Detailed Contents
| Author | Simon Adamyk |
| Pages | 7-15 |
Preface xix Foreword xxi Table of Cases xxiii Table of Statutes xxxi Table of Statutory Instruments xxxvii Table of European Material xlvii List of Abbreviations xlix
1 Introduction: Assets of Community Value in a Nutshell 1
Birth of assets of community value 1
Assets of community value in a nutshell 1
Types of asset of community value 2
Government policy underlying the assets of community value provisions 3
Structure of this book 6
Territorial scope of provisions within the United Kingdom 7
Crown application 8
Use of the terminology ‘asset’ in this book 8
A novel and developing jurisdiction – the emerging case law 9
2 Political and Legislative History 11
Political history 11
Legislative process 14
The Act and the Regulations 16
Construing the Act and the Regulations 16
3 The List of Assets of Community Value and How to Nominate an Asset
for Inclusion in the List 19
Scope of this chapter 19
List of assets of community value 19
Local authority 20
‘Owner’ 21
Form and contents of the list of assets of community value 22
For how long does land stay on the list of assets of community value? 24
Starting point of 5 years 24
Further nominations and listing after 5 years 24
viii Assets of Community Value: Law and Practice
When precisely could a re-nomination be made? 25
Removal sooner than 5 years 26
List of land nominated by unsuccessful community nominations 28 Publication, inspection and copying of lists 29 Land can only be nominated by a ‘community nomination’ (i.e. by a local
parish council or by a ‘voluntary or community body’ with a ‘local
connection’) 30 The difficulties likely to arise in practice as to whether or not a particular
entity satisfies the requirements to be a valid nominator 33 ‘Local connection’ 34 Unincorporated bodies 35
The reason why potentially difficult issues arise in this area 35 Capacity of unincorporated bodies as a matter of law 36 What is the nature of an ‘unincorporated body’ in the context of assets
of community value? 38 Approach adopted so far by the First-tier Tribunal 39 Nominator can still be a party to an appeal even where there are doubts
as to its eligibility 43 ‘Which does not distribute any surplus it makes to its members’ 44 National organisations with local branches 45
Relationship between the local branch and the national
organisation – rise and fall of the ‘hybrid’ approach 45
The local branch as an ‘unincorporated body’ in its own right 50 Contents of community nomination 52 What evidence is needed that an unincorporated body has 21 local
members? 53 Land lying in more than one local authority area 54 Local authority’s duty to consider nominations and to list qualifying assets 54 Notification of nomination 55 Can the local authority validly redact the names and addresses of the
members of a nominating unincorporated body? 55
The issue described 55 Requirements of procedural fairness 56 Level of detail required 57 Effect of the Data Protection Act 1998 58 A different route to disclosure of the names and addresses – the
Freedom of Information Act 2000 60 Time limit for local authority considering whether to list land 63 Validity of nomination – required evidence and information in support of
the nomination; and nominations made by a nominator on one stated
basis but later treated as being made on a different basis 65
Importance of the question whether a nomination is in fact valid 65 Evidence and information required in support of the nomination 66
Local authority’s approach to the consideration of a defective
nomination 67
Effect of a defective nomination on suspension of permitted
development rights 74
Detailed Contents ix
Nomination made by a nominator initially claiming to be eligible on
one stated basis, but later considered by the local authority on the
basis of some different claim to eligibility 77
Local authority’s approach to a nomination of this type 77 Effect of a nomination of this type on suspension of permitted
development rights 81 Notice of inclusion or removal 82
Contents of the notice of inclusion...
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