South Staffordshire Partnership Localism Masterclass

Andy HaldenGraham Wright

Community Council of Staffordshire

Community Right to Bid

( Assets Register )

• Introductions

• What Is The Community Right To Bid ?

• South Staffordshire Council Process

• Practical Examples

• Practical Advice That Partners Can Give Communities

• Group Activity

• Questions

Introductions • Community Council

• 60 years old ( nearly )

• Charity sitting in the voluntary sector

• 1 of 38 Community Councils across the country

• Nationally work as ACRE and link to Defra

• Support all communities but especially rural

• Probably best known for Village Agents and Best Kept Village !

What Is The Community Right To Bid ?

What Is The Community Right To Bid ?

What Is The Community Right To Bid ?

What Is The Community Right To Bid ?

• The Localism Act 2011 introduced new rights and powers for individuals and communities.

• Within these “rights “ sits the Community Right to Bid.

What Is The Community Right To Bid ?

The Community Right to Bid process is set out in the Localism Act and came into force on 21 September 2012. http://www.legislation.gov.uk/ukpga/2011/20/pdfs/ukpga_20110020_en.pdf

Local Authorities must keep a ‘List of Assets of Community Value’ which have been nominated by a local community group or a Parish/Town Council

What Is The Community Right To Bid ?

• Buildings or land of community value can be included on the list of “assets of community value”.

• A local community group , Town or Parish Council can nominate an asset for inclusion on the list .

• An asset can be listed if its principal use furthers the community’s social well-being or social interests

• If an asset comes to be sold, the sale can be delayed giving the

community the time to prepare a case to bid .

What Is The Community Right To Bid ? • An asset can be listed if its main present use, or it’s recent use is to

further the social wellbeing or social interests of the local community and it could do so in the future.

• “social interests” include cultural, recreational and sporting interests.

• Exemptions exist including ; homes, hotels, assets being transferred between kindred businesses, and Church of England land holdings

What Is The Community Right To Bid ?

• A range of community organisations can nominate assets for inclusion on the list:

parish councilsneighbourhood forumsunconstituted community groups of at least 21 members not-for-private-profit organisations (e.g. charities)

• Community organisations must have a local connection, which means their activities are wholly or partly concerned with the area, or with a neighbouring authority’s area

What Is The Community Right To Bid ?

• If an nominated asset meets the definition of an Asset of Community Value ,the Local Authority must include this on its list.

• Assets remain on the list for at least 5 years ( and can be extended after ) . • If the council decides that the nomination doesn’t meet the criteria, they

inform the group who nominated the asset providing a reason . • A list of unsuccessful nominated assets is also kept for at least 5 years. • Landowners can ask local authorities to review the inclusion of an asset on the

list, and this triggers an appeal to an independent body.

What Is The Community Right To Bid ?

• The Community Right to Bid does not give the community to right of first refusal to buy an asset.

• It does give time for them to put together the funding necessary to bid to buy the asset on the open market.

• If an owner wants to sell a listed property they must tell the local authority.

• If the nominating group is keen to develop a bid, they can then call for the local authority to trigger a moratorium period, during which time the owner cannot proceed to sell the asset.

What Is The Community Right To Bid ?

Two Moratorium Periods. 1. If an owner of a listed asset decides to sell, he must inform the local

authority. The local authority(LA) will inform the nominating group and they will have 6 weeks in which to tell the LA that they wish to buy the asset

2. If the group wish to bid for the asset, they inform the LA and the group then has 6 months ( from the date that the owner first informed the LA of the intention to sell ) in which to develop a proposal , raise the money and submit the bid to buy the asset.

Community group/Parish Council identify asset Group nominate asset to District Council District Council accept nomination and put asset on list ( 5 years minimum ) Owner informs the District Council of intention to sell

District Council inform nominating group of the sale Group have 6 weeks to inform the District Council if they want to bid

Group want to bid

Sale is put on hold for a 6 months

Owner waits 6 months and can then sell to whoever he/she chooses

South Staffordshire Council Process

All the information on the South Staffordshire Council process is due to go live on the web site

in December

Practical Examples

Practical Advice That Partners Can Give Communities

What ways can you think of that the Parish Council or District Council can help the process ?

Group Activity

• What challenges do you think will be encountered in the process ?

• What assets do you think would be suitable for

listing in your community ?

?