Community Right To Bid – Assets of Community Value

In order for land or a building to be affected by the Community Right to Bid rules, also known as the Assets of Community Value regulations, its main use must further the social well-being or interests of the local community, or have done so in the last five years and be likely to do so in the future. This use may include the provision of public, sport, recreation, culture or community services. Properties which have not had a social use for some years or are derelict are not covered by the Act.

We will only accept requests to include assets on the list from eligible community groups.

Eligible groups must have a local connection to the land or property they wish to nominate, and be one of the following types of organisations:

• Parish or town council
• Unincorporated community groups with at least 21 members who are registered to vote within the Wealden district area
• A neighbourhood forum, set up in accordance with section 61F of the Town and Country Planning Act 1990
• A charity
• A community interest company
• A company limited by guarantee
• An industrial and provident society

We will not accept nominations from any other bodies.

If you want to nominate an asset of community value you will be required to complete a nomination form.

The form has three main sections covering your organisation, the asset you wish to nominate and why you believe the asset is of community value. Please read the guidance notes we provide you to enable you to complete the form.

We will use the information you provide on the nomination form, to assess whether your nomination meets the requirements of the legislation for designating an asset of community value.

When we receive a nomination we will consider and check its eligibility. We aim to assess nominations within eight weeks of receipt. We will inform the nominating group of the outcome.

If  the asset does have community value we will add it to our list of assets of community value. Assets will remain on the list for five years and a land charge will be registered against the property.

We will advise the nominating group that the asset has been listed and the date in five years time when it will be removed, when the five years have expired eligible groups can submit a new nomination.

If we decide to list a property the owner can ask for a review and there will be a process for an appeal to an independent body. We will provide further details in a letter to the property owner.

If a nomination is ineligible we will write to the nominating group with an explanation as to why it was unsuccessful. In such circumstances the property will be added to our list of assets nominated unsuccessfully and will remain on the list for five years.

Nominees cannot appeal the decision made in respect of the asset.

If an owner of a listed asset wants to sell they will be required to notify us. We will inform the nominator and publicise this on our website.

If an eligible group wants to make a bid they must inform us within six weeks of us telling them that the property is available to purchase. Not all groups are eligible to place a bid.

Unincorporated groups cannot bid as they unable to legally own property.

Eligible groups will then have six months to put together the bid which is not from when you inform us but six months from when the owner advises us of their intention to sell which is known as the moratorium period.

If there is more than one community group interested in purchasing the property we will encourage the groups to work together.

At any point before the end of the six months the eligible group or groups may enter into negotiations with the property owner providing the owner is willing to do this. We ask that we are kept informed of developments.

At the end of the moratorium period if a group has successfully put a bid together the owner will have the option to either accept the bid or sell the property freely on the open market.

In certain situations property sales are exempt from the Community Right to Bid legislation. View the full list of Exempt Disposals. This includes disposals in the form of a gift, disposals within a family or between trustees or companies in a group and disposals in the execution of a will.

If the Council decides that your property should be added to the list of assets of community value and you are dissatisfied with this decision you have the right to request the Council to carry out an internal review of its decision.

Review requests must be received on our prescribed form. To request a form email planning@wealden.gov.uk 

This listing review procedure follows the requirements set out in Schedule 2 of the Assets of Community Value (England) Regulations (2012).

In accordance with Regulation 2 (c), Wealden District Council will remove an entry from the list if it is the subject of a successful appeal against listing, or the authority for any reason no longer considers the land to be land of community value.

Any removal of land listed on the Council’s Assets of Community Value (ACV) list will be notified to all parties identified in Regulation 9 and s.91 Localism Act 2011 (‘LA 2011’), generally those originally notified of the nomination and listing.

Who can request the review of an Asset of Community Value listing?

An owner of listed land is the only person specified in the Regulations who can request a listing review. However, the owner may appoint a representative to act on his/her behalf for the review. This representative may be, but does not have to be, legally qualified.

The Council will provide all relevant documents to the representative, but does not have to provide them separately to the owner.

How to request a review of an Asset of Community Value listing

In line with Schedule 2 of the Regulations, a review may be requested by an owner of the listed land in writing within 8 weeks of notice being given, or completion of reasonable steps being taken to give notice, of Wealden District Council’s decision to list land nominated as an asset of community value.

To request a listing review, an owner of the listed land must complete and submit the ACV review request form. The land relating to the review will remain listed while the review takes place.

Who will undertake the review?

A senior officer of the Council who is independent of the ACV decision making process will conduct the review.

Will there be a face to face discussion about the review?

The owner may request an oral hearing. In the event no written request for an oral hearing is received from the owner, then the review will proceed on the basis of written submissions. The reviewing officer may nevertheless decide to hold an oral hearing if they think it will assist in making the decision.

Both the owner and the owner’s representation may make representations to the reviewer orally and / or in writing.

How long will it take for a decision on the review to be reached?

A review decision will be reached by Wealden District Council within 8 weeks of the receipt of the written request for review, unless a longer period is agreed with the owner in writing.

The outcome will be communicated to the land owner or their representative as soon as possible once the decision has been reached.

Notification of decision
The outcome of the review will be sent in writing (usually by email) to the owner or their representative once a final decision has been reached.

Where the outcome of the review results in a change to the listing status of the land reviewed, the Council will also notify those specified in s.91 of the LA 2011.

Can I appeal against the listing review decision?

Yes. In accordance with Regulation 11, if an owner is unhappy with the outcome of the review, they may appeal to the First Tier Tribunal against the local authority’s decision.

Details of how to contact the First Tier Tribunal will be provided as part of notification of the Council’s decision on the listing review.

Email: planning@wealden.gov.uk 

Telephone: 01892 602509

Address:
Wealden District Council
Community Right to Bid
Council Offices
Vicarage Lane, Hailsham, BN27 2AX