Assets of Community Value
At midnight on 31 March 2019 the following councils ceased to exist and have amalgamated to become Dorset Council. The respective lists of assets of community value for each of these councils are now closed to new entries although still active in respect of existing assets of community value and listing of these can be accessed via the links below:
Any nominations made on or after 1 April 2019 will be considered by Dorset Council. Dorset Council will also be responsible for any assets of community value on these closed lists that are still within a five year time period since nomination.
The 'Community Right to Bid' allows local community, voluntary bodies and parish councils (defined by the legislation below) to identify and nominate land and buildings that are important to them. Community assets could include a village shop, local pub, community centre or library but there are many other examples. These can be included on Dorset Council’s list of community assets providing they meet the requirements below. The community right to bid is a community right under the Localism Act, 2011 and The Assets of Community Value (England) Regulations, 2012.
Legal tests applied to a nomination of an Asset of Community Value:
- The asset must meet the definition of an asset of community value
A building or land is of community value if, in the opinion of the local authority, the current or recent non-ancillary use furthers the social well-being or social interests of the community, and it is realistic to think that there can be continued use which will do so in some, but not necessarily the same, way. Social well-being and social interests can include cultural, recreational and sporting interests but this is not an exhaustive list.
- The asset must be, (at least partly), in the local authority's area
Some assets may overlap boundaries with a neighbouring local authority.
- The asset must be nominated by a parish council, or voluntary or community body with a local connection
Voluntary or community bodies with a local connection must supply evidence of their status (for example, a copy of your constitution or terms of reference or, if an unincorporated body, details of 21 people with a local connection and on the electoral register). Eligible bodies can also be a charity, a community interest company, a company limited by guarantee that is non-profit distributing, or an industrial and provident society that is non-profit distributing.
- The asset must not be an excluded asset type
Excluded asset types can be summarised as:
- A residential property, including gardens, outbuildings and other associated land that is reasonable to consider as part of the land with the residence. (This exclusion does not cover assets that contain integral residential quarters such as a pub or caretaker's flat)
- Land licensed for use as a residential caravan site (and residential caravan sites that do not need a licence)
- Operational land of statutory undertakers as defined in section 263 of the Town and Country Planning Act 1990, for example, Highways Agency land
How to nominate an asset
You may wish to seek advice before nominating an asset of community value. This is available from Dorset Council, ‘Locality’ have set up a my community rights website which includes advice and information for community groups considering making a nomination and/or making a bid.
A nomination form must be completed for each asset to be nominated. If you are unable to do this, please contact us and we will send a form to you.
The nomination must include:
- details of the nominating body and evidence of their eligibility;
- details of the landowner, leaseholder(s) and occupant(s);
- description of the nominated land/property including its proposed boundaries and exact location, address with postcode and a map;
- reason for nominating the asset, explaining how it meets the definition of 'an asset of community value' as defined above. For example, who in the community uses the asset, what it is used for, how long the community has used it, and what the community benefits are,
- evidence that your organisation is an eligible community or voluntary body, as listed on the form
The map submitted must be ordnance survey compliant. Speak to us if you don't have access to one.
The protection offered by the community right to bid scheme is limited and when considering whether to nominate an asset it's worth checking what other protection already applies to an asset, e.g. it might be a Scheduled Ancient Monument, or a playing field that may be held in trust.
On receipt of a nomination, Dorset Council will make the owner/leaseholder aware that their property has been nominated for inclusion on the asset list, and publish the nomination on this website. We will take account of the information in your nomination, the owner’s comments and any other relevant information in making a decision.
We will make the decision on whether the nomination should be placed on the asset list within eight weeks of receiving the nomination. The landowner has the right of review and appeal, if they object to their property being listed.
Successful nominations are added to the Listed Assets of Community Value. If a nomination is unsuccessful we will add the asset to the unsuccessful nominations list along with the reason for not listing. This will hopefully avoid unnecessary repeat nominations and potential time wasted for everyone involved on other similar nominations.
Details of the assets removed from the Assets of Community Value List are also published.
How the Community Right to Bid works
If an asset of community value comes up for sale, long term rent or assignment the owner is legally obliged to inform the council in writing. This then activates a six week pause in the sale process known as an initial moratorium during which the landowner cannot legally dispose of the asset. The council then advertises the opportunity for eligible community and voluntary bodies to give written notice of their intention to bid for the asset by informing the council in writing.
If this happens it then triggers a full moratorium of up to six months to enable the community body to raise money and bid to buy the asset. This does not however, mean that the community body gets a right of first refusal or that it will have the opportunity to buy the asset at below market value.
If there is no sale to a community body during this six month full moratorium period then the owner is free to sell the asset with no restriction for an eighteen month “protected period”. This period runs from the date at which the owner notified the council of the intention to sell the asset of community value.
Local authorities are required to remove an asset from the List, as soon as practicable:
- after a relevant disposal (other than an exempt disposal)
- when an appeal against a listing has been successful
- when they form the opinion that the land or building is no longer of community value
- or no later than 5 years from the date of entry on the list (Assets can be re-listed if a new nomination is received after 5 years and if the legal tests are satisfied.)
Nominations under consideration
Nominations for Assets of Community Value
|Reference number ||Date of Receipt of Nomination||Nominating Body||Name and address of Asset |
||8 July 2019
||Sturminster Marshall Parish Council
||The Churchill Arms, 45 High Street, Sturminster Marshall, Wimborne, Dorset BH21 4AS
||23 July 2019
||Chesil Bank Group Parish Council
||The Elm Tree Inn, Shop Lane, Langton Herring, Weymouth, Dorset, DT3 4HU
30 July 2019
|Corfe Mullen Parish Council
||BH Live Active, 14 Wareham Rd, Corfe Mullen, Wimborne BH21 3LE
Listed Assets of Community Value
Unsuccessful nominations for Assets of Community Value
|Reference number||Date received ||Asset details ||Date of Assessment||Decision letter|
||The Woodpecker Inn, High Street, Spetisbury, Blandford Forum, Dorset DT11 9DJ
||10 April 2019
||The Woodpecker Inn - Decision letter
||20 February 2019
||The Churchill Arms Public House, 45 High Street, Sturminster Marshall, Wimborne, Dorset BH21 4AS
||17 April 2019
||The Churchill Arms - Decision letter
Assets removed from Assets of Community Value List
We do not yet have a list of assets removed from the Assets of Community Value List.