An ACV is land that we, Waverley Borough Council consider to have community value on the basis that either:
- The primary current use of the land furthers the social well-being or social interests of the local community and It is realistic to think that the land can continue to be used in a way that will further the social well-being or social interests of the local community (whether or not in the same way as previously); or
- The land has previously been used for the purposes of furthering the social well-being or interests of the local community in the “recent past” and it is realistic to think that it will be used for the same purposes again within the next five years.
Most categories of land are, in principle, capable of being listed as an ACV. However, land that cannot be listed includes residential properties and gardens, caravan sites and key roads, canals and rail networks.
Who can submit a community nomination?
A community nomination may be made by:
- a Parish council, or
- a person on behalf of a voluntary or community body with a local connection to the land. A voluntary or community body can include:
- a body designated as a neighbourhood forum
- a parish council
- an unincorporated body with at least 21 members who are individuals, that does not distribute and surplus to its members
- a charity
- a company limited by guarantee that does not distribute any surplus to its members, and
- a community interest company.
How to submit a community nomination
Please fill in our Assets of community value nomination form
You need to provide the following information as part of any application in order for it to be treated a valid:
- A description of the nominated land, including its proposed boundaries. A plan outlining the boundaries will also be required.
- A statement of all the information considered in reaching the decision to nominate, including the names of any current occupants and the names and addresses of all those holding a freehold or leasehold estate in the land.
- The reasons for thinking that the local authority should conclude that the land is of community value.
- Evidence that the voluntary or community body is eligible to make a community nomination.
Once we receive the application, we may request additional information we need to treat it as a valid community nomination. Once we are satisfied that the application is complete and valid, we will make our decision within 8 weeks.
Can the decision be appealed?
Where the owner of land listed as an ACV objects to the listing, they can request a review of our decision to list within 8 weeks of the decision to list. If a request is made, we must appoint an officer of appropriate seniority who was not involved in the original decision to carry out the review. The outcome of a review can result in either the land remaining as an ACV or it being removed from our list of ACVs.
If the landowner is unhappy with the outcome of a review, an appeal can be lodged to the First Tier Tribunal. The deadline for submitting an appeal is 28 days from the date on which notice of the review decision was sent to the owner.
The legislation does not provide for an appeal by a community group seeking to challenge a decision not to list land as an ACV.
Consequence of successful listing
We are required to keep a list of land and buildings in its area that are either listed as ACVs or have been unsuccessfully nominated.
The owner of land included in the ACV list must not enter into a “relevant disposal” of the land (ie sell the land) unless certain conditions are met.
The owner must notify the us in writing that they want to enter into a relevant disposal. This will trigger a 6 week interim moratorium period during which a community interest group can notify us that they wish to be treated as a potential bidder in relation to the land. During this period the owner cannot enter into a relevant disposal.
If we do not receive notice from a community interest group within the 6 week period, the owner will be free to sell the asset once the 6 week interim moratorium period is over.
If we do not receive notice from a community interest group within the 6 week period, a further 6 month moratorium period will be triggered which runs from the date that the owner notified the Council that they want to sell the ACV land . During this period the owner cannot sell the ACV land.
After the end of the six month moratorium period, a protected period starts when there cannot be any more moratoriums. This lasts 18 months from the date that the owner notified us that they want to sell the ACV land.
Chapter 3 of the Localism Act 2011
Assets of Community Value Regulations 2012