Locals may take legal action over sale of Clementhorpe Maltings - They say they could have made it a brewery, museum and art studio

City of York Council has agreed to sell the Grade II-listed Clementhorpe Maltings, in Lower Darnborough Street, to local developer Northminster, which wants to turn it into six houses, but the Clementhorpe Community Association (CCA) says local people were not adequately consulted ahead of the sale.

Planning permission was granted in June and a subsequent attempt to have the building listed as an asset of community value failed.

The association is now considering calling for a judicial review and says a law firm has said it may well have a strong case. The CCA and the council disagree about the extent and adequacy of consultation in recent years, and their accounts of discussions in recent years differ.

Andy Johnson, chair of the CCA says he has now complained to the council about what he calls "various untruths" and the way some councillors and officials have acted.

He says he is considering referring the matter to the Local Government Ombudsman, and has written to the Secretary of State for Local Government and Communities and to local MP Rachael Maskell, and said: "We are looking into launching a judicial review."

Many original pieces of equipment are still in the building, 

The building was used by Tadcaster Tower Brewery until the 1950s and still contains much of its original equipment including a corn-dressing machine, double-bucket elevator, large hopper and a kiln furnace by H.J.H. King, thought to be one of only two remaining in the country.

Local residents' awareness and interest soared after they were given a chance to look round the building in May.

Northminster plans to retain original features and display machinery in the communal entrance but the association says the visit in May was the first time many realised what the building was.

>>> Read more on Northminster's plan.

The city council sought views on the building in 2011/12 through its GeniUs project, and it agreed in January 2014 to sell the building, and Northminster's planning application was viewable online, but the CCA says not enough proactive effort was made to engage the local community and says the GeniUs initiative did not include any public meetings, leaflet drops or contact with the CCA.

The council has not said how much it may make from the deal with Northminster, but both parties will share the residual value of the project once development is complete.

>>> Want to see what's inside?

>>> 34 fascinating photos from the maltings, inside and out

A council spokeswoman said: "The community have been aware of the need for a new future for the maltings since 2011 and some members of the CCA have been actively engaged by officers and have had opportunity to make a proposal.

"Nothing has been received from them in all that time and so the council has acted appropriately to find a useful future for the building which preserves the historic asset and secures a modest but realistic capital receipt."

But Mr Johnson said most locals on May's visit were surprised to see what was in the building and to hear of its sale and says none of the CCA's committee members nor ex-chair were consulted.

He added: "It shouldn't be left to three volunteers to hand deliver leaflets around the 500+ houses and to make people aware of council plans. This should have been the job of the council."

Mr Johnson said: "The Clementhorpe Community Association, working with local business and interested parties, wanted the opportunity to raise funds to preserve the historic building and its internal workings as a community hub comprising of artist studios, a museum, café, microbrewery and visitor centre. Because the council did not advertise the sale or enter into any worthy consultation, the Association were denied this right to bid."

Local publican Paul Crossman says he approached the council previously about the building

Paul Crossman, who runs two local pubs, The Swan and The Slip, said he approached the council in 2011, believing the building could be turned into a brewery, but was put off by the suggestion it would need reinforcing with a steel frame costing around £150,000.

No such frame is included in Northminster's plans, although the council it only ever suggested that as one structural solution, not the only one, and says an open-plan use would still mean a steel frame was needed.

The council said it received various offers for the maltings, which it said was a very difficult building to develop, but said: "The Northminster scheme was judged to be the most imaginative scheme, preserving the heritage assets well and thought to stand the best chance of delivery from a planning, heritage and construction viewpoint."

City of York Council: The community have been aware of the need for a new future for the Maltings since 2011

CCA: No they weren’t. If this is the case, then why did everyone who attended the open meeting (members of the community) claim they had no idea it was being sold including people who had lived on the same street for 20 years? Many didn’t even know what it was or who owned it. If any “worthy consultation” had taken place surely people who lived in the area of benefit would be aware of it. It was only when the current CCA pushed for it, was the building opened up to the public and over 75 people attended the viewings and all expressed shock that they knew nothing of the building being sold.

Council: Some members of the CCA have been actively engaged by officer and have had the opportunity to make a proposal.

CCA: NOT TRUE. Up until 2014, the committee consisted of 3 people who were holding joint meetings with the Nunnery Lane association. None of these members were aware of any consultation or decision to sell. And the ex-chair has been on the committee since 2007 and has never been consulted.

Council: Nothing has been received from them in all that time and so the council has acted appropriately to find a useful future for the building which preserves the  historic asset and secures a modest but realistic capital receipt.

CCA: Because we didn’t know about it and the Council – with the CCA in a depleted state at this point – should have taken a more pro-active approach to make the community aware of the building and any intention to sell. It shouldn’t be left to three volunteers to hand deliver leaflets around the 500+ houses and to make people aware of Council plans. This should have been the job of the council.

Council: There was consultation in 2011/12 through the Genius Challenge – online and group meetings where the idea of a community Asset Transfer was discussed but the structural issues meant that this would not work without significant capital investment from CYC and there was no budget for this. Approaches were made at that time by members of the CCA with a view to a commercial development but no proposal was ever received. Ward councillors were kept up to date and the decision to sell the property was made at executive in January 2014 in the public domain.

CCA: The GeniUS challenge was not consultation. It was an internet discussion group open for three weeks and was a general discussion about Council assets. There were no group meetings. No approaches were made by members of the CCA. No leaflets were sent out around the area of benefit and no for sale sign put on the door of the buildings. The executive meeting in 2014 is only in the public domain if people know how to look for it and find it.