Definition of a Local Asset
A nominated asset will be excluded from the List if it is used as a residence, including a residential caravan, or if it is operational land as defined in section 263 of the Town and County Planning Act 1990. Nominated assets may be owned by anybody, including the City Council and the Crown. The City Council will only List a nominated asset if, in its opinion:
- the actual current use (not an ancillary use) of the building or other land is one that furthers the social wellbeing or social interests of the local community; and
- it is realistic to think that there can continue to be non-ancillary use of the building or other land that will further the social wellbeing or social interests of the local community (whether or not in the same way as the current use).
Or:
- there was a time in the recent past when an actual use (not an ancillary use) of the building or other land is one that furthered the social wellbeing or interests of the local community; and
- it is realistic to think that there is a time in the next 5 years when there could be non-ancillary use of the building or other land that would further the social wellbeing or social interests of the local community (whether or not in the same way as before).
These definitions have been taken from the Regulations published by the government on their Legislation website.
There is no national guidance as to what the key terms in the definitions of local assets mean. It will be for the nominating organisation in the first instance to argue why it considers the nominated asset meets the definition in the Regulations. However, the City Council suggest that consideration is given to the following points:
- 'Social wellbeing or social interests of the local community' - The City Council would like to receive evidence to explain why the nominated asset was of value to the local community (who benefits from the use), including the level or scale of use of the asset (how strongly does the local community feel about the usage), the impact of its loss (who will lose if the use ceases) and the way in which it is believed it was of value (Highlighting the value to community pride, inclusion, sense of place, sustainable living)
- 'Recent past' - The City Council would suggest that to justify that the use holds some social value to the local community it should not have ceased to be used more than three years before the date of the nomination. If it was longer then a stronger argument should be provided.
- 'Realistic to think the use can take place within 5 years' - The City Council would like to receive evidence to show how the community organisation propose to reinstate the use either itself or in partnership with another partner. The evidence might include any steps it has taken to assess the sustainability of the use for example by explaining that it has assessed such financial matters as set-up and running costs and estimated receipts (outline business plan, survey report, market intelligence)
Who can nominate an asset?
It is open to parishes and community organisations to nominate local assets to Oxford City Council. Community organisations may include a neighbourhood forum, a charity, and a community interest company.
The nominating group should have a local connection with the asset, which broadly means that the group must demonstrate that its activities are wholly or partly concerned with the Oxford City Council area or a neighbouring authority that shares a boundary.
The Regulations published by the government on their Legislation website contain further information about who can nominate a local asset.
How to nominate an asset
Nominations can be submitted by using the online Assets of Community Value Nomination Form.
Once a nomination is received and has been validated, Oxford City Council has 8 weeks to make a judgement about whether the asset meets the definition set out the Act or whether it falls into one of the excluded categories, including residential property, set out in the Regulations.
The City Council will take all practicable steps to notify the owner and any lawful occupiers of the nominated asset, and will be open to receive representations for and against the nomination by a specified date (a minimum of 21 days after submission).
If the proposed asset is properly nominated, is in the Oxford City Council administrative area, meets the definition, and is not excluded, the City Council must list it by placing it on the List of Local Assets of Community Value and inform all specified parties (including a parish council if relevant).
We must also place the asset on the local land charges register and, if the land is registered, apply for a restriction on the Land Register.
If the City Council does not agree that the nominated asset meets the definition in the Act, or it is in one of the excluded categories, we must place it on a List of Unsuccessful Community Nominations.
The intention of this is to ensure transparency and to avoid multiple nomination of an asset that does not meet the definition.
If an owner is successful in their appeal against listing at internal review or Tribunal stage then the asset must also be moved to the list of unsuccessful nominations (see below for more information on owner appeals).
How can an Owner seek a review?
If the owner objects to their property being placed on the List, they will have a right to an internal review by the City Council of the decision to list. The owner may seek a review by writing to the City Council within 8 weeks of the date of the Notice of Listing.
The City Council will complete the review and notify the owner of its decision and the reasons for that decision within 8 weeks of the owner’s request, unless the time has been extended by written agreement.
If the City Council were to decide to reverse its earlier decision to List the asset it will give the nominator a written copy of its decision and the reasons for that decision.
If the owner remains in disagreement with the listing after the internal review they have a right of appeal to an independent Tribunal.
The regulations also allow for the City Council to permit a longer period if requested.
The owner should explain why it is believed the Listing decision should be altered by reference to the definition in the Act.
The owner should at this stage indicate if he or she wishes the City Council to hold an oral hearing.
The City Council will ask the nominated Director to review the decision.
Even if the owner has not requested an oral hearing the City Council may arrange for one to be held. If there is to be an oral hearing the owner may be represented (including legally). The City Council will arrange such a hearing to be held in public, albeit the public will not be able to address the Director.
What happens once an asset is listed?
Once an asset has been Listed nothing further will happen unless and until the owner decides to dispose of it, either through a freehold sale, or the grant or assignment of a lease of more than 25 years.
Unless an exemption applies, the owner will only be able to dispose of the asset after a specified window has expired. The first part of this window is a 6 week interim period, which will apply in all cases from the point the owner notifies the local authority. This will allow community interest groups to make a written request to be treated as a potential bidder. If none do so in this period, the owner is free to sell their asset at the end of the 6 weeks.
If a 'community interest group' as defined in the Regulations does make a request during this interim period, then the full 6 month moratorium will operate. During this period the owner may continue to market and negotiate sales, but may not exchange contracts (or enter into a binding contract to do so later). There is one exception. The owner may sell to a community interest group during the moratorium period.
After the moratorium period - either the 6 weeks or the full 6 months - the owner is free to sell to whomever they choose and at whatever price.
Not all proposed sales have to be notified to the City Council however. A range of disposals will be exempted from the provisions. The full list of exemptions is given in Annex A of the DCLG advice note for local authorities.
