Assets of Community Value FAQs
Q: Can a Tenants and Residents Association or a Parish Council nominate a piece of Council Land to be an ACV?
A: Yes, Council Land can be nominated to become an ACV.
Q: If a landowner inflates the price, can a community group offer a lower price (market value or less) and if not accepted, does the ACV designation still stand?
A: Yes, the designation still stands with the original timeframes.
Q: What about third party offers during the moratorium process?
A: The owner is allowed to sell to whom they like, but cannot do so within the six month moratorium period (if an expression of interest has been raised by an appropriate group).
Q: What are the advantages of having Goodwin Hall as an ACV?
A: If the property is put up for sale (and is not exempt) then one of the allowed groups can make a declaration of interest (and start the ball rolling)
Q: How many ACVs do we have in Bassetlaw? Where can a list be found?
A: A list is available on the Council’s website, which is shortly to be updated to include 2015 applications. This is maintained and updated by the Council’s Legal Section.
Q: If land is to be disposed of by Local Authorities, is there still a requirement for sale at best price?
A: No, this is no longer an imposition on LA’s
Q: Can an ACV be unlisted in the future?
A: An ACV listing lasts for 5 years from the date of listing – it is not a permanent listing.
Q: Does a community group have to be constituted?
A: There is no requirement in the regulations; however the LA can insist on this by passing an appropriate local regulation.
Q: Can a Community Interest Group make a proposal?
A: Yes, they qualify as an appropriate group.
Q: Would the LA have a conflict of interest in listing its own sites?
A: Yes, this is a possibility and would have to be examined closely by Legal Services if this was to be the case.
Q: If the ACV is subdivided by the landowner, the community asset is then reduced. Could this be offered back to the community?
A: The LA can make provision for this by making a local regulation using Section 95 of the ACV Regulations.
Q: What are the planning implications for decision making? Would it stop positive determination?
A: The planning decision making process is unaffected; however the ACV status of the land or buildings in question would have to be referenced in any planning report.