Assets of community value are buildings or other land nominated under the Localism Act 2011 by a voluntary or community body with a local connection and listed by the local authority because their use is considered to further the social wellbeing or social interests of the local community. They are given a number of different forms of protection.
This book provides guidance on the interpretation and application of the relevant provisions. It sets out both legal and practical guidance, drawing together in one place the relevant principles from the Act, the accompanying Regulations, other primary and secondary legislation, Government guidance, the case law and elsewhere. It provides assistance to a number of different groups: to those who wish to nominate a building or other land for listing as an asset of community value, to landowners who may wish to resist the listing of their property, to local authorities who have to determine the nomination and resolve any disputes, and to the professionals who advise them.
The first book to deal in detail with this area, Assets of Community Value: Law and Practice:
* offers in-depth guidance, saving much time-consuming research
* deals rigorously with the relevant legal principles, drawing on other areas of law to offer suggested answers to many unresolved questions
* provides practical guidance, firmly rooted in legal principle, for how to deal with many of the issues which arise, some of which involve difficult points of law and interpretation
* addresses in detail the ever-increasing case law of the First-tier Tribunal and Upper Tribunal in this area.
Simon Adamyk is a practising barrister at New Square Chambers, Lincoln's Inn. He read law at Downing College, Cambridge, He also holds a Master's degree in law from Harvard Law School. He specialises in chancery/commercial law.
Preface Foreword Table of Cases Table of Statutes Table of Statutory Instruments Table of European Material List of Abbreviations 1 Introduction: Assets of Community Value in a Nutshell 2 Political and Legislative History 3 The List of Assets of Community Value and How to Nominate an Asset for Inclusion in the List 4 Legal Requirements for a Building or other Land to Qualify for Inclusion in the List of Assets of Community Value 5 Consequences of a Building or other Land Being Included in the List of Assets of Community Value 6 Appeals 7 Enforcement 8 Co-operation between Local Authorities and Advice and Assistance from the Secretary of State 9 Statistics for the Use of Assets of Community Value so far and Proposals for Future Reform Appendices 1 Localism Act 2011, Part 5, Chapter 3 (sections 87 to 108) 2 Assets of Community Value (England) Regulations 2012 (SI 2012/2421) 3 Summary of Asset of Community Value Cases Decided so far by the First tier Tribunal and Upper Tribunal 4 Eligibility Checklists for Nominators 5 Provisions Creating Rights of Appeal to the First-tier Tribunal (General Regulatory Chamber) 6 Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (SI 2009/1976) 7 Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698) 8 Notice of Appeal to First-tier Tribunal (General Regulatory Chamber) Index