Index
| Author | Simon Adamyk |
| Pages | 419-435 |
References are to paragraph numbers. The abbreviation ‘ACV’ is sometimes used in this index in place of the full term ‘asset of community value’.
Abandoned bids 5.74, 9.12, 9.14 Abuse of process 3.163
Access requirement
disposals of part-listed land 5.43 land connected with a residence
4.148, 4.150 Administrators, disposals by 5.41 Agricultural land
ancillary and non-ancillary uses
4.49, 4.50
tenancies, succession 5.62 Airports, as operational land 4.176 Allotments 9.6
Ancillary and non-ancillary use of land
4.38, 4.42, 4.46–4.62, 4.79, 4.124–
4.127, 4.129, 6.147 Appeals 6.1–6.155
ACV appeals: introduction 6.1–6.17 overview 1.24, 6.1–6.8
status of nominators 3.61, 6.25,
9.12, 9.14
tribunals: background 6.9–6.17 to Court of Appeal 1.24, 3.56n95,
6.1, 6.2, 6.80–6.84, 6.107,
6.121n204
to First-tier Tribunal see First-tier
Tribunal, appeals to
to Upper Tribunal see Upper Tribunal, appeals to
see also Judicial review; Listing reviews; Reviews, compensation decisions of
Appropriate authorities, meaning 3.6
Article 4 directions 5.96–5.100, 9.12,
9.14
Assets of community value: introduction
1.1–1.25
appraisal of scheme in practice overview and statistics 1.23–
1.25, 9.1–9.11 proposals for reform 5.101,
9.12–9.17
assets, use of term 1.20–1.22
basic outline of scheme 1.3–1.9, 3.90 examples 1.8–1.9, 9.6 geographical extent of scheme
1.15–1.18, 3.3n4
intangible assets 4.3–4.4 legislation see Legislation: introduction list see List of assets of community value
location (searches) 9.11 requirements for see Listing criteria;
Excluded land; Residences sources of advice and assistance
8.3–8.7, 9.12, 9.14
structure of book 1.14
types and examples: overview 1.8–
1.9, 9.1, 9.6
see also Drinking establishments; England; Libraries; Pubs; Schools; Scotland; Shops; Sports facilities; Wales
Assets of Community Value (England)
Regulations 2012, see Legislation: introduction
420 Assets of Community Value: Law and Practice
Associations, unincorporated 3.48–3.49,
3.51, 3.52, 3.54–3.56, 3.58
BAILII (British and Irish Legal
Information Institute) 1.24, App 3 Bankruptcy proceedings, disposals pursuant to 5.60
Bodies, unincorporated see
Unincorporated bodies
Bowling greens 9.1
Broads Authority, the 3.4, 5.148 Buildings
meaning 4.2–4.6, 4.122
parts of a building 4.2, 4.61n58,
4.115–4.122, 4.127, 4.158, 4.159 religious use see Places of worship residences see Residences
under construction 4.172
Bundles of documents in First-tier
Tribunal 6.37–6.42
Businesses disposed of as going concerns
5.48–5.49, 9.12, 9.14
Campaign for Real Ale (CAMRA) see
National organisations: local branches Canals
as operational land 4.176
and single ownership rules 4.150, 5.43 Car parks 9.6
Caravan sites 4.146, 4.173–4.174
Case law
precedent 3.73, 6.13–6.14
bundles of authorities in First-tier
Tribunal 6.41
relating to ACV scheme: overview
1.23–1.25, 6.89n173, 9.7 summary App 3
Change of use see Permitted development; Planning law
Charges over land see Local land charges;
Secured creditors
Charities 3.32, 5.15, 5.16 Churches 4.32, 4.56, 5.95, 9.6 redundant, disposals of 5.64 see also Places of worship
City of London, Common Council of
3.3, 5.148, 7.13
see also Local authorities
Civil partners
disposals between 5.42
disposals pursuant to separation agreements 5.54
Clubs see Unincorporated bodies Co-operation, local authorities, between
8.1–8.2
Co-operative societies 3.32, 3.35, 3.38,
3.62nn100, 101, 5.15–5.16 Community benefit societies 3.32, 3.35,
3.38, 3.62nn100, 101, 5.15–5.16 Community interest companies 3.32,
5.15–5.16
Community interest groups
abandoned bids 5.74, 9.12, 9.14 advice and assistance for 2.9–2.10,
5.5, 5.32, 8.3–8.7, 9.12, 9.14 disposals to, during moratorium
3.19, 5.35–5.37
meaning 5.15–5.18
nature of right to bid 1.13, 1.18, 2.9,
5.12, 9.13, 9.15
price payable by 2.9, 5.12, 9.15 requests to be treated as potential bidders, requirements 5.31–5.32 statistics 9.3, 9.5
Community nominations, meaning 3.31 see also Nomination of assets Community right to bid
exercise of see Enforcement of moratorium provisions; Moratorium on disposals
nature of 1.13, 1.18, 2.9, 5.12, 9.13,
9.15
as synonym for ACV scheme 1.2,
2.14
Community value see Excluded land;
Listing criteria, community value; Residences
Companies
representation of in First-tier Tribunal
6.33
see also Community interest companies; Companies limited by guarantee; Connected companies, disposals between
Companies limited by guarantee 3.32,
3.35, 3.38, 3.62nn100, 101, 5.15–5.16 Compensation 5.101–5.160
amount 3.190, 5.107–5.108, 5.146,
5.151, 6.153
appeals see First-tier Tribunal, appeals to
background 1.3, 1.6, 5.101–5.103 basis of claim 5.103–5.120, 5.132 costs of successful appeals
3.188–3.190, 5.107–5.108,
6.62
delay caused by moratorium
5.105–5.106
diminution in value of property
5.111, 5.113, 5.115–5.118 expansion of 5.139–5.143 general policy 5.103–5.104,
5.109–5.116
loss of permitted development rights 5.119–5.120
bodies not entitled to 5.147–5.150 burden and standard of proof 5.135 causation and nature of loss 5.121–
5.132
legal test 5.129–5.132
loss of profits 5.132
wholly or partly caused 5.121–
5.128
delay claims 5.105–5.106, 5.123–
5.125
diminution in value, claims for
5.111, 5.113, 5.115–5.118, 5.127,
5.136–5.137
human rights 4.181, 4.183–4.184,
5.160, 6.154
payment of 5.158–5.159, 6.154 procedure 5.133–5.145
reasons, duty to give 5.145 refusal 5.107–5.108, 5.151 review of decisions 3.165, 5.151–
5.155, 6.2–6.5
appeals against outcome see First-tier Tribunal, appeals to
time limits
claims: determining 5.144
claims: making 5.133–5.134,
5.136–5.139, 5.141–5.142 requests for review 5.152
see also Costs
Compulsory purchase
disposals of land to body acquiring under 5.61
land acquired by but no longer needed
(Crichel Down rules) 5.58 requests for 5.161–5.170 Conditional contracts 5.22–5.26 Connected companies, disposals between
5.63
Consequences of ACV status 1.3–1.7,
5.1
compensation see Compensation compulsory purchase, requests for
5.161–5.170
continuation, pending listing review or appeal 3.175, 5.2, 6.8 duties concerning restrictions and local land charges 5.70, 7.7–
7.14
duties of new owners 7.5, 7.8 duties of owners on first registration of land 7.9–7.10 moratorium on disposals see
Enforcement of moratorium provisions; Moratorium on disposals
notices of inclusion, duty to mention in 3.159
planning matters 1.5, 1.13, 5.76–
5.100
Article 4 directions, relevance of
ACV status 5.96–5.100,
9.12, 9.14
disposals pursuant to planning obligations (s 106 agreements) 5.56 drinking establishments see
Drinking establishments planning applications, relevance of ACV status 5.76–5.84,
5.91–5.95, 9.12, 9.14 proposals for reform 9.12, 9.14
422 Assets of Community Value: Law and Practice
Construction of statutes
de minimis principle 3.130–3.131,
5.46
implication of provisions into statutes
6.143–6.144, 6.153
statutory instruments, construction of
2.18, 4.158n113
use of parliamentary materials 2.16–
2.19, 6.133n214
Contracts, and date of relevant disposals
5.20–5.26
Conveyancers, certificates from 5.70,
7.7–7.9, 7.16
Costs
compensation as potential alternative to costs order 3.188–3.190,
5.107–5.108, 6.62
Court of Appeal 3.56n95 First-tier Tribunal 3.47n87,
3.56n95, 3.188–3.190, 5.107–
5.108, 6.16, 6.60–6.62
listing reviews 3.185–3.190 unreasonable conduct 6.60 Upper Tribunal 3.56n95, 6.60 wasted 3.47n87, 3.56n95, 3.189,
5.108, 6.60
County councils 3.3, 4.174
see also Local authorities
County courts 6.61
Court of Appeal 1.24, 3.56n95, 6.1, 6.2,
6.80–6.84, 6.107, 6.121n204
Courts
county courts 6.61
Court of Appeal 1.24, 3.56n95, 6.1,
6.2, 6.80–6.84, 6.107, 6.121n204 declarations by 5.73
disposals pursuant to orders of 5.53 High Court see High Court
see also Tribunals
Crichel Down rules 5.58, 5.161 Cricket pavilions 9.1
Crown, the 1.19
Data protection 3.93, 3.103–3.107
De minimis principle 3.130–3.131, 5.46 Declarations (by courts) 5.73 Defective nominations 3.113–3.156
background 3.113–3.116
correct approach: general 3.113–
3.135
drinking establishments 3.113,
3.136–3.144, 3.156
right to nominate, changed basis of claim 3.145–3.156
see also Nomination of assets Disclosure
appeals to First-tier Tribunal see First-tier tribunal, appeals to, procedure: disclosure and evidence
of details of members of unincorporated nominating body
3.93–3.110
background 3.93–3.98, 3.102 effect of Data Protection Act 1998
3.103–3.107, 3.109
effect of Freedom of Information
Act 2000 3.93, 3.108–3.110 procedural fairness 3.95–3.102,
3.105, 3.106, 3.108, 3.109,
3.110
see also Evidence; Procedural fairness Disposals see Enforcement of moratorium provisions; Moratorium on disposals District councils 3.3, 7.13
see also Local authorities
Drinking establishments 1.13n8, 3.156,
4.83–4.87, 5.85–5.92, 5.99, 5.119–
5.120
Campaign for Real Ale (CAMRA) see
National organisations: local branches
defective nominations 3.113, 3.136–
3.144, 3.156
see also Hotels; Pubs
Duty of candour 3.97, 6.46–6.50 see also Procedural fairness
Easements 4.3–4.4
Email, use of 3.168, 6.16, 6.21 Enforcement of moratorium provisions
7.1–7.17
amendment of list of assets of community value 5.8, 5.33
exception to basic principle 7.4 local land charges 7.12–7.14 non-compliant disposals, ineffectiveness of 7.3–7.4, 7.15–
7.17
overview 5.70, 5.75, 7.1–7.4, 7.15–
7.17
publicity and notification provisions
7.5–7.6
restrictions, registration and removal of 5.70, 7.7–7.11 transactions which...
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