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The Community Right to Challenge and Community Right to Buy Bethan Evans Partner 31 March 2011.

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Presentation on theme: "The Community Right to Challenge and Community Right to Buy Bethan Evans Partner 31 March 2011."— Presentation transcript:

1 The Community Right to Challenge and Community Right to Buy Bethan Evans Partner 31 March 2011

2 Localism Bill Introduced into Parliament 13 December Clauses, 24 Schedules Royal Assent – November 2011 Implementation – from April 2012 Consultations on Community Right to Challenge and Community Right to Buy launched 4 February 2011, close 4 May 2011 “Community Right to Reclaim Land” announced February 2011

3 Community Right to Challenge Right to take over local services and facilities A “Relevant Body” may submit an Expression of Interest in providing or assisting to provide a relevant service “Relevant Service” is any service, unless specified provided by or on behalf of a County, District or London Borough Council (can be extended)

4 Relevant Body “Relevant Body” is Voluntary or community body Body or trust for charitable purposes only Parish Council Two or more employees Such other person or body as specified “Voluntary Body” = body whose activities are carried out not for profit, or profit is used for voluntary purposes or “invested in the community” “Community Body” = body whose activities are carried out primarily for the benefit of the community

5 Acceptance / Rejection of Expression of Interest Secretary or State may specify permitted grounds for rejection In considering Expression of Interest, the local authority must consider whether acceptance would promote the social, economic or environmental well-being of the area If it accepts the Expression of Interest, the local authority must carry out a procurement exercise for the service, appropriate to nature and value of “contract”

6 Assets of Community Value Local authority must maintain a “list of assets of community value” in its area “Community Nominations” of building or land by Parish and Community Councils and other specified persons Local authority may also nominate building or land as being “of community value” Regulations will set out what constitutes “community value” – may include: Identity of the owner Identity of any occupier Nature of the estates or interests in the land Historic, current and potential use Statutory provisions that affect the land Price or value of this or other land

7 List of Assets of Community Value If land is of “community value”, it must go on the “pass” list For a period specified by the authority Normally 5 years Unsuccessful community nominations go on “fail” list Both lists must be available to inspection free of charge Notification to landowners and as local land charge

8 Community Right to Buy If landowner wants to sell listed land – Must notify local authority of intention to sell Authority gives notice to person who nominated and publicise in locality If landowner wants to “enter into a relevant disposal” – Moratorium of up to 6 months to allow Community Interest Group to bid No requirement to sell at all or at undervalue “Community Interest Group” to be defined in Regulations Regulations may provide for payment of compensation to landowner – by whom?

9 Community Right to Reclaim Land Announced February 2011 “Public request to order disposal” under Local Government, Planning and Land Act 1980 – power to request that empty public sector land owned by local authorities and some other public bodies is sold off Improvements to system enabling “members of public” to request that empty public land or buildings are sold off, so they can be brought back into use Online database with information about empty land and buildings Regulations out by the end of May 2011


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