Community Right to Bid

2. Community Right to Bid Procedure

Nominations and Listing (8 week time frame)

Stage 1: Nomination - See Annex A

Stage 2: Consideration

• The Nominating organisation;
• The owners of the asset (who are given an opportunity to submit any evidence which they deem to be relevant in connection with the nomination);
• Any lawful occupier;
• Local Council Members and the Parish Council;
• Any other interested party as the Council so decides.

Senior officers from Legal and Property Services will consider the nomination against the criteria set out in the Regulations and make a recommendation to the Director (Communities) who will make the decision.

Stage 3: Notification

With eight weeks of receipt of nomination:

Property Services notify decision to:

• The Nominating organisation;
• The owners of the asset;
• Any lawful occupier;
• Local Council Members and the Parish Council;
• Any other interested party as the Council so decides.

Stage 4: Post Decision

Property Services will register:

• The successful nominations on the List of Assets of Community Value and
• On the local land charges to register and
• Unsuccessful nominations placed on the List of Nominated Assets not of Community Value;
• Legal Services will in the same of registered land apply for a restriction on the Land Registry;
• Ensure the Council’s website is updated at all times.

Reviews and Appeals (8 week time-frame)

Stage 1: Request for internal review

The Property Services Manager will refer the review to the Chief Executive for decision.

Within eight weeks of registering the request to review (unless a longer period has been agreed in writing) provide written notification of the Council’s decision to:

• The Nominating organisation;
• The owners of the asset;
• Any lawful occupier;
• Local Council Members and the Parish Council;
• Any other interested party as the Council so decides.

Transfer the asset from the List of Assets of Community Value to the List of Nominated Assets not of Community Values if the Chief Executive agrees with the appeal; or

Provide the asset owner with a written response of its decision if the internal review does not find in favour of the asset owner inform the asset owner of their right to an independent appeal.

Moratoria on Sale – See Annex B

Initial Moratorium Period (6 weeks)

• write to the asset owner and the nominator of the asset to advise that the Initial Moratorium has been triggered;
• will publish the owner’s intention to dispose of the asset on its website.

Full Moratorium Period (6 months)

Protected Period (12 months)

Stage 1: Initial Compensation Claim

Stage 2: Review of Compensation Claim

Property Services will: If they receive a request to review the decision reached in relation to the claim write to the claimant with written notification of the review outcome within eight weeks of receipt of the review request.

• Community Right to Bid Guidance Notes
• Community Right to Bid Procedure
• Community Right to Bid Policy Statement
• List of Assets of Community Value in Gravesham