ASSETS OF COMMUNITY VALUE (ACV) – THE COMMUNITY RIGHT TO BID Presenter’s name ; Kevin Lane Role: Head of Law & Governance Department: Resources (Law & Governance) Parish Clerk’s Meeting – 13 June 2014

What is an ACV? building, land or both can be owned by anyone i.e. private owner, public body, Crown principal use furthers (or has recently furthered) the community’s social well being/social interests (e.g. cultural, sporting, recreational) and is likely to do so in the future

Who can nominate an ACV Town/Parish Council where asset located neighbouring Town/Parish Council (shares border with Town/Parish Council or an un-parished area where asset located unincorporated group comprising 21 or more local electors neighbourhood forum under planning legislation community interest group with local connection (charity, CLG, CIC or IPS)

The Nomination Process Nominating body must: describe asset including proposed boundaries provide any known information about ownership and occupation explain reasons why an ACV supply proof of eligibility to nominate SNC has created nomination form

The Listening Process SNC has 8 weeks to either: include on published list of ACV, or include on published list of assets nominated but not listed as ACV SNC must notify: Town/Parish Council where nominated asset located owner and occupier Owner can apply for review of listing

Effect of listing as ACV (1) registered as local land charge with SNC and restriction at Land Registry 5 years duration but can be re-nominated Owner must notify SNC if intending to dispose of ACV 6 week moratorium on disposal to enable Council/community group to make written request to bid

Effect of listing as ACV (2) if request made, moratorium on disposal extends to 6 months (from date notice of intention to sell received) to enable Council/community group to submit bid even if bid submitted owner remains free to dispose to whoever he thinks fit even if for lower price (i.e. right to bid not to buy) owner can seek compensation from SNC for any losses incurred

Assets which cannot be ACV residential property and land connected with it save where the residential use is integral/ancillary to a non- residential use (e.g. accommodation as part of a pub) licensed caravan sites operational land belonging to statutory undertakers

Disposals exempt from Moratorium (1) Long list of these including: disposal by gift will/intestacy disposal within family part listed land (i.e. disposal of ACV along with other land as part of a single site) disposals including a transfer of a business as a going concern

Disposals exempt from Moratorium (2) And also: Court Order e.g. divorce lender exercising power of sale disposal as part of bankruptcy or insolvency disposals pursuant to a Compulsory Purchase Order

Any Questions?