Decision process
Once a valid nomination has been received, the council has 8 weeks in which to consider it and reach a decision on whether or not it is valid and a listing should be made. The council will tell the owners and occupiers of the property when they receive a nomination. When making a decision on the nomination we will consider the information submitted by the community organisation as well as any representations by the owner and current occupier.
If the nomination meets the requirements, it will be included on a list of assets of community value for 5 years and recorded as a local land charge.
If the nomination does not meet the criteria, it will be included on a list of unsuccessful nominations and the owners and occupiers will be informed. If a nomination is unsuccessful, the council will write to the nominator giving reasons why.
We will notify the community organisation, landowner and current occupier of our decision and reasons by the end of the 8 week period.
Right to reviews
Property owners can request a review of the listing of their asset. This must be done within 8 weeks of the date upon which we provided the owner with written notification of our decision. The review will look at whether the asset should be removed from the list of assets of community value or remain.
Appeals to First Tier Tribunal
Where an owner remains dissatisfied with the outcome of the review, they may appeal to the general regulatory chamber of the First Tier Tribunal against our decision on the listing review.
The deadline for appealing is 28 days from the date on which notice of the decision appealed against was sent to the owner. Appeals may be both on points of law and on findings of fact. The property will remain listed during the appeal process.
Compensation
An owner or former owner of listed land or of previously listed land may be entitles to compensation as a result of their property being listed as an Asset of Community Value if as a result of the listing they have incurred loss or expense in relation to the land which would be likely not to have been incurred if the land had not been listed.
When does a listing expire
A property will be removed from the list of ACVs
- After 5 years
- Following a successful review by the landowner
- When the asset has been sold (with certain exceptions)