This designation was introduced in the Localism Act 2011. It enables local community groups to nominate land and buildings as Assets of Community Value (ACV). If the Council approves the designation, then there are certain protections for the asset:
- Removal of permitted development rights for change of use and demolition of public houses:
- Material planning consideration: ACV status is a material consideration in a planning application and can be used by the Planning Inspectorate as a factor in refusing planning permission for change of use or demolition;
- Community right to bid: this allows an ACV to be purchased by a group representing its users or the local community;
- Compulsory purchase rights: an ACV-registered building can be compulsorily purchased by the local authority or council “if the asset is under threat of long-term loss to the community.
A building or land is of community value if, in the Council’s opinion:
The actual current main use of the building or land furthers the social interests or social wellbeing of the local community and it is realistic to think that there can continue to be a main use which will further the social interests or social well being of the local community.
In the recent past, the main use of the building or land furthered the social wellbeing of the local community and it is reasonable to think that within 5 years the building or land could be brought back into a use that would further the social interests or social wellbeing of the local community.
In this context social interests include cultural, recreational and sporting interests.
Further details of the ACV approach is here. And Sutton’s list of current ACVs is here.
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.
If there is land or buildings in Sutton North that you think should be designated as an Asset of Community Value, please let Ruth, Marlene or Steve know.