3. Nomination of assets
Who can nominate an asset?
Assets can be nominated for inclusion on the list by a "voluntary or community body", namely one of the following:-
- a neighbourhood forum;
- a parish council;
- a charity;
- a community interest company;
or one of the following which does not distribute any surplus it makes to its members:-
- an unincorporated body with at least 21 individual members registered to vote locally;
- a company limited by guarantee;
- an industrial and provident society.
In addition, the body must have a local connection, which means that its activities are wholly or partly concerned with the administrative area of Exeter City Council or a neighbouring local authority. In the case of a body in Group B, any surplus must be wholly or partly applied for the benefit of the same area.
How to nominate an asset
A nomination has to include certain information. To ensure that you comply with the requirements, please use the Assets of Community Value Nomination Form.
What happens following nomination?
The Council has to decide whether or not to list the asset, within eight weeks following the nomination. A Council officer will check the technical issues such as eligibility of the organisation making the nomination, completeness of the information supplied, and the fact that the asset is not in an excluded category. The judgement as to whether the asset is of community value will be made by him in consultation with the Portfolio Holder for City Development.
The Council must take all practicable steps to notify the following that it is considering listing the land:-
- all owners, lessees and lawful occupants;
- the parish council if there is one.
The same people will be notified if the application is successful, and the listing will be registered as a local land charge and at the Land Registry.
The organisation which originally nominated the asset will be notified of the outcome, together with reasons if the application is unsuccessful. They will also be notified if the asset is subsequently removed from the list following a review of the decision. There is no right of review for a community interest group against a decision not to include an asset on the list.