How to get an asset listed
What type of property can be nominated?
Although the property can be in private or public ownership, not all properties can be listed under the scheme; residences for example are generally excluded.
What must a successful nomination demonstrate?
A successful nomination must (in the opinion of the Council) satisfy both A and B of the following criteria:
- an actual current use of the building or other land that is not an ancillary use (that is, its primary use), that furthers the social wellbeing or social interest (meaning; cultural, recreational and or sporting interests) of the local community; or
- there is a time in the ‘recent past’ when an actual use of the building or other land that was not ancillary to the use furthered the social wellbeing or interests of the local community
- it is realistic to think that there can continue to be non-ancillary use of the building or other land in the next five years, which will further (whether or not in the same way) the social wellbeing or social interest of the local community.
Who can nominate?
Only eligible voluntary and community organisations can make nominations. This means either a parish/town council, voluntary or other community bodies with a ‘local connection’.
Unincorporated bodies with 21 or more members for example, may be eligible where they can demonstrate evidence of a ‘local connection’.
Detailed guidance on the eligibility requirements of the nominating group is available on the nomination form.
How to nominate a property?
Please complete and submit a nomination form together with any supporting information required to the Council.
What happens following a nomination?
Initial checks of the nomination will be carried out. This will involve checking the eligibility of the nominating group and whether or not the property is within the excluded categories. We will seek to determine the nomination within eight weeks of receipt of the nomination.
In doing so, we will seek to review all the available evidence. Applicants are therefore strongly advised to provide as much information as possible to assist us in determining the application as soon as possible.
The determination decision will be made by our Strategic Planning Manager (or another officer if so approved by the Council from time to time) with the assistance of other officers. We may also invite comments from local ward members, the relevant parish council and Hampshire County Council.
If the decision is taken that the asset should not be listed, details of this decision will be provided in writing to the body making the nomination, the parish council (if there is one) and the owner/occupier as appropriate. These nominations will be added to the list of land nominated by unsuccessful community nominations, and may remain on that list for up to five years.
If the decision is taken that the asset should be listed, the land will be included on the List of Assets of Community Value. However, please note that the owner has the right to appeal against this decision, and they must do so within eight weeks of being notified of the decision.
Register of Assets of Community Value
Once the asset is included in the List of Assets of Community Value, we will seek to notify the ‘owner’ and the community group who made the nomination.
The asset will be added to the local land charges register and if the land is registered, an application will be made for a restriction on the Land Registry title in form QQ.
There are also requirements on owners or mortgagees applying for first registration of listed land to apply for a restriction on the title register. They require a person who has become an owner of the land following a disposal to inform the local authority and provide ownership details.
Within eight weeks of being notified of their property being listed as a ‘community asset’, the owner can appeal for a ‘listing review'. The asset will remain listed during the review period. The owner and the Council will bear their own costs associated with the review.
Any appeal must be made in writing to us. We will then have eight weeks from the date of receiving the request to carry out the review (or an extended period if agreed between the parties).
The review will be carried out by a senior officer who was not involved in the decision to list the asset.
The owner may appoint a representative to act on his behalf in connection with the review. We will provide the relevant documents required to this representative and advise on the procedure to be followed for the review.
The owner may request an oral hearing; the owner and the owner’s representative may make representations to the reviewer orally and/or in writing.
Our decision will be made in writing, a copy will be provided to the owner and the body who made the original nomination. If the review concludes that the asset should not be included on the List of Assets of Community Value the property will be removed from that list.
If the owner is dissatisfied with the internal review, they will have 28 days from the date on which they were notified of the internal review decision to appeal for a review by the General Regulatory Chamber of the First-Tier Tribunal.
Owners must submit their appeal in writing to the First-Tier Tribunal:
Post: Tribunal Clerk, Community Right to Bid Appeals, HM Court & Tribunals, First-tier Tribunal (General Regulatory Chamber), P.O. Box 9300, Leicester LE1 8DJ