In the Localism Act, an asset of community value is described as a building or a piece of land in either public or private ownership that is considered to have community value to if:
- The main use of the asset is currently of in the recent past furthered the social wellbeing or the cultural, recreation or sporting needs of the local community;
- This use is realistic and furthers community interests, the things that people value in their life’s and contributes to them accomplishing their potential into the future.
We are required by law to hold and publish a list of assets nominated by the community where a nomination to list an asset has gone through the process described in part five, chapter three of the Localism Act. We also publish a List of Unsuccessful Community Nominations that details the reasons why a nomination was not accepted.
Who are community organisations
The following groups are described as community organisations within the Localism Act:
- A local parish council
- Neighbourhood forums that are designated to take forward neighbourhood planning
- A unincorprated body that includes at least 21 members who are locally registered to vote
- A voluntary or community body with local connections
- A charity with a local connection
- A company limited by guarantee or none profit industrial provident society
- A community interest company
What types of asset will be considered for inclusion onto the list of assets of community value
There is no definitive list of the assets that we will consider for inclusion onto the list as each nomination will be measured on its value to the community. To help, the following examples are assets that we will consider for insertion.
- Public Services Assets: Children’s centres, schools, nurseries, health centres, doctors surgeries, hospitals, day care centres and residential care homes;
- Sport, recreation & culture assets: Theatres, libraries, cinemas, swimming pools, sports centres, parks, village halls, ornamental gardens, open spaces, museums or play areas
- Community Services Assets: Community Centres, youth centres or public toilets;
- Local democracy assets: Town, civic or guild halls:
- Economic assets: Village shops, the local pub, markets, the post officer or the local bank.
What types of asset will not be included onto the list of assets of community value
We will consider all nominations but the following assets as referred to in the Localism Act will be excluded:
- Those outside of the authorities boundary
- Residential properties and associated land (such as gardens)
- Sites covered by part 1 of the Caravan Sites and Control of Development Act 1960;
- Operational land such as roads and rail networks
- Used by public utilities as defined in section 263 of the Town and Country Planning Act 1990;
- Assets not recently used and are currently in use for a primary social purpose
- Assets that have been empty or derelict for many years and remain so at the present time.
What is meant by the window of opportunity for community organisations?
When an asset is added to the List of Assets of Community value and the owner wishes to sell of lease the asset for more than 25 years, the owner must inform the council of their intentions.
We then give notice to the community and eligible community interest groups then have a chance to submit an expression of interest to the council.
On receipt of an expression of interest we will enforce a six month period called a moratorium during which time the owner cannot dispose of the asset. This provides community interest groups with a window of opportunity to bid to purchase the listed asset.
Do owners have to sell a listed asset to a community interest group
No, the Assets of Community Value provision grants the limited right to nominate an asset and if the owner decides to market a property a limited period of six months to develop a bid. The owner is under no obligation to accept a bid from eligible community interest groups and is free to dispose of the asset as they which after the expiry of the six month moratorium period.
How can my organisation nominate a local asset?
We have produced a standard from that community organisations can use to nominate a local asset:
|Name and Address of Property||Nominator||Decision Date||Reason for not listing|
Filey School Pool
|Filey Pool Action Group||12th July 2013||The nominator is not an eligible body under the Localism Act 2011 and The Assets of Community Value (England) Regulations 2012||Filey School Pool decision notice|
|Name and address of property||Nominator||Date listed||Date of receipt of disposal notice||End of Initial Moratorium (6 weeks after date of receipt of disposal notice)||End of Full Moratorium (6 months after date of receipt of disposal notice)||End of Protected Period (18 months after date of receipt of disposal notice)|
South Cliff Bowls Club
|South Cliff Bowls Club||7 November 2017|
|The Station Tavern, Front Street, Grosmont, Whitby, YO22 5PA||Grosmont Parish Council||12 January 2017||Station Tavern decision notice|
The Old Conference Hall, Cliff Top, Filey, North Yorkshire, YO14 9HG
|Filey Town Council||11th March 2016||The Old Conference Hall decision notice|
The Evron Centre and Filey Visitor Centre, John Street, Filey, North Yorkshire, YO14 9DW
|Filey Town Council||11th March 2016||Evron Centre decision notice|
|The Whitby Tourist Information Centre & Customer First, Dock End, Whitby, YO21 1YN||Whitby Town Council||20th January 2016||Whitby TIC decision notice|
The White Swan Hotel
|Hunmanby Parish Council||19th July 2013||8 August 2013||18 September 2013||7 February 2014||7 February 2015||White Swan decision notice|