024

Date of decision: 14/05/2024