Assets of community value
The community right to bid for assets of community value allows parish councils or community groups to ask the Council to list certain assets as being of value to the community.
If an asset is listed and then comes up for sale, communities that want it will have six months to put together a bid to buy it. The land owner cannot sell the land during this time and it will give communities an increased chance to attempt to save much loved shops, pubs or other local facilities. While the owner will become aware of a community bid they are not bound to sell to a community group and will still be free to sell the land as they see fit. Assets that meet the definition of community value can be nominated for listing regardless as to whether they are in the public or private sector.
A building or land in Darlington Borough Council’s area will be listed as an asset of community value if in the opinion of the Council:
(current use) the current primary use of the building/land furthers the social well-being or social interests of the local community AND it is realistic to think that there could continue to be primary use of the building/land which will further the social well-being or social interests of the local community (whether or not in the same way as it is currently used)
(past use) the land/ building is not currently land of community value but in the recent past (five years) the primary use of building/land was to further the social well-being or social interests of the local community AND it is realistic to think that in the next five years there could be primary use of the building/land which will further the social well-being or social interests of the local community (whether or not in the same way as before)
In this context social interests include cultural, recreational and sporting interests.
In addition to meeting the above requirements (relating to current use or past use) the land must not be in a category of asset which is excluded. Schedule 1 of the Regulations set out the assets that are excluded. The main one is residential property (this includes land that is reasonable to consider as part of residence).
Once a nomination is accepted and the building or land is listed the owner cannot dispose of that building or land without:
- letting Darlington Borough Council know that they intend to sell the asset or grant a lease of more than 25 years
- waiting until the end of a six week ‘interim moratorium’ period if Darlington Borough Council does not receive a request from a community group to be treated as a potential bidder
- waiting until the end of a six month ‘full moratorium’ period if Darlington Borough Council does receive a request from a community group to be treated as a potential bidder
The owner does not have to sell the asset to the community group.
There is also a ‘protected period’ (18 months from the time that the owner notified the local authority of their intention to dispose of the asset) – during this time there can be no further moratoriums.
- the bodies that can make nominations
- land that is exempt from being listed
- the steps that Darlington Borough Council has to take when considering to list land as an asset of community value and upon listing that land
- arrangements for owners to make appeals on decisions to list or award compensation on any losses incurred as a result of being listed (including internal reviews and external tribunals)
- exemptions to the six month moratorium being applied when land is put up for sale or long term lease
When a completed nomination is received a decision will be made within eight weeks as to whether to list the asset. The asset will then be placed on a list of successful or unsuccessful nominations on Darlington Borough Council’s website.
A nomination form to list an asset as being of community value is available, which should be returned to firstname.lastname@example.org. Notes are also available, which should be read before completing the form.
Assets of community value: listed sites
|Ref||Name||Address||Type||Date of nomination||Nominating organisation||Date listed||Date of intended disposal notice||Date of end of initial moratorium||Date of end of full moratorium||Date of end of protected period|
|01/13||Former Arts Centre||Vane Terrace, Darlington, DL3 7AX||Unused at time of nomination - was arts centre until late 2012||12/01/13||Darlington for Culture||20/03/13||09/07/13||20/08/13||Not required. No expressions of interest to bid received||09/01/15|
|02/13||Civic Theatre||Parkgate, Darlington, DL1 1RR||Civic theatre||12/01/13||Darlington for Culture||20/03/13|
|03/13||Crown Street Library||Crown Street, Darlington, DL1 1ND||Library||12/01/13||Darlington for Culture||20/03/13|
|04/13||Head of Steam museum||Station Road, Darlington, DL3 6ST||Railway museum, exhibition space, study centre, cafe and shop||12/01/13||Darlington for Culture||20/03/13|
|05/13||The Bridge||Yarm Road, Darlington, DL1 1ED||Centre for visual arts||12/01/13||Darlington for Culture||20/03/13|
|06/13||Cockerton Library||The Green, Cockerton, Darlington, DL3 9AA||Library||12/01/13||Darlington for Culture||20/03/13|
|07/13||Club house and car park, former Blackwell Grange golf club||Briar Close, Darlington, DL3 8QU||Former club house and car park to golf club||23/09/13||Unincorporated body||23/10/13||11/05/15||23/06/15||11/11/15|
|01/14||Old goods shed and yard||Station Road, Darlington||Former railway goods shed and yard||20/02/14||Darlington Railway Preservation Trust||14/04/14||
|01/16||Sadberge Village Hall||Darlington Road, Sadberge DL2 1SB||Village Hall||14/12/15||Sadberge Parish Council||24/2/16|
|02/16||The Tuns, Sadberge||Sadberge DL2 1 RU||Public House||22/12/15||Sadberge Parish Council||24/2/16|
|03/16||The Buck Inn, Sadberge||Middleton Road, Sadberge DL2 1RR||Public House||22/12/15||Sadberge Parish Council||14/03/16|
|04/16||The Kings Arms Hotel, Great Stainton||The Green, Great Stainton, Stockton on Tees, Co Durham TS21 1NA||Public House||14/01/16||CAMRA (Darlington Branch)||16/03/16|
List of unsuccessful community nominations:
|Asset ref||Asset name||Address||Date of assessment||Expiry of listing||Reason why unsuccessful|
|01/15||Land known as Maidendale Farm||Maidendale Farm, Yarm Road, Darlington||20 April 2015||20 April 2020||