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 if:
- The main use of the asset is currently or has in the recent past furthered the social wellbeing or the cultural, recreational or sporting needs of the local community;
- The use is realistic and furthers community interests, the things that people value in their lives and contributes to them accomplishing their potential into the future.
The Council is required by law to hold and publish a list of Assets of Community Value nominated by the community, where a nomination has gone through the process described in Part Five, Chapter Three of the Localism Act. The Council also publishes 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 unincorporated 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 non-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 assets that the Council 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 the Council 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 office or the local bank.
What types of asset will not be included onto the list of Assets of Community Value?
The Council will consider all nominations but the following assets as referred to in the Localism Act will be excluded:
- Those outside of the Authority’s 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;
- Assets used by public utilities as defined in section 263 of the Town and Country Planning Act 1990;
- Assets not recently used and not 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 or lease the asset for more than 25 years, the owner must inform the Council of their intentions.
The Council then gives notice to the community to enable eligible community interest groups to have a chance to submit an expression of interest to the Council.
On receipt of an expression of interest the Council 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 a 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 wish after the expiry of the six month moratorium period.
How can my organisation nominate a local asset?
The Council has produced a standard form that community organisations can use to nominate a local asset:
|Name and Address of Property||Nominator||Decision Date||Reason for not listing|
St Nicholas Street
|Scarborough and District Civic Society||2 August 2022||Based on these facts put forward by the nominating body in support of the nomination the Council is unable to make a determination about the primary or non-ancillary purpose of the Property and consequentlywhether this use meets the definition of ‘social wellbeing’ or ‘social interest.’ The second limb of the test relating to the continued use of the Property is therefore not engaged. It is noted that the Council is thedecision making body with regard to this nomination and can only make a determination on the facts and evidence submitted by the nominating body and in accordance with the legislation and Assets ofCommunity Value regime.||Town Hall decision notice|
|St Ninian’s Church, Baxtergate, Whitby, YO21 1BL||St Ninian’s Church, Baxtergate, Whitby, YO21 1BL
Whitby Civic Society
|14 January 2021||The property as a place of religion, without some other non-ancillary use being made of it which furthers the social well being/social interests of the local community, does not fall within the statutory definition of ‘social interests’ as required by s88(6) of the Localism Act 2011||St Ninians Church decision notice|
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)|
|The Downe Arms
3 High Street
|Danby Group Parish Council||24 March 2022||The Downe Arms decision notice|
|The Bridge Inn, High Street, Ruswarp, Whitby YO21 1NJ||Whitby Town Council||17 May 2019||The Bridge Inn decision notice|
The Ivanhoe Scalby Mills Road, Scarborough YO12 6RW
|The Ivanhoe Community||15 February 2019||The Ivanhoe Community decision notice|
South Cliff Bowls Club
|South Cliff Bowls Club||17 November 2022||South Cliff Bowls Club decision notice|