Assets of Community Value
Assets of Community Value and the Community Right to Bid
What is this?
This new Community Right (sometimes called the "Community Right to Buy" or "Community Right to Bid") allows defined community groups, including Parish Councils, to ask the Council to list certain assets as being of "community value". This is designed to give communities more opportunities to take control of the assets and facilities important to them.
If an asset is listed and then comes up for sale, the new right will give communities that want it a total of 6 months to put together a bid to buy it (including a 6-week cut-off for an initial proposal to be put forward).
An asset of community value is defined as: if in the opinion of Mendip District Council:
(a) an actual current use of the building or other land that is not an ancillary use furthers the social wellbeing or social interests of the local community, and
(b) it is realistic to think that there can continue to be non-ancillary use of the building or other land which will further (whether or not in the same way) the social wellbeing or social interests of the local community.
(a) there is a time in the recent past when an actual use of the building or other land that was not an ancillary use furthered the social wellbeing or interests of the local community, and
(b) it is realistic to think that there is a time in the next five years when there could be non-ancillary use of the building or other land that would further (whether or not in the same way as before) the social wellbeing or social interests of the local community."
There are certain assets that cannot be listed; for example:
1. A residence together with land connected with that residence, as defined in the regulations Land in respect of which a site licence is required under Part 1 of the Caravan Sites and Control of Development Act 1960
2. Operational land as defined in section 263 of the Town and Country Planning Act 1990(c).
The Regulations published by government provides more detail on exemptions and how this process works.
Who can nominate?
The following organisations are eligible to nominate assets
(a) A properly-designated "Neighbourhood Forum"
(b) A Parish Council
(c) An unincorporated body-
(i) Whose members include at least 21 individuals, and
(ii) Which does not distribute any surplus it makes to its members
(d) A charity
(e) A company limited by guarantee which does not distribute any surplus it makes to its members
(f) An industrial and provident society which does not distribute any surplus it makes to its members or
(g) A community interest company
The nominating group will also need to have a "local connection" with the asset, which broadly means the group must demonstrate that its activities are wholly or partly concerned with the Mendip District Council area or with a neighbouring authority (which shares a boundary).
Please contact us if you need any advice about whether your group qualifies under the above.
What happens once an asset is listed?
Once an asset is listed, the owner cannot then dispose of it without:
- letting the local authority know that they intend to sell the asset or grant a lease of more than 25 years
- waiting until the end of a six week 'interim moratorium' period if the local authority does not receive a request from a community interest group to be treated as a potential bidder
- waiting until the end of a six month 'full moratorium' period if the local authority receives a request from a community interest group to be treated as a potential bidder
The owner does not have to sell the asset to the community interest group.
How to make a Community Nomination?
All nominations can be made using this document, which can also be found under the 'documents' section at the bottom of this page. (Only one asset can be nominated per form). Application forms should be completed and submitted to the Council, addressed to Ian Munday
Prior to submitting a nomination please read thedocument. There is also useful information available in the 'Link' section of this web page which you may find helpful in putting together your nomination. If you wish to receive further information or are interested in pursuing a nomination please contact us.
What help is available?
There are a wide range of resources, including information from Locality on grant funding, available to help you make use of this right and to take better control of your local community assets.
Current Assets of Community Value Nominations
As part of the process to consider an application for an Asset of Community Value the Council must take all practicable steps to inform and consult with the following if an asset has been nominated: 1.a parish council (if any) in which the land lies (or partly lies), 2.the owner as defined in section 107 of the Localism Act. 3.all others with a legal estate, i.e. if the owner is not the freeholder then the holder of the freehold estate, and any other leaseholder apart from the owner; and 4.any lawful occupant (which could include a licensee). The Council will also inform the relevant local Mendip District Council ward member(s) of a nomination within their ward. Members of the local community may also offer their views on the nomination by sending their comments to Ian Munday at Mendip District Council on Ian.Munday@mendip.gov.uk
Closing date: Monday 22 April 2019