Information for owners

Conditions for selling an asset of community value 

If you are the owner of a building or other land that is on the list of ‘Assets of Community Value’ you must notify the Council in writing of your wish to enter into a relevant disposal of the land.  The other conditions listed below that are trigged as a result of notifying ECDC of their intentions must also be met:

  • The interim moratorium period has ended without ECDC having received during that period a written request for the group to be treated as a potential bidder in relation to the land
  • The full moratorium has ended, or
  • The protected period has not ended

If these conditions are not complied with, a relevant disposal of listed land contravenes Section 95(1) of the LA 2011 and is therefore ineffective unless the owner has made all reasonable efforts to find out if the land is listed, and was unaware of it at the time of disposal.

Appeals

Throughout the appeals process the property will remain listed and will remain listed unless the outcome of the review meetings deem otherwise and order the removal of the asset.

There are two opportunities for owners to appeal decisions made by the Council:

  • A Listing review
  • A Compensation review

The owner must request the listing review in writing before the end of the period of eight weeks beginning with the day on which written notice of inclusion of the land in the list was given by ECDC. The owner can request an oral hearing be to held which must be received in writing. 

Review requests must be submitted:

  • by email; or
  • by post to: Communities and Partnerships, ECDC, The Grange, Nutholt Lane, Ely, Cambs, CB7 4EE

Reviews will be undertaken by a senior officer that had no involvement in the original decision to accept the building or other land on the list of ‘Assets of Community Value.  The owner may appoint any representative to act on his or her behalf. Representations can be made in writing, orally or both.  The owner should inform ECDC if a representative is appointed whereupon ECDC will correspond with the representative and is not obliged to supply copies of documents to the owner.

ECDC will complete the review by the end of the period of eight weeks beginning with the date that it receives the written request for the review, or such longer period as is agreed with the owner in writing. 

Appealing Against a Listing Review Decision

An owner of a listed Asset of Community Value may appeal to the First-Tier Tribunal against ECDC’s decision on a listing review in respect of the land.  The owner may be the owner who requested the listing review or a subsequent owner of part or all of the land.

The deadline for appealing is 28 days from the date on which notice of the decision appealed against was sent to the owner.  Appeals may be both on points of law and on findings of fact. 

Compensation

Private owners may claim compensation for loss and expense incurred through the asset being listed or previously listed.  The Regulations specifically provide that this includes a claim arising from a period of delay in entering into a binding agreement to sell, that is wholly caused by the interim or full moratorium period; or for legal expenses incurred in a successful appeal to the First Tier Tribunal.

A claim must be made in writing to ECDC by the end of thirteen weeks after the loss or expense was incurred, or finished being incurred. The owner should state the amount of compensation sought, and include supporting evidence.  The burden of proving the claim falls on the owner.

Claims should be sent:

  • by email to: avc@eastcambs.gov.uk ; or
  • by post to: Communities and Partnerships, ECDC, The Grange, Nutholt Lane, Ely, Cambs, CB7 4EE

The Council will consider the claim and give written reasons for its decision.

Review of compensation decision

The owner may ask ECDC to review either or both of its decisions made in response to that claim as to:

  • Whether compensation should be paid to that person
  • If compensation is to be paid, the amount of that compensation

The owner must request the compensation review in writing before the end of the period of eight weeks beginning with the day on which written notice of the decision made on compensation was given by ECDC, giving appropriate evidence to support the submission.

Appealing against a compensation review decision

Where ECDC has carried out a compensation review, the person who requested the review may appeal to the First-Tier Tribunal against any decision of the authority on the review.  The deadline for appealing is specified in the procedural rules of that Chamber as 28 days from the date on which notice of the decision appealed against was sent to the owner.