What happens following nomination?
We have to decide whether or not to list the asset, within eight weeks following the nomination.
Once we have received the completed form, we will check the technical issues such as the eligibility of the nomination and the organisation making the nomination, completeness of the information supplied, and the fact that the asset is not in an excluded category (for example, it is not a residential property).
Decisions as to whether the nominated assets are of community value will be made by a specially convened officer asset group.
Assets that are considered to be of community value will then be added to the ‘List of Assets of Community Value’. Assets will remain on the list for five years and a land charge and restriction on the title will be registered against the property. When the five years have expired, an eligible community organisation can submit a new nomination.
We will take all practicable steps to notify the owner and lawful occupants that the property is under consideration. We will also notify these people of the outcome of the nomination.
The organisation which originally nominated the asset will be notified of the outcome, together with reasons if the application is unsuccessful. They will also be notified if the asset is subsequently removed from the list, following a review of the decision.
If the nominated asset is not considered to be an asset of community value, or if the nomination was ineligible, we will provide an explanation as to why it was unsuccessful to the organisation which made the nomination. In such circumstances, the property will be added to the list of ‘Land Nominated by Unsuccessful Community Nominations’ and will remain on the list for five years.
If we decide to list a property, the property owner can ask for a review and there will be a process for an appeal to an independent body. Further guidance will be provided in the letter to the property owner.
Nominators are not able to appeal the decision made in respect of their nomination, but they may be able to request a review of the Council’s decision through the normal channels of scrutiny (for example, a judicial review).