When we receive a nomination for an asset to be included on the list of assets of community value the Council has eight weeks to decide whether or not the land should be included in the list.
Nominations will be considered by the Assistant Director - Legal Services initially to confirm that the application meets the criteria and to seek the views of the local Parish Council (if they are not the applicants), the owner and the Ward Councillors. A Portfolio Holder report will then be prepared.
If the Council decides to include an asset on the list it will notify the owner of the land. Once notified, the landowner can request the Council to carry out an internal review. The landowner can request that the internal review is dealt with by way of an oral hearing and may appoint a representative. There is no right for a community group to request an internal review if the application is not accepted but Authorities are required to maintain a list of assets that have been unsuccessfully put forward.
If the landowner is not satisfied with the outcome of the internal review they can appeal to the First Tier Tribunal.
The impact of land being listed will be felt when the landowner wishes to dispose of the land (either by sale of the freehold or a lease of over 25 years). If the landowner wishes to sell the land they must inform the Council of their intention to do so. The Council will notify the original nominating community group and the Parish Council (if they are not the nominator). The landowner is then not able to dispose of the land until a six week “interim moratorium period” (beginning with the date the landowner gives notification of intention to sell) has ended without any community interest group making a written request to be treated as a potential bidder of the land. Where such a request is made during the six week period the landowner cannot dispose of the asset until the six month “full moratorium period” has expired (beginning with the date the landowner gives notification of intention to sell).