Assets of Community Value

Buildings or land in West Northamptonshire may be an asset of community value if the Council considers that:

• the primary current use of the asset furthers the social wellbeing or social interests (cultural, recreational and/or sporting) of the local community; and it is realistic to think that there can continue to be use of the asset which will further the social wellbeing or social interests of the local community, although not necessarily in the same way as before
• the asset had a use which furthers the social wellbeing or social interests (cultural, recreational and/or sporting) of the local community in the recent past and it is realistic to think that there is a time in the next 5 years when it could do so again (whether or not in the same way as before)

The assets can be in private or public ownership, although some categories of assets are excluded from being eligible to be listed.

These include:

• any residential property and land connected with a potential asset of community value except where the residential aspect of the use of the property is ancillary to its non-residential use (for example accommodation within a Public House). Further defined within Chapter 3 of the Localism Act 2011
• land licensed for use as a residential caravan site
• operational land of statutory undertakers. Please refer to Section 263 of the Town and Country Planning Act 1990

The following community groups are eligible to nominate:

• Parish and Town Councils
• Local neighbourhood forums
• Charities
• Industrial and provident societies
• Companies limited by guarantee
• Community interest companies
• Unincorporated groups comprising at least 21 members who are registered to vote in the West Northamptonshire area

All interested community groups must be able to demonstrate a local connection to the asset they are nominating. To submit a bid for an asset listed on the Register of Assets of Community Value, the bidding group must also be a legally constituted body that is permitted to own property.

To nominate an asset as an asset of community value, eligible community groups are required to complete the form.

• Once the Council receives your nomination, it will acknowledge receipt via an email and/or letter within 5 working days, and the matter will be allocated a unique case reference. The Council will also identify and subsequently notify the owner of the nominated asset that the Council has received a nomination.
• The Council will then validate the nomination to confirm that all requisite information has been provided by the nominating community group.
• Once validated, The Council will have 8 weeks to consider the nomination against the eligibility criteria stated within the Localism Act 2011.
• The Council will then write to the nominating party, and the property owner, informing them of its reasoned decision.
• If the asset is eligible for listing as an asset of community value, we will add the asset to the Asset of Community Value Register (ACVR) and a land charge will be registered against the asset.
• Once listed, the asset remains on the register for up to 5 years or until such time as it is sold. If the owner has not opted to dispose of the asset within 5 years from the date that it was added to the ACVR, the listing will expire, and the asset will be removed from the list. At that point, eligible groups would need to restart the nomination process.
• The owner of the nominated asset does have a right to request a review of the decision made by the Council to nominate the asset as an asset of community value. Any request for review needs to be submitted within 8 weeks of the Council’s decision to nominate.

Any owner of an asset which has been listed as an asset of community value has a statutory right to request a review of that decision.

This review must be submitted in writing to the Council within 8 weeks of the date that they received notification from the Council of its decision to include the property within the ACVR at the following address:

Assets of Community Value Team
C/O Estates Department
West Northamptonshire Council
One Angel Square
Angel Street
Northampton
NN1 1ED

A review of the decision will be conducted by senior officers, or the Council’s legal department, who were not involved in the original decision to include the property within the ACVR.

During the review process, the owner will have the opportunity to make representations to the Council (either in writing or orally) to set out the reasons why they feel that the listing is incorrect.

A written response should be provided by the Council within 8 weeks of the review request being made. If the review results in a change in the listing, the Council will notify the owner and the nominating body, including the reasons for the decision.

If the owner of a listed asset decides to dispose of the property, the owner must inform the Council of their intention to do so.

• The Council will write to the nominating party and inform them of the owner’s intention to dispose of the asset. A notification will also be place on the Council website.
• The nominating party will be afforded6 weeks (initial moratorium period) to inform the Council if it intends to submit bid for the asset.
• If the nominating party confirms to the Council that it intends to bid for the asset, the nominating party will be granted up to 6 months (the extended moratorium period) to develop and submit a bid directly to the owner. For the avoidance of doubt, the 6-month period afforded under the extended moratorium period, includes the 6-week period afforded under the initial moratorium period
• During the initial and extended moratorium periods (as applicable), the asset owner may enter negotiations and dispose of the asset to any eligible community groups, however it is not permitted to enter any other arrangements to dispose of the asset.
• Dependant on whether the nominating group has confirmed to the Council that it intends to bid for the asset or not, at the end of either the initial, or extended moratorium period, the owner is free to dispose of the property to whomever they wish.
• If the asset has not been disposed by the owner within 12 months of the expiry of the initial or extended moratorium period as applicable (the protected period), in effect a maximum of 18 months from the date that the Council was informed of the owner intention to dispose, the process will need to recommence.

There are none at present.