Assets of Community Value Register
Community Right to Bid was introduced by the Localism Act 2012. The right allows local community groups for example:-
- parish and town councils,
- voluntary groups,
- neighbourhood forums,
- industrial and provident societies
to identify land and buildings, in public or private ownership, that provide an important service in the local community and nominate these to be included on the list of assets of community value. If an asset on the list comes up for sale, community groups may seek six months to raise the capital and bid to buy the asset, before it can be disposed of by the owner.
The Act sets out criteria that must be satisfied before an asset can be accepted as being an asset of community value:-
- The actual use not an ancillary one that furthers social wellbeing or social interest of the local community
- And it is useful to think that there can continue to be a non-ancillary use which will further (does not have to be the same use) the social wellbeing or social interests of the local community.
Notes for Personal Search Companies
If the property does not appear on the ACV lists, it is not an ACV and the answer to CON29 Question 3.15 (a) is NO and 3.15 (b) is N/A
If the property appears on a list, please email ACV@tendringdc.gov.uk for a response to these questions under EIR.
Who can bid?
- A local voluntary or community group that is incorporated that has at least 21 members and who are currently registered to vote in the local authority area
- A parish or town council within Tendring District
- A neighbouring parish council that shares a boundary within Tendring District
- A neighbourhood forum designated for planning purposes under the Town and Country Planning Act 1990
- A company or industrial or provident society which does not distribute its surplus to its members
- A community interest group
A building or piece of land can be listed as an asset of community value if it is at least partly within Tendring district and its main use has recently been to further the social wellbeing or social interest of the local community and it could do so in the future.
Nominations must include: -
- A description of the nominated asset including its boundaries
- The names of current occupants of the asset and anyone having a freehold or leasehold estate in the land
- Your reasons for thinking that the asset is of community value and
- Evidence that you are eligible to make a community nomination
To help you collect together this information we have drawn up a form for you to use, which can be found on this page under 'Useful Documents'.
Nomination forms should be downloaded, completed and sent to Gill Burden, Tendring District Council, Town Hall, Station Road, Clacton on Sea, Essex, CO15 1SE or firstname.lastname@example.org
What happens next
A panel will determine the validity of your nomination and prepare a report for the Council's Cabinet to make a decision on whether the property meets the criteria in the Act within 8 weeks. If the Cabinet decides that the property should be added to the list we will add it to the list of assets of community value or, if it does not, to the unsuccessful community nominations.
The owner of the land or asset may appeal against the listing of the asset by writing to the Council's Chief Executive. This appeal will be heard within another 8 week period.
When an owner decides to sell an asset which is on the list of assets of community value they must tell the Council. We will then tell the original nominator and publicise the proposed sale within the community.
If no community group expresses an interest in bidding for the asset within a 6 week period, then the owner can proceed to sell it.
If a Community group expresses an interest in bidding, then they have a 6 month (moratorium) period in which to make an offer to the owner. The owner will consider the community groups' offer and can accept or reject it. If the offer is rejected, the owner can make a sale as he or she sees fit.
Inclusion on the register will give communities more time to prepare bids to buy land and properties should they come up for sale. It does not mean an owner has to sell the property or land to the community, but it aims to give communities more time to secure funds to enable them to.
Properties and land will remain on the register for 5 years and applications for inclusion can be renewed by going through the application process again. To view the TDC list of registered Assets please refer to the Assets of Community Value Register in the Useful Documents area of this page.